Attorney General Loretta Lynch confirmed to Congress Wednesday that
career Justice Department attorneys are working with FBI agents on the
criminal investigation of Hillary Clinton’s email practices and the
handling of classified material.
Legal experts say the assignment of career Justice
Department attorneys to the case shows the FBI probe has progressed
beyond the initial referral, or "matured," giving agents access to the
U.S. government’s full investigative tool box, including subpoena power
for individuals, business or phone records, as well as witnesses.
The Associated Press reported earlier this month that
career lawyers were involved, but Lynch's comments are the most
expansive to Congress.
"If the FBI makes the case that Hillary Clinton
mishandled classified information and put America's security at risk,
will you prosecute the case?” Republican Congressman John Carter asked
Lynch during a budget hearing.
"Do you know of any efforts underway to undermine the
FBI's investigation? And please look the American people in the eye and
tell us what your position is as you are the chief prosecutor of the
United States," Carter pressed.
Lynch replied, "...that matter is being handled by
career independent law enforcement agents, FBI agents as well as the
career independent attorneys in the Department of Justice. They follow
the evidence, they look at the law and they'll make a recommendation to
me when the time is appropriate,"
She confirmed that the FBI criminal investigation is
ongoing, and no recommendation or referral on possible charges had been
made to her.
"I am not able to comment about the specific
investigation at this time. But what I will say is again that this will
be conducted as every other case. And we will review all the facts and
all the evidence and come to an independent conclusion as to how to best
handle it. And I'm also aware of no efforts to undermine our review or
investigation into this matter at all."
The White House has been criticized for its public
comments, including those of President Obama, that the transmission of
classified information on Clinton's unsecured, personal server did not
jeopardize national security.
Last month, White House spokesman Josh Earnest said
Clinton was not the target of the FBI probe, and it was not "trending"
towards Clinton.
During congressional testimony in December, FBI
Director James Comey was asked by Republican Senator John Cornyn of
Texas, “Does the President get briefings on ongoing investigations by
the FBI like this?” Comey replied, “No.”
National Security Defense attorney Edward MacMahon,
who routinely handles classified information as part of his case work,
said "Lynch appears to be sending a message that there is no need for a
special prosecutor because she has assigned career Justice Department
lawyers, and not political appointees, to work with FBI agents on the
Clinton matter."
MacMahon who recently represented CIA officer Jeffrey
Sterling, who was convicted of leaking intelligence to a New York Times
reporter and is now serving a three- and-a-half-year prison sentence,
said the pairing of FBI agents and Justice Department attorneys
generally reflects the fact that the investigation has moved beyond an
initial inquiry.
“As a general matter, a U.S. attorney is assigned as
an FBI investigation progresses. The partnership with the U.S. attorney
allows the FBI to use the investigation tools of the U.S. government,
including subpoenas for evidence, business or phone records, as well as
witnesses. And you need (a) U.S. attorney to convene a grand jury.”
It is not publicly known whether any of those actions
have been taken. But an intelligence source close to the FBI probe
said the career professionals at the bureau "will be angry and walk off
if no indictment recommendation is followed through."
At least 1,730 Clinton emails contain classified
information, and the rest held by the State Department must be released
by the end of the month based on a federal court imposed timetable.
One of the newly declassified 2012 emails sent four
days after the Benghazi terrorist attack, includes highly sensitive
information about the evacuation of Americans from Tunisia.
The email included a rare redaction for intelligence
called the B 1.4 (g) exception which pertains to “vulnerabilities or
capabilities” to “national security including defense against
transnational terrorism.”
The email chain was forwarded, on Sept. 16, 2012 at
8:12 a.m, from Clinton chief of staff Cheryl Mills' government account
to Clinton’s unsecured personal server. One of the emails early in the
chain was sent by Denis McDonough, then Deputy National Security
adviser. His address is redacted citing “unwarranted invasion of
personal privacy” and could also be a private account because other
government accounts on the email chain are not redacted.