After an 18-month investigation
into the FBI and DOJ's Hillary Clinton probe, the highly anticipated
report from the Justice Department's Inspector General Michael Horowitz
is out. Here's a look at the three biggest takeaways.
Justice Department Inspector General Michael Horowitz's
bombshell report on DOJ and FBI actions
during the Hillary Clinton email probe takes particular aim at key
figures who, until now, have mostly escaped official censure for their
conduct while in office.
The DOJ watchdog reviewed a variety of critical
decisions over the course of the investigation -- including how
authorities conducted the summer 2016 interview with Clinton, and why
top FBI and DOJ officials with political connections didn't immediately
recuse themselves from the probe.
Horowtiz's report also outlines new information
concerning apparent bias at the FBI and DOJ that he says undermines the
public trust in each agency.
Some of the key takeaways from the report include:
1. New texts between FBI lovers Strzok and Page were
'disappointing' and cast a shadow over the integrity of the entire
Clinton email probe
A slew of anti-Trump text messages between special
counsel Lisa Page and FBI Deputy Assistant Director Peter Strzok damaged
the integrity of the entire Clinton email probe, Horowitz writes.
The report
unearths striking new messages
between the pair that were sent and received on government devices,
including one in which Strzok vows to "stop" Trump from being elected
just months before the presidential election.
On Aug. 8, 2016, the IG found, Page asked Strzok
“[Trump’s] not ever going to become president, right? Right?!” and
Strzok replied “No. No he won’t. We’ll stop it."
While Horowitz noted that there is no available
evidence that political considerations directly impacted investigative
decisions in the Clinton probe, and that Strzok was not the "sole"
decision maker on any key investigative actions, he concluded the
officials' behavior was still highly inappropriate.
FBI officials Peter Strzok and Lisa Page communicated at length about their disdain for President Trump during the probe.
(Official photo / File)
FBI LOVEBIRDS USED WORK PHONES TO HIDE THEIR AFFAIR, IG FINDS
"We recognize that these text and instant messages cast
a cloud over the FBI’s handling of the Midyear investigation and the
investigation’s credibility," the IG report said.
MYE, or "Midyear Exam," was the code used in the FBI to refer to the investigation into Clinton’s private email server.
Horowitz also published additional texts between the
lovers that he called "notable," including one in which Page admits the
two used their FBI phones to conceal their extramarital affair from
their spouses.
2. Five unnamed FBI employees -- including one
lawyer who later worked on the Mueller probe -- are under scrutiny for
anti-Trump bias
Strzok and Page are not the only FBI officials who
evidenced anti-Trump bias during the Clinton email probe, Horowitz noted
in the report.
The watchdog identified five
other unnamed individuals,
including two agents and one FBI attorney who worked on Special Counsel
Robert Mueller's Russia probe until earlier this year, who made
"statements of hostility toward then-candidate Trump and statements of
support for candidate Clinton," and improperly mixed "political
opinions" with case-related discussions.
"The damage caused by their actions ... goes to the
heart of the FBI’s reputation for neutral factfinding and political
independence."
"Instant messages exchanged between Agent 1, who was
one of the four Midyear case agents, and Agent 5, who was a member of
the filter team," as well as "instant messages sent by FBI Attorney 2,
who was assigned to the Midyear investigation," are specifically flagged
in the IG report.
UNNAMED AGENTS CALL TRUMP SUPPORTERS 'RETARDED,' MOCK 'DRUMPF' VOTERS
The filter team was assigned to review documents for potential privilege issues, such as attorney-client matters.
"We found that the conduct of these five FBI employees
brought discredit to themselves, sowed doubt about the FBI’s handling of
the Midyear investigation, and impacted the reputation of the FBI," the
IG said.
According to the IG report, one FBI attorney who was
later assigned to Mueller's Russia probe until earlier this year
messaged another colleague “Viva le resistance” after Trump's election.
The attorney acknowleged the message could create the "perception" of
bias.
Another unnamed agent called Trump supporters "retarded," according to the IG report.
Again, the IG report noted that it was unable to
connect the officials' apparent political bias to specific investigative
decisions. Nevertheless, the IG referred the five FBI officials for
further investigation.
3. President Obama was one of the 13 individuals with whom Hillary Clinton had direct contact using her clintonemail.com account
President Obama corresponded with Clinton on her private email server, analysts told the IG.
(Reuters)
In a footnote, the IG notes that "FBI analysts and
Prosecutor 2 told us that former President Barack Obama was one of the
13 individuals with whom Clinton had direct contact using her
clintonemail.com account."
The information would suggest that Obama may have known
about Clinton's private server, despite his claim in 2015 that he
learned about it "the same time everybody else learned it, through news
reports."
Obama's press secretary at the time quickly clarified
that the president was unaware of Clinton's use of a private server for
official business, even as he acknowledged that the two did exchange
emails and that Obama was aware of Clinton's email address.
But the IG report revealed that intelligence analysts
questioned whether Obama's correspondence with Clinton on her private
server contained classified information, before a formal classification
review determined that the emails did not. Obama used a fake name for
the communications.
Separately, the IG asked investigators why they made no
effort to obtain the personal devices that Clinton’s senior aides were
using at the State Department, since those devices were "potential
sources of Clinton's ... classified emails" or places where unauthorized
classified emails were being stored.
Investigators did not seek devices from Hillary Clinton's State Department coworkers, the IG found.
(AP)
In response, officials on the probe claimed that "the
culture of mishandling classified information at the State Department"
was so pervasive that it "made the quantity of potential sources of
evidence particularly vast" -- a rationale that the IG implied was
unconvincing, because investigators could simply have obtained personal
devices for a handful of key Clinton aides.
Investigators also claimed the State Department would
be the better agency to handle that kind of deep dive into Clinton's
emails.
In the end, Horowitz concluded that the issue was a
"judgment call" and that there was no evidence improper political
considerations influenced investigators' decisions.
4. Despite Clinton connections, former Assistant
Attorney General Peter Kadzik and former Deputy Director Andrew McCabe
didn't fully recuse themselves
The IG report focused on two top investigative
officials' connections to Clinton: ex-Deputy FBI Director Andrew McCabe
and former Assistant Attorney General Peter Kadzik.
Former FBI Deputy Director Andrew McCabe's wife had
connections to top Democrats during the Clinton probe, and a better
system might have brought his conflicts to light earlier, the IG found.
(AP)
Kadzik exercised "poor judgment" by failing to
immediately recuse himself as the Clinton probe unfolded, even after he
sought employment for his son at her campaign, the watchdog wrote.
Additionally, Kadzik's decision to provide Clinton
campaign chair John Podesta the schedule for a court-ordered release of
some of Clinton's emails "raised a reasonable question about his ability
to act impartially on Clinton-related matters in connection with his
official duties" -- even though it later became clear the information
was public.
FBI AGENTS RECEIVED 'IMPROPER' GIFTS FROM REPORTERS, LEAKED FROM PHONES IN FBI HQ, IG FINDS
Horowitz also noted that Kadzik didn't fully honor his supposed recusal in November 2016.
"Though Kadzik said he told his deputies ... that he
was recused, emails show that Kadzik subsequently sent and received
emails about Clinton-related matters," Horowitz wrote.
Meanwhile, McCabe, whose wife Jill has ties to
then-Democratic Gov. Terry McAuliffe and unsuccessfully sought a state
Senate seat in Virginia in 2015 as a Democrat, was not obligated to
recuse himself during the probe, the IG report found.
5. 'Insubordinate' Ex-FBI Director James Comey
repeatedly violated policy and inaccurately described the legal
situation surrounding Clinton's emails
Former FBI Director James Comey had an apparently
strong desire to avoid confronting authority figures with his concerns
about their behavior, even as he nurtured a habit of going around the
chain of command and violating long-standing departmental policies, the
IG report found.
In testimony before Congress and elsewhere, for
example, Comey claimed that he had been pressured by former Obama
Attorney General Loretta Lynch to call the Clinton investigation a
"matter" in 2015, rather than an investigation.
But Horowitz noted that others present who heard
Lynch's instruction did not interpret her as trying to downplay the
investigation, but instead to standardize language for personnel
purposes. Perhaps more significantly, the IG report found that Comey
seemed to have kept his concerns entirely to himself.
COMEY USED PERSONAL EMAIL ACCOUNT TO CONDUCT OFFICIAL BUSINESS, IG FINDS
Comey, whom President Trump has called a "slimeball,"
also failed to act appropriately on his concerns about the infamous
airport tarmac meeting between Lynch and former President Bill Clinton
in the waning days of the email probe, according to Horowitz.
But the IG's most substantial criticisms of Comey
centered around his decision to stage a dramatic news conference in the
summer of 2016, in which he announced that "no reasonable prosecutor"
would bring criminal charges against Hillary Clinton, even as he
acknowledged she had been "extremely careless" in her handling of
classified information."
"Comey’s unilateral announcement was inconsistent with
Department policy, usurped the authority of Attorney General, and did
not accurately describe the legal position of the Department
prosecutors," the IG report said.
The ex-FBI director made a similarly "serious error in
judgment" by sending a letter to Congress announcing the reopening of
the Clinton probe just days before the 2016 presidential election,
according to the report.
"We found that it was extraordinary and insubordinate
for Comey to conceal his intentions from his superiors, the Attorney
General and Deputy Attorney General, for the admitted purpose of
preventing them from telling him not to make the statement, and to
instruct his subordinates in the FBI to do the same."
The rebuke was a particularly scathing one for Comey,
who has cultivated his image as a responsible and strong leader since
leaving office.
6. Former Obama Attorney General Loretta Lynch made errors in judgment during the Clinton probe
Horowitz also charged that Lynch similarly made multiple errors in judgment during the probe.
The DOJ watchdog was especially critical not just of
Lynch's decision to hold court with the president on the Phoenix tarmac,
but also her decision to retain involvement in the probe despite the
appearance of bias.
"Although we found no evidence that Lynch and former
President Clinton discussed the Midyear investigation or engaged in
other inappropriate discussion during their tarmac meeting on June 27,
2016, we also found that Lynch’s failure to recognize the appearance
problem created by former President Clinton’s visit and to take action
to cut the visit short was an error in judgment," the IG wrote.
7. FBI agents' actions surrounding the DOJ/FBI interview of Hillary Clinton were 'inappropriate' and created appearance of bias
Lisa Page, the special counsel to the deputy director
of the FBI, sent messages to Strzok, McCabe, and another FBI employee
suggesting that the agency limit the number of people attending the
critical in-person interview with Clinton as the investigation wrapped
up, the IG report said.
Page's chief consideration was that Clinton would be
angry at the FBI upon becoming president, which the IG flags as an
"inappropriate" consideration.
“[S]he might be our next president," Page wrote, in
urging that the number of people at the interview be limited to four or
six. "The last thing you need us going in there loaded for bear. You
think she’s going to remember or care that it was more doj than fbi?”
LAWMAKERS FROM BOTH PARTIES SLAM FBI AFTER IG REPORT RELEASED
While the IG report found that Page's text did not
appear to influence the number of attendees at the Clinton interview,
since eight officials attended from the FBI and DOJ, the report
nonetheless said her considerations were improperly political.
"Suggesting that investigative decisions be based on
this consideration was inappropriate and created an appearance of bias,"
the IG wrote.
Additionally, the IG notes that it was "inconsistent
with typical investigative strategy" for the FBI to allow former Clinton
chief of staff Cheryl Mills and ex-campaign staffer Heather Samuelson
to sit in on the Clinton interview.
"We questioned why the Department and FBI allowed Mills
and Samuelson, two percipient witnesses (one of whom, Mills, herself
had classified information transit through her unclassified personal
email account) attend Clinton’s interview, even if they had also both
served as lawyers for Clinton after they left the State Department," the
IG wrote.
While the report does not definitively find that
political bias motivated the decision to allow Mills and Samuelson in
the interview, "it recommends improvements to the DOJ and FBI's handling
of similar situations in the future.
"[T]here are serious potential ramifications when one witness attends another witness’s interview," the IG notes.
Gregg Re is an editor for Fox News. Follow him on Twitter
@gregg_re.