February 2016—Early November 2016: It is alleged that a US attorney has increased tensions between the FBI and Justice Department over the FBI’s Clinton Foundation investigation.

On November 2, 2016, the Wall Street Journal will report, “Starting in February [2016] and continuing today, investigators from the Federal Bureau of Investigation and public-corruption prosecutors [at the Justice Department] became increasingly frustrated with each other, as often happens within and between departments. At the center of the tension stood [the US attorney for the Eastern District of New York], Robert Capers, who some at the FBI came to view as exacerbating the problems by telling each side what it wanted to hear…”

Robert Capers (Credit: public domain)

Robert Capers (Credit: public domain)

In February 2016, there is a key meeting in which FBI investigators presented their evidence to Justice Department officials, hoping to be granted additional powers so they could conduct a more vigorous investigation. But the department officials turned them down, claiming that their case was weak.

The stances in the FBI and Justice Department would essentially remain unchanged through late October 2016, when the conflict would erupt into public view due to a series of leaks.

The Journal will report, “At times, people on both sides of the dispute thought Mr. Capers agreed with them. Defenders of Mr. Capers said he was straightforward and always told people he thought the case wasn’t strong. … In subsequent conversations with the Justice Department, Mr. Capers told officials in Washington that the FBI agents on the case ‘won’t let it go…'”

However, Capers is not the only official singled out for blame in public leaks. The Journal will also report that “some have blamed the FBI’s No. 2 official, Deputy Director Andrew McCabe, claiming he sought to stop agents from pursuing the case this summer. His defenders deny that, and say it was the Justice Department that kept pushing back on the investigation.” McCabe has been criticized for a conflict of interest that could make him biased in favor of the foundation, but he has refused to recuse himself from the foundation investigation.

In August 2016, the FBI and Justice Department agree to delay major decisions in the investigation until after the presidential election on November 8, 2016. However, multiple leaks to the media show that tensions remain high in the conflict. (The Wall Street Journal, 11/2/2016)