November 2, 2016: It is revealed that the FBI and Justice Department agreed not to have grand jury subpoenas for the Clinton email investigation, arguing that would lead to a faster conclusion.

CNN reports, “During the Clinton email server investigation, investigators and prosecutors debated whether to issue subpoenas to Clinton’s aides, officials say. Leaders at the FBI and at the Justice Department thought it would be faster to come to voluntary agreements with aides. Subpoenas could cause delays, particularly if litigation is necessary, officials said. And the FBI and Justice Department wanted to try to complete the probe and get out of the way of the 2016 election.”

Presumably this meant it was agreed not to get Justice Department approval to empanel a grand jury, because an FBI investigation cannot issue subpoenas without the legal authority of a grand jury.  (CNN, 11/2/2016)

Two days earlier, Senator Charles Grassley (R) sent FBI Director James Comey a letter asking for an official answer regarding this issue. Comey hinted in September 2016 that he didn’t seek a grand jury in the interest of quickly concluding the investigation.

November 2, 2016: FBI agents felt “handcuffed” over what they could do in the FBI’s Clinton email investigation.

The Washington Examiner reports claims to have heard from two anonymous FBI agents. “One source with knowledge of the investigation told the Examiner this week that agents felt gratified both by Comey’s public statement on the investigation and their early findings from the new Clinton-related emails. A second source confirmed that agents, at times, felt ‘handcuffed’ during the initial investigation into Clinton’s private server in terms of what investigative steps they could take.”

The Examiner notes that this is part of a trend of “more than a dozen current and former agents [who] have spoken anonymously to multiple media outlets over the past week, including to the Examiner. Agents are frequently complaining about how FBI Director James Comey handled the FBI Clinton email investigation, as well as facing obstruction from the Justice Department. (The Washington Examiner, 11/2/2016)

November 2, 2016: Fox News claims the FBI’s Clinton Foundation investigation is “a very high priority,” and it is “likely” it could eventually lead to an indictment.

Bret Baier appears on Brit Hume's show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Bret Baier appears on Brit Hume’s show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Fox News reports that the FBI’s Clinton Foundation has now taken a “very high priority.” This is according to unnamed “separate sources with intimate knowledge of the probe.”

The FBI had already collected a great deal of evidence and interviewed and re-interviewed multiple people. But in recent weeks, emails released on a daily basis by WikiLeaks, plus occasional Freedom of Information Act (FOIA) email releases, have provided many more leads. One source says, “There is an avalanche of new information coming in every day.”

FBI agents are “actively and aggressively pursuing this case.” Due to all the new information, agents will be re-interviewing many people again, some for the third time. Agents are also double checking the FBI interview summaries (known as “302’s”) of Clinton and her top aides, to make sure their answers jibe with all the new information.

The FBI’s White Collar Crime Division is handling the investigation. (Fox News, 11/2/2016)

Fox News journalist Bret Baier claims that he spoke to the sources, and they told him that it is “likely” the investigation will eventually result in an indictment or indictments, “barring some obstruction in some way” from the Justice Department. (Real Clear Politics, 11/2/2016)

The next day, Baier modifies his claim about an indictment being likely. “I want to be clear about this, and this came from a Q and A that I did with Brit Hume after my show and after we went through everything. He asked me if, after the election, if Hillary Clinton wins, will this investigation continue, and I said, ‘yes absolutely.’ I pressed the sources again and again what would happen. I got to the end of that and said, ‘they have a lot of evidence that would, likely lead to an indictment.’ But that’s not, that’s inartfully answered. That’s not the process. That’s not how you do it. You have to have a prosecutor. If they don’t move forward with a prosecutor with the [Justice Department], there would be, I’m told, a very public call for an independent prosecutor to move forward. There is confidence in the evidence, but for me to phrase it like I did, of course that got picked up everywhere, but the process is different than that.” (Fox News, 11/3/2016)

November 2, 2016: The FBI allegedly has not destroyed the laptops of two Clinton aides, and their immunity deals may have been voided.

In October 2016, it was reported that Clinton’s aides Cheryl Mills and Heather Samuelson got immunity deals in return for their cooperation in the FBI’s Clinton email investigation, and in return for turning over their computer laptops, the FBI promised to destroy those laptops after analyzing the data on them.

However, on this day, Fox News reporter Bret Baier claims, “As a result of the limited immunity deals to top aides, including Cheryl Mills and Heather Samuelson, the Justice Department had tentatively agreed that the FBI would destroy those laptops after a narrow review. We are told definitively that has not happened. Those devices are currently in the FBI field office here in Washington, DC, and are being exploited. The source points out that any immunity deal is null and void if any subject lied at any point in the investigation.” (Real Clear Politics, 11/2/2016)

November 2, 2016: It is alleged there is 99% certainty that Clinton’s private server was hacked by at least five foreign intelligence agencies.

Bret Baier (Credit: public domain)

Bret Baier (Credit: public domain)

During a story about new developments in the FBI’s Clinton Foundation investigation, Fox News journalist Bret Baier claims that his sources also say the FBI has a greater than 99 percent confidence that Clinton’s private email server was hacked by at least five foreign intelligence agencies. Also, information had been successfully taken from the server.

However, further details, such as which five countries these are, what information was taken, or how the FBI has learned this, are not mentioned. (Real Clear Politics, 11/2/2016)

On July 5, 2016, FBI Director James Comey said there was no “direct evidence” Clinton’s email account had been successfully hacked. But the next day, the New York Times reported that “both private experts and federal investigators immediately understood his meaning: It very likely had been breached, but the intruders were far too skilled to leave evidence of their work.”

November 2, 2016: Suspicions of partisan political decisions has been causing increasing conflict within both the FBI and Justice Department, as well as between them.

CNN publishes a front-page article with the title “Turmoil in the FBI,” which is based on interviews with more than a dozen anonymous government officials close to the FBI’s Clinton email investigation. It states that since the investigation began in July 2015, “infighting among some agents and officials has exposed some parts of the storied [FBI] to be buffeted by some of the same bitter [political] divisions as the rest of American society.”

Loretta Lynch (Credit: ABC News)

Loretta Lynch (Credit: ABC News)

CNN alleges, “Some of the sharpest divides have emerged between some agents in the FBI’s New York field office, the bureau’s largest and highest-profile, and officials at FBI headquarters in Washington and at the Justice Department. Some rank-and-file agents interpreted cautious steps taken by the Justice Department and FBI headquarters as being done for political reasons or to protect a powerful political figure [Clinton]. At headquarters, some have viewed the actions and complaints of some agents in the field as driven by the common desire of investigators to get a big case or, perhaps worst, because of partisan views.”

The tensions are said to have “multiplied” since FBI Director James Comey announced in July 2016 that he would not recommend indicting Clinton. In addition to increasing conflicts within the FBI, his announcement “also opened up sharp divides between Justice [Department] and FBI officials, and even within the Justice Department itself, where some officials have pushed for Attorney General Loretta Lynch to more forcefully assert her power over the FBI.”

The tensions in the Clinton email investigation have been duplicated by the Clinton Foundation investigation, with some FBI agents again frustrated at what they consider political obstructionism from FBI leaders and the Justice Department to protect Clinton. That has also led to friction between FBI headquarters and the New York field office.

Since then, conflicts have increased still more due to the reopening of the FBI’s Clinton email investigation on October 28, 2016. Potentially relevant evidence was discovered on the computer of Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin, shortly after October 3, 2016. “The longer it took for officials at FBI headquarters and at the Justice Department to decide how to proceed with the matter, the more conspiracies spread among some agents that perhaps senior FBI officials were trying to cover up the matter.”

Rick DesLauriers (Credit: Jessica Rinaldi / Reuters)

Rick DesLauriers (Credit: Jessica Rinaldi / Reuters)

One unnamed “senior law enforcement official” says, “It’s the times we are living in. No one has emerged from this election unscathed.”

Rick DesLauriers, who was head of the FBI’s Boston field office until he retired three years ago, says, “Politics is running rampant. Passions are high.” He adds that “[Comey] made a decision that angered Republicans in July [2016] and one that angered Democrats in October [2016]. That’s a pretty good indication he’s nonpartisan.”

CNN also notes that “Some of the tensions are built-in because of the FBI’s unique position as part of the Justice Department but also projecting a large measure of independence. The FBI director’s job has a 10-year tenure, spanning presidential administrations, while his bosses at the Justice Department are politically appointed and they leave when the administration ends.” (CNN, 11/2/2016)