October 6, 2016: FBI insiders are highly critical of Comey’s handling of the Clinton email investigation.

A New York Post article claims that “[v]eteran FBI agents say FBI Director James Comey has permanently damaged the bureau’s reputation for uncompromising investigations with his ‘cowardly’ whitewash of former Secretary of State Hillary Clinton’s mishandling of classified information using an unauthorized private email server.”

Dennis Hughes, a retired head of the FBI’s computer investigations unit, is critical that the FBI agreed to certain ground rules in some key interviews. For instance, certain topics were deemed off limits when Cheryl Mills was interviewed. Hughes says, “In my 25 years with the bureau, I never had any ground rules in my interviews.” He also comments about the investigation in general, “The FBI has politicized itself, and its reputation will suffer for a long time. I hold Director Comey responsible.”

Retired FBI agent Michael Biasello says, “Comey has single-handedly ruined the reputation of the organization.” He also says the special treatment given Clinton and her aides was “unprecedented, which is another way of saying this outcome was by design.” He calls Comey’s decision not to recommend any indictment “cowardly.”

Biasello further comments, “Each month for 27 years, I received oral and computer admonishments concerning the proper protocol for handling top secret and other classified material, and was informed of the harsh penalties, to include prosecution and incarceration,” for mishandling such material. “Had myself or my colleagues engaged in behavior of the magnitude of Hillary Clinton, as described by Comey, we would be serving time in Leavenworth.”

I.C. Smith (Credit: public domain)

I.C. Smith (Credit: public domain)

I. C. Smith worked at FBI headquarters as a section head in the National Security Division, then was head of the FBI office in Little Rock, Arkansas. He says, “FBI agents upset with Comey’s decision have every reason to feel that way. Clearly, there was a different standard applied to Clinton.”

He adds, “I have no doubt resourceful prosecutors and FBI agents could have come up with some charge that she would have been subject to prosecution. What she did is absolutely abhorrent for anyone who has access to classified information.” He suggests that Congress should subpoena agents to testify about the directions given by Comey and their supervisors. “It would be interesting to see what the results would be if those involved with the investigation were questioned under oath.”

The 25 or so agents who worked on the case cannot make any public comments, even anonymously, because they were forced to sign nondisclosure agreements and take lie detector tests. But other active agents are critical. For instance, an unnamed FBI agent still working in the Washington field office says, “The director is giving the bureau a bad rap with all the gaps in the investigation. There’s a perception that the FBI has been politicized and let down the country.” (The New York Post, 10/6/2016)

October 11, 2016: Twenty-three former Republican Justice Department officials criticize Trump for threatening Clinton with jail.

During the second general election presidential debate in St. Louis, Donald Trump tells Hillary Clinton “you’ll be in jail” if he wins the presidency. The threat has prompted a group of Republican former Justice Department officials to call for Trumps defeat in November 2016.

Donald I. Baker (Credit: George Washington University)

Donald I. Baker (Credit: George Washington University)

Donald Ayer, who served as deputy attorney general under George H. W. Bush, and Donald I. Baker, assistant attorney general for the antitrust division under Gerald Ford, organized the statement. It is signed by 23 former officials served under five Republican presidents from Richard Nixon to George W. Bush, and claims, “None of us will vote for Mr. Trump and all believe he must be defeated at the polls.”

The statement reads: “We believe that Donald Trump’s impulsive treatment, flair for controversy, vindictive approach to his opponents and alarming views outside the constitutional mainstream ill suit him to oversee the execution of the laws in a fair and evenhanded manner.”

The former officials say Trump’s threats are “shockingly contrary to the premises of our democracy, and conjures up images of foreign police states.” Trump’s “every word seems calculated to create an atmosphere of arbitrariness and unpredictability much better suited to an authoritarian regime.”

William Ruckelshaus (Credit: Energy Foundation)

William Ruckelshaus (Credit: Energy Foundation)

The Wall Street Journal writes, “One notable signer is former Deputy Attorney General William Ruckelshaus, who, along with the late Attorney General Elliot Richardson, resigned in 1973 rather than carry out President Nixon’s order to fire Watergate special prosecutor Archibald Cox in an episode known as the Saturday Night Massacre.”

The letter also condemns Trump for proposing to re-institute waterboarding and inflict other forms of torture on enemy prisoners and to kill the families of terrorists, saying those demonstrate his “basic ignorance of the facts as well as the role of our legal system in the fight against terror.” (Wall Street Journal, 10/11/2016)

October 12, 2016: An unnamed high-ranking FBI official claims that the “vast majority” of agents working on the FBI’s Clinton email investigation believe Clinton should have been indicted.

The “high-ranking FBI official” speaks to Fox News on the condition of anonymity, but the person’s “identity and role in the case has been verified by FoxNews.com.” According to this source, “No trial level attorney agreed, no agent working the case agreed, with the decision not to prosecute” anyone in the investigation at all, but “it was a top-down decision” by FBI Director James Comey.

The source says that when it came to Clinton specifically, “It is safe to say the vast majority felt she should be prosecuted. We were floored while listening to the FBI briefing [on July 5, 2016] because Comey laid it all out, and then said ‘but we are doing nothing,’ which made no sense to us.” And while it might not have been a totally unanimous decision to recommend Clinton’s indictment, “It was unanimous that we all wanted her [Clinton’s] security clearance yanked.” However, even that never happened, despite it being standard procedure in similar cases.

The source adds that FBI agents were particularly upset that Comey unilaterally made the decision not to indict when the FBI’s role is merely to present an investigative report to the Justice Department. “Basically, James Comey hijacked the [Justice Department]’s role by saying ‘no reasonable prosecutor would bring this case.’ The FBI does not decide who to prosecute and when, that is the sole province of a prosecutor. … I know zero prosecutors in the [Justice Department]’s National Security Division who would not have taken the case to a grand jury. One was never even convened.” Without a grand jury, FBI agents were not allowed to issue subpoenas or search warrants and could only request evidence and interviews.

The source also complains that the FBI required its agents and analysts involved in the investigation to sign non-disclosure agreements. “This is unheard of, because of the stifling nature it has on the investigative process.”

Furthermore, immunity deals were made with five key figures in the investigation: Cheryl Mills, Bryan Pagliano, Paul Combetta, John Bentel, and Heather Samuelson. The source says none of them should have been granted immunity if no charges were being brought. “[Immunity] is issued because you know someone possesses evidence you need to charge the target, and you almost always know what it is they possess. That’s why you give immunity. … Mills and Samuelson receiving immunity with the agreement their laptops would be destroyed by the FBI afterwards is, in itself, illegal. We know those laptops contained classified information. That’s also illegal, and they got a pass.”

Additionally, “Mills was allowed to sit in on the interview of Clinton as her lawyer. That’s absurd. Someone who is supposedly cooperating against the target of an investigation [being] permitted to sit by the target as counsel violates any semblance of ethical responsibility.”

The source also comments, “Every agent and attorney I have spoken to is embarrassed and has lost total respect for James Comey and [Attorney General] Loretta Lynch. The bar for [the Justice Department] is whether the evidence supports a case for charges — it did here. It should have been taken to the grand jury.”

Finally, the source claims that many in the FBI and the Justice Department believe Comey and Lynch were motivated by ambition instead of justice. “Loretta Lynch simply wants to stay on as attorney general under Clinton, so there is no way she would indict. James Comey thought his position [heavily criticizing Clinton even as he decides against indicting her] gave himself cover to remain on as director regardless of who wins.”

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano, a former judge and judicial analyst for Fox News, also claims to know of many law enforcement agents involved with the Clinton email investigation who have similar beliefs. He says, “It is well known that the FBI agents on the ground, the human beings who did the investigative work, had built an extremely strong case against Hillary Clinton and were furious when the case did not move forward. They believe the decision not to prosecute came from the White House.” (Fox News, 10/12/2016)

The next day, Malia Zimmerman, a co-writer of the article, is questioned on Fox News television. She claims that she has been speaking to other disgruntled FBI agents as well. “They’re saying that the morale is very low and that a lot of them are looking for other jobs. They’re very disappointed. They feel like the agency has been polluted… and they’re embarrassed. They feel like they’ve been betrayed.”

She adds that some of her sources might be willing to speak on the record if they retire or change jobs, which some of them are in the process of doing. But they are currently worried about retaliation. “There are a lot of disgruntled agents, analysts, and [Justice Department] attorneys as well.” These people feel Clinton could have been charged for various reasons, but her 22 “top secret” emails made the most compelling case. (Fox News, 10/13/2016)