March 7, 2015—Mid-July 2016: Donations to a state senate election lead to potential conflicts of interests in three FBI investigations for a high-ranking FBI official.

The Clintons stand behind Terry McAuliffe during his inauguration as the Commonwealth of Virginia’s 72nd governor. (Credit: Patrick Semansky / The Associated Press)

Virginia Governor Terry McAuliffe is widely considered the best friend of Bill and Hillary Clinton, and was co-chair of one of Bill’s presidential campaigns and the chair of Hillary’s 2008 presidential campaign. In March 2016, McAuliffe says, “We’re best friends, I’ve been family friends with the Clinton’s for thirty years. It’s a great relationship, we vacationed together for years, we’re just very personal friends…” (The Valley’s Music Place, 3/31/2016)

On March 7, 2015, McAuliffe and other state Democratic Party leaders meet with Dr. Jill McCabe and persuade her to run for a state senator seat in Virginia. Dr. McCabe is a hospital physician who has never run for political office before. This has potentially larger political implications, because her husband is Andrew McCabe, an FBI official who runs the FBI’s Washington, DC, field office at the time.

Dr. Jill McCabe (Credit: Twitter)

Dr. Jill McCabe (Credit: Twitter)

FBI officials will later claim that after the March 7, 2015 meeting, Andrew McCabe seeks ethics advice from the FBI and follows it, avoiding involvement with public corruption cases in Virginia, and also avoiding any of his wife’s campaign activities or events.

Five days before Jill McCabe is asked to run, on March 2, 2015, the New York Times publicly reveals Clinton’s use of a private email address, and her use of a private email server is revealed two days later, starting a major and prolonged political controversy. Jill McCabe announces her candidacy on March 12, 2015.

On July 10, 2015, the FBI’s Clinton email investigation formally begins, although it may have informally begun earlier.

Andrew McCabe and Jill McCabe pose at a campaign event in 2015. (Credit: Sharyl Attkisson)

Andrew McCabe and Jill McCabe pose at a campaign event in 2015. (Credit: Sharyl Attkisson)

Andrew McCabe’s Washington, DC, field office provides personnel and resources to the investigation. At the end of July 2015, he is promoted to assistant deputy FBI director, the number three position in the FBI.

During the 2015 election season, McAuliffe’s political action committee (PAC) donates $467,500 to Jill McCabe’s campaign. Furthermore, the Virginia Democratic Party, ”over which Mr. McAuliffe exerts considerable control,” according to the Wall Street Journal, donates an additional $207,788 to her campaign. “That adds up to slightly more than $675,000 to her candidacy from entities either directly under Mr. McAuliffe’s control or strongly influenced by him.”

This represents more than a third of all the campaign funds McCabe raises in the election. She is the third-largest recipient of funds from McAuliffe’s PAC that year.

Virginia State Senator Dick Black (Credit: Twitter)

Virginia State Senator Dick Black (Credit: Twitter)

On November 3, 2015, Jill McCabe loses the election to incumbent Republican Dick Black. Once the campaign is over, “[Andrew] McCabe and FBI officials felt the potential conflict-of-interest issues ended,” according to the Journal.

In February 2016, Andrew McCabe is promoted to deputy FBI director, the second highest position in the FBI. In this role, he is part of the executive leadership team overseeing the Clinton email investigation, though FBI officials say any final decisions are made by FBI Director James Comey.

However, that is not the only potential conflict of interest. By February 2016, four FBI field offices are conducting investigations of the Clinton Foundation. McAuliffe was a Clinton Foundation board member until he resigned when he became the governor of Virginia in 2013. (The Wall Street Journal, 10/24/2016)

Also, at some point in 2015, if not earlier, the FBI begins conducting an investigation of McAuliffe. When the existence of this investigation is publicly leaked in May 2016, media reports suggest it may involve McAuliffe’s financial relationship with a Chinese businessperson who has donated millions to the foundation. It is also reported that investigators have looked at McAuliffe’s time as a board member of the Clinton Global Initiative (CGI), a yearly conference run by the Clinton Foundation.  (CNN, 5/24/2016)

Andrew McCabe (Credit: Getty Images)

Andrew McCabe (Credit: Getty Images)

In the spring of 2016, Andrew McCabe agrees to recuse himself from the McAuliffe investigation, due to McAuliffe’s donations to Jill McCabe’s election campaign. However, he doesn’t recuse himself from the Clinton Foundation investigation or the Clinton email investigation, despite McAuliffe’s close ties to Bill and Hillary Clinton. (The Wall Street Journal, 10/24/2016)

In mid-July 2016, the FBI seeks to reorganize the Clinton Foundation investigation. McCabe decides the FBI’s New York office should take the lead, while the Washington office that he formerly headed should take the lead with the McAuliffe investigation. The Journal will later report, “Within the FBI, the decision was viewed with skepticism by some, who felt the probe would be stronger if the foundation and McAuliffe matters were combined.” However, the decision is implemented.

McCabe also is involved in an effort to shut down the foundation investigation in August 2016, but his role is unclear.

In October 2016, McCabe’s potential conflicts of interest will be revealed by two Wall Street Journal articles. (The Wall Street Journal, 10/30/2016) In early November 2016, the Journal will report that “some [in the FBI] have blamed [McCabe], claiming he sought to stop agents from pursuing the [Clinton Foundation] case this summer. His defenders deny that, and say it was the Justice Department that kept pushing back on the investigation.” (The Wall Street Journal, 11/2/2016)

Around that time, James Kallstrom, the former head of the FBI’s New York office, will say of McCabe, “The guy has no common sense. He should be demoted and taken out of the chain of command.” (The American Spectator, 11/1/2016)

Shortly After July 10, 2015: Comey decides the FBI’s Clinton email investigation will be run from headquarters for greater secrecy, upsetting agents in New York.

A training session is held for FBI New York field agents. (Credit: public domain)

A training session is held for FBI New York field agents. (Credit: public domain)

According to CNN in November 2016, shortly after the FBI begins its Clinton email investigation on July 10, 2015, FBI Director James Comey decides to run the investigation from FBI headquarters in Washington, DC, instead of the New York office, which normally would be the proper jurisdiction, since the Clinton private email server had been located in Chappaqua, New York. CNN will report, “That decision anger[s] some in New York who thought it was headquarters’ interference into their case.”

Comey then mostly picks agents from the Washington, DC, field office to handle the investigation. He assigns the case “to the counterintelligence section, which investigates cases of alleged mishandling of classified information. It [gives] the added advantage of being a section with a reputation for few media leaks and being close enough for Comey to get personal almost-daily updates.”

Furthermore, all agents working on the case are required to sign an unusual non-disclosure agreement and also agree to be subject to random lie detector tests.

One unnamed senior official will later say, “We’re in the middle of one of the most vitriolic campaigns in American history, and we’re investigating one of the candidates for president. We had to get this right.” (CNN, 11/2/2016)

Mid-July 2016: The FBI reorganizes its Clinton Foundation investigation, despite the involvement of an FBI official with a potential conflict of interest.

On July 5, 2016, FBI Director James Comey announced that he would not recommend indicting anyone targeted in the FBI’s Clinton email investigation. That effectively closed the investigation. The FBI still has an ongoing investigation in the Clinton Foundation, with four FBI field offices taking part.

Andrew McCabe (Credit: public domain)

Andrew McCabe (Credit: public domain)

About one week after Comey’s announcement, the FBI seeks to refocus the Clinton Foundation investigation. Andrew McCabe is the associate deputy FBI director at the time, the number three position in the FBI, but by the end of the month he is promoted to deputy FBI director, the number two position. McCabe decides the FBI’s New York office will take the lead, with assistance from the Little Rock, Arkansas office.

The Washington field office will instead focus on an investigation involving Virginia Governor Terry McAuliffe (D). McAuliffe was a Clinton Foundation board member until he became governor in 2013, and some media reports indicate the investigation concerns a Chinese businessperson who donated millions of dollars to the foundation. McCabe recused himself from the McAuliffe investigation because political organizations linked to McAuliffe donated over $700,000 to the state senate election campaign of McCabe’s wife in 2015. However, McCabe does not recuse himself from the Clinton Foundation investigation.

According to the Journal, “Within the FBI, the decision was viewed with skepticism by some, who felt the probe would be stronger if the foundation and McAuliffe matters were combined. Others, particularly Justice Department anti-corruption prosecutors, felt that both probes were weak, based largely on publicly available information, and had found little that would merit expanded investigative authority.”

The Justice Department previously declined to empanel a grand jury for the foundation investigation, and still doesn’t give it the additional investigative powers that would come with grand jury backing. (The Wall Street Journal, 10/30/2016)

CNN will add that as part of the reorganization, agents in the Los Angeles, Little Rock, and Washington, DC. field offices, are told to turn over their files to the FBI New York office. “Agents were told to continue their work. But the order to the other field offices angered agents there.”

Additionally, during this meeting or in subsequent meetings over the next month, the New York office is told not to take any major steps in the investigation until after the US presidential election on November 8, 2016. CNN will report that “some agents [in New York] chafed at the decision that they had to sit and wait until after the election.” (CNN, 11/2/2016)

October 30, 2016: The Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, but the Justice Department hasn’t given it investigative powers.

Little Rock FBI Field Office (Credit: public domain)

Little Rock FBI Field Office (Credit: public domain)

In January 2016, Fox News reported that the FBI had an on-going investigation into the Clinton Foundation, but this generally wasn’t reported or discussed in other media outlets. In August 2016, the Daily Caller reported on the FBI’s Clinton Foundation investigation, but this also wasn’t generally reported otherwise. For instance, a CNN story that same month asserted the investigation didn’t exist.

On this day, the Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, and provides many new details about it. The investigation began some time before October 2015. By February 2016, four FBI field offices were collecting information about the foundation to see if there is evidence of financial crimes or influence-peddling:

  • The Los Angeles office developed an interest in the Clinton Foundation from an unrelated public-corruption case and has issued some subpoenas for bank records related to the foundation.
  • The Washington, DC, office is investigating financial relationships involving Virginia Governor Terry McAuliffe (D), who has been a Clinton Foundation board member.
  • The New York office has done the most work regarding the foundation.
  • The Little Rock, Arkansas, office has had some role, probably due to the Clintons’ ties in Arkansas, where Bill Clinton was governor.
The Jacob K. Javits Federal Building is home to the FBI field agents in New York, New York. (Credit: public domain)

FBI Field Office in New York, New York. (Credit: public domain)

In mid-July 2016, the New York office took charge of the investigation, with the Little Rock office providing assistance.

However, the Journal also reports that senior Justice Department officials have “repeatedly voiced skepticism of the strength of the evidence in [the FBI’s foundation investigation], sought to condense what was at times a sprawling cross-country effort, and, according to some people familiar with the matter, told agents to limit their pursuit of the case.”

Additionally, “Some investigators grew frustrated, viewing FBI leadership as uninterested in probing the charity, these people said. Others involved disagreed sharply, defending FBI bosses and saying [FBI Deputy Director Andrew] McCabe in particular was caught between an increasingly acrimonious fight for control between the Justice Department and FBI agents pursuing the Clinton Foundation case.”

In February 2016, FBI agents presented their evidence on the foundation to senior Justice Department officials. But those officials decided not to give the investigation the legal backing to convene a grand jury, which means investigators don’t have subpoena or search warrants power. However, the investigators have continued without that power, apparently collecting much of their evidence from publicly available information.

This situation has apparently continued ever since, with the investigation continuing but hobbled due to the lack of the legal powers given by a grand jury. According to the Journal paraphrasing an unnamed official, “the [New York] FBI office [is] eager to pour more resources into [the] case and Justice Department prosecutors [don’t] think much of the case…” (The Wall Street Journal, 10/30/2016)

FBI Miami Field Office (Credit: public domain)

FBI Miami Field Office (Credit: public domain)

Also on October 30, 2016, the Daily Caller will allege there is a fifth FBI field office – the Miami, Florida office – involved in the investigation.

Additionally, later on the same day, the Clinton Foundation denies knowledge of any government investigation targeting them.

However, the Washington Post confirms the Wall Street Journal’s claims. The Post emphasizes that the investigation has been blocked by the Justice Department’s public integrity section prosecutors, who are not politically appointed. (The Washington Post, 10/30/2016)

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: 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: 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)

November 3, 2016: It is alleged Comey told Congress about reopening the FBI’s Clinton investigation at least partially due to fears of leaks from the FBI’s New York office.

Reuters reports that FBI Director James Comey sent a letter to Congress on October 28, 2016, revealing that the Clinton email investigation was being reopened, at least partially due to fear of leaks from within the FBI.

A look inside the New York field agents office located in the Federal Plaza in NYNY. (Credit: public domain)

A look inside the FBI New York field office at the Federal Plaza in New York City. (Credit: public domain)

The investigation is being reopened due to new evidence discovered in an unrelated FBI investigation into sexual texts Anthony Weiner allegedly sent to a minor. Weiner is a former New York Congressperson and the estranged husband of Clinton aide Huma Abedin.

It is believed that the Weiner investigation is being conducted with the help of the FBI’s New York field office, which initially discovered the emails. Two unnamed law enforcement officials say that a faction of FBI agents in the New York office are believed to be hostile to Hillary Clinton, and have been known to leak information to the press.

These sources also say that the examination of new evidence – believed to be thousands of Abedin’s emails found on Weiner’s computer – is being conducted under very tight security at FBI headquarters in Washington, DC. (Reuters, 11/3/2016)