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)

Spring 2016: FBI and Justice Department officials consider opening a specific corruption case regarding the Clinton Foundation, but decide not to do so.

160401ClintonMcAuliffePaulJRichardsAFPGetty

Clinton appears with Governor Terry McAuliffe during a campaign rally on February 29, 2016 in Fairfax, Virginia. (Credit: Paul J. Richards / Agence France Presse / Getty Images)

According to CNN in August 2016, some time around the spring of 2016, the FBI receives a notice from a bank of suspicious activity from an unnamed foreigner who had donated to the Clinton Foundation. Three FBI field offices come to an agreement that an investigation regarding this activity should be started. However, during a meeting between the FBI and the Justice Department, it is decided not to pursue an investigation. According to CNN, Justice officials are concerned the request seems more political than substantive, especially given that Hillary Clinton is running for president at the time, and they are against opening an investigation, so it is not pursued.

However, at least one other Clinton Foundation investigation raised at that same meeting does continue – an FBI investigation into Virginia Governor Terry McAuliffe (D) and his ties to a Clinton Foundation donor. (CNN, 8/11/2016)

May 23, 2016: The FBI is investigating the governor of Virginia, including his time as a board member of the CGI.

Governor Terry McAuliffe (Credit: public domain)

Governor Terry McAuliffe (Credit: public domain)

CNN reports, “Virginia Democratic Governor Terry McAuliffe is the subject of an ongoing investigation by the FBI and prosecutors from the Justice Department’s Public Integrity Section, US officials briefed on the probe say. […] [I]nvestigators have scrutinized McAuliffe’s time as a board member of the Clinton Global Initiative [CGI],” a yearly conference run by the Clinton Foundation. There is no allegation that the foundation did anything wrong.

The investigation is particularly focused on a $120,000 donation by Wang Wenliang through his US businesses to McAuliffe’s campaign for governor. Wang is a Chinese citizen and used to be a delegate to China’s National People’s Congress. However, he holds permanent resident status in the US, and is therefore eligible to donate to political campaigns, so it’s not clear what the alleged wrongdoing is. Wang has also given $2 million to the Clinton Foundation, as well as other major donations to other US-based charities. (CNN, 5/23/2016)

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)

August 11, 2016: According the Daily Caller, the FBI is pursuing multiple investigations regarding possible corruption related to the Clinton Foundation.

Additionally, various US Attorney offices in different states are giving assistance. This is according to an unnamed “former official who has direct knowledge” of the investigations. The main investigation is said to be based in New York, which is where the Clinton Foundation is headquartered.

160811PreetBhararaRUmarAbbasiWireImage

Preet Bharara, US attorney for the Southern District of New York. (Credit: R. Umar Abbasi / Wire Image)

This is being led by Preet Bharara, the US attorney for the Southern District of New York. The source says that Bharara and his office “would be seen by [FBI] agents as a positive development, as prosecutors there are generally thought to be more aggressive than the career lawyers within the [Justice Department].” The office has specialized in large-scale, sophisticated financial frauds. By contrast, the FBI investigation of Clinton’s private email server while she was secretary of state was conducted by FBI headquarters without the involvement of state US Attorneys. (The Daily Caller, 8/11/2016)

It is known that one FBI investigation regarding the Clinton Foundation relates to Virginia Governor Terry McAuliffe (D) and his ties to a Clinton Foundation donor. The Daily Caller report comes hours after an CNN report talking about a failed attempt to start a different Clinton Foundation-related investigation, and makes clear that is not what they are referring to. (CNN, 8/11/2016)

In October 2016, the Wall Street Journal will confirm the existence of an FBI Clinton Foundation investigation, which has been on-going since 2015.