DoJ IG Report: 'Lack of Candor' Will Save Hillary Clinton

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SEE FULL DoJ IG REPORT HERE…….

 

LACK OF CANDOR (FBI OFFENSE CODE 2.6)

 

“In response to his review of a draft of this report, counsel for McCabe argued that the OIG failed to satisfy the elements of FBI Offense Code 2.5, because McCabe’s statements to then-Director Comey were part of a “casual interaction” and not as the result of “an interaction in which a supervisor was formally questioning an employee regarding his conduct.” We disagree. Comey’s testimony was that McCabe conveyed to Comey, in some form or fashion, that it was not McCabe who had disclosed to the WSJ the August 12 PADAG call confirming the existence of the previously unconfirmed CF Investigation. The OIG does not accept that the FBI’s Offense Code tolerates its Deputy Director’s deceptive statements to the Director on an issue of importance to the Director and the FBI because the Deputy Director’s lack of candor occurred in the context of a work conversation with the Director as opposed to “formal questioning.” In addition, although Offense Code 2.5 (Lack of Candor – No Oath) subjects employees to discipline for “[k]nowingly providing false information when making a verbal or written statement, not under oath, to a supervisor, . . . when the employee is questioned about his conduct or the conduct of another person,” the FBI’s Office of Professional Responsibility has previously taken the position in litigation that, “lack of candor is the generic term which has historically been used in FBI discipline which in its literal meaning means lack of forthrightness[.] . . . It can mean . . . lying to a supervisor, not under oath, about work performance.”

 

See Ludlum v.Department of Justice, 278 F.3d 1280, 1284 (Fed. Cir. 2002).

 

Compare

FBI Offense Codes 2.10, 2.11 (identifying misconduct relating to employee behavior in a formal “administrative matter,” defined to include “internal disciplinary investigations, OIG investigations, OPR adjudications, or EEO Matters,” as distinguished from the broader “question[ing] about his conduct or the conduct of another person” in Offense Code 2.5). Moreover, the Preamble to the FBI’s Offense Codes and Penalty Guidelines Governing FBI’s Internal Disciplinary Process (Preamble) indicates that the Offense Codes and Penalty Guidelines “provide general categories of misconduct for which employees may be disciplined” and, further, stresses the “heightened behavioral and managerial expectations associated with SES personnel.” Preamble at 2, 4. Accordingly, the OIG stands by its finding that McCabe lacked candor with the Director under Offense Code 2.5 and is subject to disciplinary action for such misconduct.

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From The Desk of Capt. Dave Bertrand (Ret.) Int’l Airline Freight Captain on the DC-8 stretch jet / B-727 series 200 jet & First Officer DC-6 prop & DC-10 wide-body jet), 72′ to 76′ U.S. Army Veteran (Military Police) ‘Comms Sergeant’ (Korea), Law Enforcement (State), DHS Trained Counter-Terrorism Instructor for HWW, Border Security Specialist, Political Analyst and Activist to help “Make America Great Again” while exposing the “Deep State” shadow government enemy.