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The decision to let Hillary Clinton off the hook for mishandling classified information has roiled the FBI and Department of Justice, with one person closely involved in the year-long probe telling Fox News that career agents and attorneys on the case unanimously believed the Democratic presidential nominee should have been charged.
FBI Director James Comey announced that he would not recommend to the Attorney General’s office that the former secretary of state be charged. This left members of the investigative team dismayed and disgusted. More than 100 FBI agents and analysts worked around the clock with six attorneys from the DOJ’s National Security Division, Counter Espionage Section, to investigate the case.
“No trial level attorney agreed, no agent working the case agreed, with the decision not to prosecute — it was a top-down decision,” said the source, whose identity and role in the case has been verified by FoxNews.com.
A high-ranking FBI official told Fox News that while it might not have been a unanimous decision, “It was unanimous that we all wanted her [Clinton’s] security clearance yanked.”
“It is safe to say the vast majority felt she should be prosecuted,” the senior FBI official told Fox News. “We were floored while listening to the FBI briefing because Comey laid it all out, and then said ‘but we are doing nothing,’ which made no sense to us.”
Andrew Napolitano, former judge and senior judicial analyst for Fox News Channel, said many law enforcement agents involved with the Clinton email investigation have similar beliefs.
“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,” said Napolitano. “They believe the decision not to prosecute came from The White House.”
The claim also is backed up by a report in the New York Post this week, which quotes a number of veteran FBI agents saying 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.”
“The FBI has politicized itself, and its reputation will suffer for a long time. I hold Director Comey responsible,” Dennis V. Hughes, the first chief of the FBI’s computer investigations unit, told the Post. Retired FBI agent Michael M. Biasello added to the report, saying, “Comey has singlehandedly ruined the reputation of the organization.”
Especially angering the team, which painstakingly pieced together deleted emails and interviewed witnesses to prove that sensitive information was left unprotected, was the fact that Comey based his decision on a conclusion that a recommendation to charge would not be followed by DOJ prosecutors, even though the bureau’s role was merely to advise, Fox News was told.
“Basically, James Comey hijacked the DOJ’s role by saying ‘no reasonable prosecutor would bring this case,’” the Fox News source said. “The FBI does not decide who to prosecute and when, that is the sole province of a prosecutor — that never happens.
“I know zero prosecutors in the DOJ’s National Security Division who would not have taken the case to a grand jury,” the source added. “One was never even convened.”
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