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GaryTaylor
Guest
“I could easily envision a scenario in which the FBI concludes there is enough evidence to make a case, but the DOJ prosecutors decide that the case is too weak to risk the legal precedent,” Bradley Moss, a lawyer who handles national security and secrecy issues, wrote in an email to The Hill.
“The DOJ career prosecutors are truly the ones who are under the microscope at this point.”
In the federal case against former CIA Director David Petraeus last year, FBI officials reportedly pushed for him to be indicted on felony charges, but then-Attorney General Eric Holder downgraded them to misdemeanors.
Yet Comey is no shrinking violet. If he is ultimately overruled by officials within the Justice Department, that is unlikely to remain a secret.
Potentially incriminating news has “a way of getting out,” said Whitaker.
“I would imagine ultimately we will know how the investigation was conducted or whether there was interference from the political folks at the Department of Justice,” he added.
thehill.com/policy/national-security/286349-fbi-director-takes-center-stage-in-clinton-email-case“But I don’t know whether it will be in time to have an impact in an election year.”