As I’ve previously explained, the FBI has no authority to convene a grand jury. That is up to the Justice Department. In this case, there was no way the Obama Justice Department was going to indict Mrs. Clinton, so it clearly resisted convening a grand jury. Doing so would have underscored the gravity of offenses that the Justice Department was working energetically, and in conjunction with Team Clinton’s lawyers, to downplay.
That is how Ms. Mills ended up in the room for Mrs. Clinton’s interview as a lawyer, after having been in the interview room herself as a subject of the same investigation.
Another funny thing about that. I mentioned that Clinton had a battalion of lawyers. They included her primary lawyers from Williams & Connolly, among the finest criminal-defense attorneys in the country. Since she had plenty of top-notch representation, she certainly did not need Cheryl Mills as a lawyer. Besides, Ms. Mills does not appear to have been practicing much law at the time. She had not functioned as a lawyer in her years as Clinton’s top staffer at the State Department. It appears that, on leaving State with Clinton, she spent her time, apart from sitting on the board of the Clinton Foundation (the Hillary campaign in waiting), running the BlackIvy Group, a development company that builds business enterprises in Africa.
I don’t mean to imply that Ms. Mills is anything but an able lawyer. I’m just suggesting that she doesn’t seem to have been someone you’d have called in 2014 if, like Hillary Clinton, you’d gotten jammed up in a criminal investigation. That’s what you call Williams & Connolly for.
But you might call Cheryl Mills, who was right by your side at the State Department while you were doing those things that got you jammed up, if your goal was to envelop those things in an obstructive fog of purported attorney-client privilege.