This sensible process was thrown into disarray when former President Bill Clinton made a surprise airport tarmac visit to none other than the sitting attorney general, Loretta Lynch. Both parties claimed that they engaged in harmless small talk involving their families and, of course, nothing about the FBI’s investigation of Hillary’s classified document and email server practices.
The meeting was utterly improper and the attorney general recognized this, promptly asserting that she would not personally make the decision about the Hillary Clinton email investigation, though strangely she would review the work of her subordinates before any public announcement of prosecution or non-prosecution was made.
This was then followed by the highly unusual announcement of “no criminal charges” and the end of the investigation by the FBI director. In the very rare case where an announcement of “no criminal charges” occurs, the prosecutors in the Justice Department would make such an announcement because Justice, not the FBI, makes prosecutorial decisions. The FBI makes a recommendation; Justice makes the decision.
Comey, while presumably attempting to insulate the Justice Department and the attorney general from claims that the Bill Clinton tarmac meeting had corrupted the investigative process, took the Justice Department and Loretta Lynch off the hook and made the announcement himself.
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