Inspector General Horowitz Submits Draft Report of Clinton Email Investigation For Principal Review
More Key Points:
♦FIRST, the draft report is reviewed internally. Only the principal officers who are currently inside the investigated agency get to see it. Those officials must sign comprehensive Non Disclosure Agreements, subject to criminal prosecution if they violate the NDA.
Former Officials, or employees who have left the agency: ex. James Comey, Andrew McCabe, Lisa Page, James Baker, Jim Rybicki, Michael Kortan and all of the officials who have left the FBI will not get to see the draft report. [Now you know why Lisa Page and James Baker were dispatched last week.]
The same IG rules of Draft Report distribution apply on the Main Justice side of the DOJ and (DOJ-NSD) (DOJ-National Security Division). Loretta Lynch, Sally Yates, Mary McCord, David Laufman, etc. do not get to see the report. Attorney General Jeff Sessions and Asst. AG Rod Rosenstein will review the draft report and control who they allow to review.
On the FBI side, Director Christopher Wray will review the draft report along with Asst FBI Director David Bowditch (if approved). Likely FBI Chief Legal Counsel Dana Boente, the former head of the DOJ-NSD, will also review. [note now you know why Boente was brought back inside in January ’18] Two more principals who could review would be FBI Asst. Director in charge of Counterintelligence Bill Priestap; and we must remember – FBI Agent Peter Strzok was not kicked out, he also remains inside.
♦ SECONDLY, the IG report does not include criminal referrals. The final IG report is a statement of facts. The IG report only provides the facts to decision-making leadership, who then decide what to do with those facts. However, if the IG discovers evidence of unlawful or illegal activity during the course of his/her investigation, the IG has a legal and ethical responsibility to tell the head of the DOJ immediately.
The IG cannot keep evidence of unlawful conduct hidden until the release of the report.
This is important because Attorney General Jeff Sessions appointed U.S. Attorney John Huber to join IG Horowitz toward the end of last year (2017).
The federal attorney (Huber) then constructs a parallel investigation based on the evidence the IG has discovered.
However, as with all criminal investigations, Prosecutor John Huber would then fire-wall the IG from his own expanded criminal investigative inquiry.
It is critical to understand what happens when a U.S. Attorney joins with the OIG. The evidence flow only goes one-way. The IG is not participating in a criminal investigation. The IG is only looking at facts within his investigation and shares any pertinent investigative findings with the U.S. Attorney. The U.S. attorney does not provide the IG with findings from his criminal investigation.
IG Horowitz and U.S Attorney Huber might interview the same subjects. [In rare instances they might even interview the same subject simultaneously] However, Huber would not share his criminal investigative interview content/evidence with Horowitz. Therefore the content of a final IG report may contain outlines/evidence of criminal behavior, but there could be -likely is- much more evidence in addition to the IG report.
How the criminal prosecutions might proceed after the final IG report is released involves prosecutor strategy.
U.S. Attorney John Huber may wish to wait and see how the participants react to the facts outlined in the report; or he may use the IG report to expand his criminal investigation and conduct additional interviews of people who are outside government, and as a consequence outside of the IG investigative reach.
Huber may -likely does- already have this process, and a seated grand jury, well underway.
https://theconservativetreehouse.com/2018/05/16/inspector-general-horowitz-submits-draft-report-of-clinton-email-investigation-for-principal-review/comment-page-1/