Anon review of OIG Report pp.81-100 14June2018
pp. 80-83
p.80 Yates said they wanted to treat the investigation like another, get regular briefings, but not put undue pressure on line staff.
p.81 Yates: "was one of those small handful of cases that how you do it can be defining for the Department of Justice…."
"Nobody should get any special treatment. Nobody should be treated more harshly…because of who they were. That’s what I mean it should be like any other case. But we weren’t stupid. I mean, we recognized that the profile and import of this matter was such that we needed to
make sure that things were done correctly." DAG office gets involved in case of disagreements between litigation dept and other gov agency. "Normally the DAG’s office is not running an investigation and we weren’t running this one.” Yates got more frequent updates on Midyear Investigation than on other cases.
p.82 Yates: "…not aware that McCabe attended meetings with the Midyear prosecutors, nor did she know that Comey was closely involved in the investigation."
Axelrod considered it “extra important to make sure things were…done…by the book, following procedures. Making sure that when people
criticize[d] whatever the outcome was that we’d be able to say no, this was done straight down the middle on the facts and on the law.”
Axelrod wanted to give Toscas (primary supervisor over investigation) tspace to do whatever they thought necessary in the investigation. "So that at the end…I just wanted to make sure that any allegation that there was some sort of political interference with this investigation wouldn’t hold water."
p.83 Carlin: standard practice for cases to be handled by career staff supervised by a DAAG. Emphasized need to "go more by the book" and follow "normal procedure". Carlin chose Toscas
based on his historical expertise with investigations involving “espionage, the straight-up a spy [cases], and the leak mishandling type portfolio.”
"I knew…whatever decision was made in the case, it was going to be a high-profile controversial decision. And so…you might need to explain later what process do we follow at the Department."
Carlin discussed this with Lynch and Yates…that the team had the authority to make investigative and prosecutorial decisions… told Lynch and Yates that “like other sensitive matters, we would periodically update them.” Lynch and Yates knew that this was how Carlin was handling the investigation and supported this structure. Carlin …also explicitly communicated this to Giacalone and McCabe at FBI.