Andrew McCarthy explains exactly how Loretta Lynch is quashing the FBI's Clinton Foundation probe

Readers are unlikely to know that the Eastern District of New York in Brooklyn is not just any United States attorney’s office. It is the office that was headed by Attorney General Loretta Lynch until President Obama elevated her to attorney general less than two years ago. It was in the EDNY that Ms. Lynch first came to national prominence in 1999, when she was appointed U.S. attorney by President Bill Clinton — the husband of the main subject of the FBI’s investigations with whom Lynch furtively met in the back of a plane parked on an Arizona tarmac days before the announcement that Mrs. Clinton would not be indicted. Obama reappointed Lynch as the EDNY’s U.S. attorney in 2010. She was thus in charge of staffing that office for nearly six years before coming to Main Justice in Washington. That means the EDNY is full of attorneys Lynch hired and supervised. When we learn that Clinton Foundation investigators are being denied access to patently relevant evidence by federal prosecutors in Brooklyn, those are the prosecutors — Loretta Lynch’s prosecutors — we are talking about. Recall, moreover, that it was Lynch’s Justice Department that:

• refused to authorize use of the grand jury to further the Clinton e-mails investigation, thus depriving the FBI of the power to compel testimony and the production of evidence by subpoena;
• consulted closely with defense attorneys representing subjects of the investigation;
• permitted Cheryl Mills and Heather Samuelson — the subordinates deputized by Mrs. Clinton to sort through her e-mails and destroy thousands of them — to represent Clinton as attorneys, despite the fact that they were subjects of the same investigation and had been granted immunity from prosecution (to say nothing of the ethical and legal prohibitions against such an arrangement);
• drastically restricted the FBI’s questioning of Mills and other subjects of the investigation; and struck the outrageous deals that gave Mills and Samuelson immunity from prosecution in exchange for providing the FBI with the laptops on which they reviewed Clinton’s four years of e-mails.

That arrangement was outrageous for three reasons: 1) Mills and Samuelson should have been compelled to produce the computers by grand-jury subpoena with no immunity agreement; 2) Lynch’s Justice Department drastically restricted the FBI’s authority to examine the computers; and 3) Lynch’s Justice Department agreed that the FBI would destroy the computers following its very limited examination. As I have detailed, it was already clear that Lynch’s Justice Department was stunningly derelict in hamstringing the bureau’s e-mails investigation. But now that we know the FBI was simultaneously investigating the Clinton Foundation yet being denied access to the Clinton e-mails, the dereliction appears unconscionable.

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