|Hillary M. Nixon|
Forty-four years later co-opted FBI, which has been politicized by Barack Obama, is sweeping the Hillary Clinton scandals under the rug.
From Fox News' Andrew Napolitano, a retired New Jersey Supreme Court judge:
The FBI began investigating the Clinton email scandal in the spring of 2015, when The New York Times revealed Clinton’s use of a private email address for her official governmental work and the fact that she did not preserve the emails on State Department servers, contrary to federal law. After an initial collection of evidence and a round of interviews, agents and senior managers gathered in the summer of 2015 to discuss how to proceed. It was obvious to all that a prima-facie case could be made for espionage, theft of government property and obstruction of justice charges. The consensus was to proceed with a formal criminal investigation.
Six months later, the senior FBI agent in charge of that investigation resigned from the case and retired from the FBI because he felt the case was going “sideways”; that’s law enforcement jargon for “nowhere by design.” John Giacalone had been the chief of the New York City, Philadelphia and Washington, D.C., field offices of the FBI and, at the time of his "sideways" comment, was the chief of the FBI National Security Branch.
The reason for the "sideways" comment must have been Giacalone’s realization that DOJ and FBI senior management had decided that the investigation would not work in tandem with a federal grand jury. That is nearly fatal to any government criminal case. In criminal cases, the FBI and the DOJ cannot issue subpoenas for testimony or for tangible things; only grand juries can.
Giacalone knew that without a grand jury, the FBI would be toothless, as it would have no subpoena power. He also knew that without a grand jury, the FBI would have a hard time persuading any federal judge to issue search warrants. A judge would perceive the need for search warrants to be not acute in such a case because to a judge, the absence of a grand jury can only mean a case is “sideways” and not a serious investigation.