Bigger Than Watergate? Legitimate Concerns That Anti-Clinton Faction Within FBI May Have Conspired T


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An Outline of What Increasingly Exhibits the Hallmarks of an Election Conspiracy

Unlike the effect of Russian interference on the 2016 presidential campaign, the effect—in votes—of the now-infamous “Comey Letter” is knowable.

While various media outlets downplayed the effect at the time, the hard data is unmistakable: according to a Politico/Morning Consult poll taken immediately after FBI Director Comey’s end-of-October announcement that the FBI would be reviewing additional evidence in the Clinton email-server case, one-third of likely voters reported that the revelation made them “much less likely” to vote for Clinton.

In an election Clinton lost by just 77,143 combined votes in three states—out of well over 136 million votes cast—this sort of polling data is one indication that Comey’s announcement could have cost Clinton millions of votes nationwide. But looking inside the Politico/Morning Consult data, we find much more evidence for that conclusion: specifically, the fact that while 26% of the poll’s 33% figure comes from Trump voters, the remaining 7% comes from those reporting to be Clinton voters.

Seven percent of the total electorate on November 8th was just under ten million voters (around 9,550,000 voters, to be exact).

Divided by state using voter distribution data, that’s an estimated (ceteris paribus) 206,100 voters in Wisconsin, where Trump won by less than 23,000 votes; 332,500 voters in Michigan, where Trump won by less than 11,000 votes; and 423,600 voters in Pennsylvania, where Trump won by less than 45,000 votes.

If even the smallest fraction of these “much less likely” Clinton voters were telling pollsters the truth about their intentions approximately a week before the election, their changed votes (or even their decision to abstain from voting) was more than enough to cost Clinton the election.

In Wisconsin, only an estimated 11.2% of newly disgruntled Clinton voters needed to be telling the truth about their new view of Clinton for their lost votes to have swung the state; in Michigan, that figure is 3.3%; in Pennsylvania, 10.6%. Professional pollsters can tell you what percentage of their data is reliable a week out from a general election—and it’s a much higher percentage than that. (And note that all of these figures measure the effect of a would-be Clinton voter deciding not to vote due to the Comey Letter; any prospective Clinton voters who voted for Trump instead of Clinton because of the reopening of the FBI investigation into Clinton’s email server of course count, if we reverse their decision, as a vote lost for Trump and one gained for Clinton. So the percentages above are likely high—indeed, as much as double the appropriate figures.)

Even accounting for a significantly uneven state-by-state distribution of newly disgruntled Clinton voters after Comey’s October Surprise—not that we’d expect one; there were clearly more voters on the fence and “still convincible” in Midwestern swing states in the days before the election than elsewhere—it would still be the case that that seemingly minute 7% figure was in fact more than enough to swing an election Trump won by 0.7% or less in the three states that ultimately decided the contest. And this fact remains even if we eliminate those Election-Day voters who became aware of (and were consequentially swayed by) the second, exculpatory letter Comey issued just prior to November 8th.

So it’s clear the Comey Letter was more than enough—as a matter of math—to put Trump in the White House.

So what we do if (as now seems possible) it turns out that the brouhaha over the “Abedin emails” less than two weeks before the presidential election was the result of collusion between FBI investigators trying to prosecute the husband of Hillary Clinton’s closest aide, FBI investigators trying to prosecute Clinton herself (and prevented from doing so because of decisions made by their boss), and one of Trump’s closest confidants and (until four days ago) a shoo-in to join his Cabinet, Rudy Giuliani?

What should the electors of the Electoral College do on December 19th if it’s confirmed, in the coming 72 hours, that Clinton lost the White House because of a scandal so much more far-reaching than Watergate as to make that impeachment-level conspiracy pale in comparison?

Obviously, before we get there, we have to look at the facts.

The purpose of this article is to detail facts that have already been reported—but not properly connected—in the major media, and to then use these facts to issue a rational and reasoned call for further investigation of this matter prior to the Electoral College vote this coming Monday.

So here’s a recap of the bare minimum facts that suggest a bigger-than-Watergate scandal having turned the tide in the 2016 election:

On October 3rd of this year, just over five weeks before the presidential election, Federal Bureau of Investigation agents received a computer from Anthony Weiner and almost immediately determined that the computer contained emails by a person at the heart of the then-closed investigation into Hillary Clinton’s home email server, that being Weiner’s estranged wife (and Clinton’s top aide) Huma Abedin.

For 24 days, these FBI agents kept their discovery a secret from their own boss, FBI Director James Comey. They only informed him of their potentially history-altering discovery on October 27th, less than two weeks before the general election.

Even today, nobody knows why these agents kept their critical discovery secret from the one man with the power to immediately direct them as to how to proceed with what they’d found.

The result of the agents’ decision not to inform their superior of information that he and only he could decide what to do with was the now-infamous “Comey Letter”: that is, Director Comey felt compelled to write a letter to Congress on October 28th informing them of the potentially explosive discovery of additional emails from Abedin on a computer Abedin had previously shared with Weiner.

It was a letter that would have been sent—if it would have been sent at all—several weeks earlier, had the agents in charge of the Weiner case sent their discovery up the chain of command in a timely and professional way. And had that letter been sent weeks earlier, the infamous “second Comey letter,” in which Comey conceded that the new Abedin emails were of no legal significance, would have been written before the early voting period in most states.

In fact, numerous reports in the mainstream media have concluded that Comey’s late-October intervention in the 2016 election, while unsettling to the Clinton campaign and unusual in the extreme, would have had no impact had it come at the very beginning of the month.

And yet, all this is just what everyone already knows. What has been reported but isn’t being talked about—yet—is much more interesting.

According to The Washington Post, the FBI agents who had been investigating the husband of Clinton’s closest aide for months failed to disclose their new evidence to Comey because “they were trying to better assess what they had.”

That’s an explanation that doesn’t pass the smell test, however, given that the agents were forbidden by law from looking at any emails written by Huma Abedin without a search warrant. And they were so precluded from the moment they saw the very first email by Abedin to anyone other than the subject of their investigation, Anthony Weiner.

And yet, an FBI official with knowledge of the Weiner case told The Washington Post, “this is not a team that sits on its hands.”

So this quick-moving team of FBI agents knew they had emails from Huma Abedin; they knew they couldn’t read them; they knew Director Comey was still heading up the investigation to which those emails were (on their face) relevant; they told him nothing about the emails (which they themselves couldn’t look at or do anything with) for weeks, even though they knew Comey had the authority and legal standing to immediately seek a search warrant to look at those emails and determine their relevance; and yet this was, per reports, “not a team that sits on its hands.”

Okay.

The only explanation ever given for the delay—a legally incoherent one—was that the Weiner investigators needed three weeks to review the “meta-data” from the Abedin emails (per an article in The Guardian, the material to be reviewed was simply the “to” and “from” fields in the Abedin emails). This despite the fact that the moment the agents on the Weiner case saw even one email from Abedin to anyone else involved in the Clinton investigation, they’d have known they needed Comey to get a search warrant.

Indeed, they merely needed to find one email from Abedin to anyone, as Abedin had been required during the Clinton investigation to divulge the identities of and produce all computers with any emails of hers on them—and therefore the discovery of any Abedin email on any Abedin-accessed/Abedin-accessible computer not presently held by the FBI was an immediate indication that Abedin had withheld evidence from the Clinton-case investigators.

Therefore, the Weiner investigators had all the information they needed to send urgent word to Director Comey on October 3rd—the day they received Weiner’s computer and found their first Abedin email to someone other than Weiner.

All of this is troubling, from the standpoint of a criminal attorney like myself, but it’s not enough to establish anything more than a sudden, inexplicable, catastrophic, and certainly inconveniently timed incompetence—with possibly some shoddy track-covering after the fact. (Put aside that we least expect incompetence in the most high-profile cases, and that this alone could lead a reasonable criminal attorney to at least suspect some systemic malfeasance here.)

But here, finally, are the twelve kickers—a dozen other data-points that make this whole narrative sound a lot more like a Watergate-level scandal.

(1) Abedin told people after the discovery that “she [was] unsure how her emails could have ended up” on the computer the FBI found them on (nor did the idea that she had deliberately withheld this information from the FBI make any sense, given the Bureau’s unwavering insistence that Abedin had always been cooperative with them, and the pointlessness of Abedin risking federal Obstruction of Justice charges and federal prison time to hide emails