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diGenova on Politicization of FBI: Director Comey Took a Dive

By Michael Morris | September 27, 2016 | 2:32pm EDT
FBI Director James Comey testifies before Congress on Clinton email probe. (AP Photo/J. Scott Applewhite)

Monday, on “Mornings on the Mall” with Brian Wilson and Larry O'Connor, former U.S. Attorney for the District of Columbia Joe diGenova again criticized FBI Director James Comey for his part in "politiciz[ing]" the FBI’s investigation into Hillary Clinton’s use of a private email server as Secretary of State, saying, “the FBI director took a dive.”

“This is becoming, now, one of the most disgraceful episodes in the history of the FBI,” said Joe diGenova, “and one thing is becoming clearer and clearer and that is that the FBI director took a dive.”

Below is a transcript of diGenova’s comments with Brian Wilson and Larry O’Connor on “Mornings on the Mall”:

Brian Wilson: “And joining us on the line right now, Joe diGenova, legal analyst, former U.S. Attorney for the District of Columbia and good friend of this program. Good morning, Joe.”

Joe diGenova: “Good morning, Brian.”

Brian Wilson: “Alright, so, on Friday the FBI released another two hundred [nearly 200] documents related to how they conducted the investigation into the email server, which, as you know, led to no charges being brought against the former Secretary of State.

“And there were some pretty eye-opening developments that came as a result of reading those documents. Chief among them in my book was the fact that they granted Cheryl Mills … Cheryl Mills was granted immunity in that particular case.”

Joe diGenova: “Right.

“Well, first of all, let’s get back to how this all started. This is another Friday night document dump by the FBI director. Isn’t it interesting that the last time he did this he said they only did it on Friday because that’s when they were ready.

“These documents have been ready for weeks. He did it on Friday night again purposefully. The FBI director has now politicized the FBI to such a degree that there is serious talk around Capitol Hill about a resolution of no confidence.

“But here’s what’s interesting. They gave Cheryl Mills immunity for production of her computer. And you know what? They didn’t have to do that. All they had to do was issue a grand jury subpoena, but there was no grand jury. And there was no grand jury because there was no real investigation.

“This is becoming, now, one of the most disgraceful episodes in the history of the FBI, and one thing is becoming clearer and clearer and that is that the FBI director took a dive.”

Larry O’Connor: “Well, you just mentioned that there’s talk around Capitol Hill about a vote for no confidence, Joe diGenova. What are you hearing specifically about that? And this is coming from congressman?”

Joe diGenova: “I will tell you that last night I was on a conference call with assistant United States attorneys from around the country, current and former, and some FBI agents, current and – rather former FBI agents – and there is utter anger in the law enforcement community about what Comey is doing. He appears to be oblivious. There’s almost a Hoover-esque quality about what he’s doing, and it will be interesting to see if he thinks it’s necessary to send another memo to his staff like the idiotic one that he sent out ten days ago.”

Brian Wilson: “Alright, so, the other developments were apparently that there was a document which said … Joe, I’m sorry. We’re having some problem. Are you … ?”

Joe diGenova: “I’m on an airplane …”

Brian Wilson: “Ahh. [laughter]”

Joe diGenova: “… ready to fly to Las Angeles.”

Brian Wilson: “Okay, that explains it. The other document that sort of caught a bunch of people by surprise was one which we heard the IT guys in Denver describe the whole thing as a cover-up operation.”

Joe diGenova: “Well there’s no question that there are many, many documents now that show categorically that there was an effort to destroy emails, that it was known by a large number of people in the Clinton organization, that it was known by their lawyers, that it was known by their tech support, but more seriously, it was known by the FBI and the Department of Justice.

“This is so serious. I cannot tell you how serious it is now that this looks like it was a complete cover-up. They never intended to conduct an investigation. The number of immunities that were given to people who are serious subjects, witnesses and targets is unprecedented. This is going to cause an uproar of such dimensions in the law enforcement community, you cannot believe it.”

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