OIG Report – Part 2 – The Unnamed Hero

The story you are about to read is true. No names were changed because few were innocent. There are some heros though. The main hero is an unnamed FBI Agent in the New York field office.

On September 26, 2016, the New York field office of the FBI executed a search warrant and obtained the i-Phone, i-Pad, and laptop computer from former Congressman Anthony Wiener. The FBI was investigating Wiener for child sex-related crimes.

The case agent assigned to the investigation was also certified as a Digital Extraction Technician and was conducting a search of the contents of the laptop for evidence in the Anthony Wiener investigation. Sometime during the evening of September 26 or morning of September 27 the agent noticed that there were over 300,000 e-mails on the laptop. Continue reading

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The OIG Report – Part 1

This commentary is a little longer than my average comments. I read the entire OIG report, all 500 plus pages, on the Clinton E-Mail investigation. My commentary on this just won’t fit in 500 words or less.

In his conclusion the OIG used a phrase of six critical words: “The damage caused by these employees’…”

A few powerful players at the top level polluted the entire investigation. The OIG was ultra cautious in concluding that he did not find “documentary or testimonial evidence” that there was political bias.

My conclusion after reading the full report is that political bias saturated this investigation like gravy on biscuits. This is not to cast a wide net over all of the FBI and DOJ personnel.

I want to share my observations of a few aspects of the report.

Director James Comey

With regard to political bias, I am willing to give Director Comey the benefit of the doubt. In his testimony and the testimony of others, it appears that Director Comey’s ultimate concern was the reputation of the FBI.

His problem was not political bias per se. His problem was (and still appears to be) a hyper-inflated sense that he is the only one in the universe who can determine what is “right.”

In July of 2016 when I watched Comey’s press conference, my first thought was, “Why is he making this announcement and not a US Attorney?” Comey’s decision to go on his own was pure and simple insubordination.

On page 245, the OIG report made a key point. “In our criminal justice system, the investigative and prosecutive functions are intentionally kept separate as a check on the government’s power to bring criminal charges.”

Comey willfully, knowingly, intentionally, tossed the checks and balances out the window. He made himself the chief arbiter of a decision that was never his to make.

In October, days before the election, Comey again made a decision to publicly re-open the Clinton e-mail investigation. In this case, DOJ was aware of his intention to notify Congress and requested that he not at that time. Again, Comey acted as if he alone had the integrity to make the “right” decision.

After President Trump fired Comey, he once again displayed his insubordination. He retained an official FBI work product after his termination of employment, and gave it to a college professor who had no business even knowing the document existed. The professor then leaked the document to the news media as a conduit for Comey.

Comey felt that his action was justified. It was not justified. It violated FBI policy, if not the law.

The FBI Director is part of the Executive Branch and as such is accountable to and subordinate to the Attorney General and the President. While Comey proclaimed his independence from outside meddling, in reality he was acting as a benevolent dictator. He should have been fired in July of 2016.

Peter Strzok and Lisa Page

The two lovebirds got a lot of attention over their text messages. Both held high positions of influence in the investigation. Incredulously, one of them, Peter Strzok is still employed by the FBI.

On July 31, 2016 Strzok sent a text to Page about the opening of the Russia investigation. He expressed his excitement to be on the investigation.

“And ____ this feels momentous. Because this matters. The other one did, too, but that was to ensure we didn’t ___ something up. This matters because this MATTERS. So super glad to be on this voyage with you.”

The most publicized exchange was on August 8, 2016:

Page: “[Trump’s] not ever going to become president, right? Right?!”
Strzok: “No. No he’s not. We’ll stop it.”

Strzok was not talking about organizing political activities to get out the vote for Hillary and assure her victory. He held a powerful role in an investigation of the Trump campaign. Based on his July 31 e-mail he appeared to believe at that time that the investigation would somehow stop Trump.

His belief is evident in a text one week later, on August 15, when Strzok wrote to Page:

“I want to believe the path you threw out for consideration in Andy’s office—that there’s no way he gets elected—but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40….”

On May 17, 2017, Robert Mueller was appointed as Special Counsel. On May 18, Strzok wrote to Page,

“For me, and this case, I personally have a sense of unfinished business. I unleashed it with MYE [the Clinton E-Mail Investigation]. Now I need to fix it and finish it.”

Strzok also wrote about his career path. “Who gives a ___, one more A[ssistant] D[irector]…[versus] [a]n investigation leading to impeachment?”

On May 22, Strzok wrote another message to Page about her career path as part of the Special Counsel’s team: “This is yours. Plus, leaving a S[pecial] C[ounsel] (having been an SC) resulting in an impeachment as an attorney is VERY different than leaving as an investigator….”

These text messages reveal more than just a bias. In his role, Strzok had at his disposal assets from the intelligence community, the law enforcement community, and the Department of Justice.

Peter Strzok was texting about stopping a candidate in the American electoral process. Then he was texting about removing the duly elected President of the United States.

Every FBI agent takes an oath of office that begins with these words, “I will support and defend the Constitution of the United States against all enemies, foreign and domestic…” Peter Strzok, in particular, needs to look into the mirror because his text messages reveal him to a domestic enemy of the United States Constitution. It is a travesty that Strzok is still employed by the FBI. The new Director needs to clean house, or he needs to go the way of James Comey.

I have a lot more to write on this report. Watch for my next Note from Don Cole with more on the OIG report.

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Pardon – Returning to the Constitutional Intent

President Trump raised eyebrows with recent pardons and reprieves. He needled his opponents by stating that the President even has the power to pardon himself if he wanted. He went on to say that in his case there was no need because he had done nothing wrong.

President Trump Signing Pardon (https://www.clickondetroit.com/news/politics/trump-pardons-boxer-jack-johnson)Two recent pardons are noteworthy. One was the posthumous pardon of Jack Johnson, former World Heavyweight Champion boxer. Johnson, an African American, was convicted in 1913 of a federal crime for taking his white girlfriend across state lines.

There was no question that the motivation for prosecution was simply because he was dating a white woman. Johnson served 10 months in prison. He died in 1946.

Johnson’s great great niece, Linda Haywood, asked President George W. Bush to grant a posthumous pardon. It never happened.

She had great hopes for a pardon during the Obama administration. She even had the support of Congress.

President Obama refused to act on the basis of a recommendation from the Justice Department. A Justice Department spokesman wrote that is is the “department’s position that the limited resources which are available to process requests for president clemency—now being submitted in record numbers—are best dedicated to requests submitted by persons who can truly benefit from a grant of the request.”

President Trump learned of the case of Jack Johnson, not from Justice Department lawyers, but from Sylvester Stallone. When the President looked into the case, he saw that this was wrong.

He righted the wrong. Contrary to the view of career lawyers in the Justice Department, Jack Johnson’s family and our nation truly benefited from the grant of this request.

Photo of Alice Johnson (Courtesy of Can-Do)President Trump’s other noteworthy use of his pardon authority was to commute the life sentence of a non-violent drug offender, Alice Johnson. She had served 21 years on conspiracy to possess cocaine and attempted possession of cocaine.

As in the case of Jack Johnson, this was not the first time a request had been made to the Office of the President. Three request were made during the Obama administration. Justice Department lawyers denied her petition. President Obama left it up to the Justice Department and never acted on the request.

Also, as in the case of Jack Johnson, it was not the Justice Department that brought the matter to the President’s attention. It was Kim Kardashian. When the President called for the record and examined the case, he gave Alice Johnson her freedom.

The power of the President to issue pardons is found in Article II of the Constitution. The President “shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.”

The power to pardon is the least limited power granted to the President in the Constitution. Impeachment is the only exception. That is because impeachment is a power granted to the legislative branch in Article I.

President Trump’s direct action on granting pardons and reprieves is a return to the original intent of the framers of the Constitution. Over the years, the power to grant pardons and reprieves gradually became a defacto power of unelected career employees in the Justice Department.

Justice Department lawyers do not have the power to grant a pardon, but for all practical purposes, they decided, made recommendations to the President, and the President signed the papers. President Trump put an end to that practice.

There were probably more than a few lawyers wringing their hands with angst. After all, this President had never spent a day in law school. How could he possibly be qualified to make such decisions? The answer is simple. He is qualified because the Constitution says so.

A pardon changes the status of the one receiving the pardon. In 1867, Supreme Court Justice Stephen Field wrote that the effect of a Presidential pardon on an individual, “makes him, as it were, a new man… so that in the eye of the law the offender is as innocent as if he had never committed the offence.”

The philisophical basis of the power to pardon is also the foundation of the Christian faith. In II Corinthians 5:17, Paul wrote, “Therefore if anyone is in Christ, he is a new creature; the old things passed away; behold, new things have come.” These words may have been in Justice Field’s mind when he wrote “makes him, as it were, a new man..”

In the case of Jack Johnson, President Trump righted a wrong that was over a century old. In the case of Alice Johnson, he showed compassion and grace to give her a second chance. I am glad to see President Trump putting the Constitutional human element back into pardons and reprieves.

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He Still Remembers D-Day

Young American soldier

“There were body parts flying everywhere.” 93 year old Julian Parker of Cordele still remembers D-Day, June 6, 1944, wading on that beach in France. He said that the Germans had two big guns that were supposed to have been knocked out before the Americans landed.

The young soldiers wading on the beach were like sitting ducks. Julian said that some thought they were being smart by huddling close together. From his point of view, that just made a bigger target. He put a little bit of distance between himself and other groups as he made his way up the beach.

After the landing he moved through France and Germany. He saw the horrors of Nazi Germany and the death camps. At one place he said that bodies were stacked up like cord wood where the Nazis had executed thousands.

Julian does not talk a lot about his experiences. A medal display in his room shows, among others, two Purple Hearts and one Bronze Star. He pointed to his head to show where he was hit one time. He said that sometimes he still feels bits of shrapnel in his body.

He did not remember what he did to get the Bronze Star. He said that they wanted to promote him on the battlefield, but he turned it down. As he put it, he told the Army that he did not want to be there to start with and just wanted to get the job done and go home.

As a young teenager, Julian lived near the Georgia coast. He was still in school when he turned 18 and was drafted. After basic training in Mississippi, he went to London, and from London took the cruise across the English Channel with 500,000 other troops to land on a beach in France.

The war had an immense impact on Julian. He said that when he returned home, he went to his house and got his old hunting rifle that he owned since he was a boy. “I took it to the woods, dug a hole and buried it. I had seen enough killing and didn’t want anything more to do with it!”

On the day those men stormed the beaches, parachuted from planes, and flew gliders behind enemy lines, President Roosevelt addressed the nation and prayed for victory. The prayer is about 6 minutes and it is worth your time to hear it.

Read or Listen to President Roosevelt’s D-Day Prayer Here

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Persistence

Three Ladies persistent in prayer

Shannon Penny Nipper, Joyce Williams Mitchell, Lavater Hall-Bass

What does it mean to be persistent? In the book of Luke, chapter 18, Jesus tells a parable of a woman who sought justice before a judge who “did not fear God”. The judge did not want to waste time with her. She kept coming back.

Over and over and over she brought her case before him. Finally,the judge came to the realization that he would spend less time dealing with her if he just heard her case and gave her justice.

The purpose of the parable was to encourage His followers to pray and not lose heart. In other words, persist in prayer.

Last January, I attended a prayer service at the Cordele Community Center. The letter that I received called for the community to come together.

I did not know what to expect as I went. I wrote about the positive and powerful time together. The event organizers said that they wanted to do it again.

Last Saturday morning at 10:00 am, a small group gathered again at the Cordele Community Club House. Under cloudy skies with impending rain, the group shared Scripture, words of encouragement, and they prayed.

As it was last January, the prayers were not focused on a race of people or a part of town. The prayers were for the community. The prayers were for the schools, teachers, law enforcement officers, social workers, pastors, Sunday school teachers, mothers, fathers, grandparents, and children.

Some came who no longer live in Cordele but made it clear that Cordele was home. Joyce Mitchell recalled how in her younger days if she walked down the street and there was someone sitting out on the porch as she passed, she had better greet that person. If not, when she got home, her mother would have already received a call. It was a matter of common courtesy and respect to greet each other.

The group that gathered that day was a little smaller than the first gathering six months earlier. Perhaps it was the impending rain. Perhaps it was the beginning of summer.

What struck me was that there was no grumbling, fault-finding, or finger-pointing. There was just a time of positive, uplifting, prayer for the community.

Persistence -Woman performing interpretive dance to praise music

Alisha Appling

One participant, Alisha Appling, performed a praise dance to a song asking God to fill this place. Praise dance is not part of a normal worship service for me.

As I watched her, it was evident by the smile on her face as she looked to the heavens that she was pouring out her creativity before God. I thought of King David writing in Psalm 103:1, “Bless the Lord, O my soul, and all that is within me, bless His holy name.”

Joyce Mitchell, Lavater Hall-Bass, and Shannon Penny Nipper organized and promoted the event. They did not let anything stop them. They will be doing it again. They are not weary in well-doing. They are persisting and it will pay off.

When you hear about the next one, come and join. You will be glad that you invested the time and our community will be better off because you joined others who are persisting in prayer.

Read my editorial about the first gathering. 

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