How The New Attorney General Should Pursue The Clinton Foundation

Hillary shouldn't be let off the hook.

“We don’t want to become a country where we have political vindictiveness after an election,” said Rudy Giuliani in a November 14 appearance on C-SPAN with Wall Street Journal editor Gerard Baker. But according to the former New York mayor, there was a bit more to it.

“We also don’t want to be a country of unequal protection in the law. A lot of that has to do with what I don’t know, which is how bad are the things involved in the Clinton Foundation investigation? How beyond the pale are they?”

The Attorney General, said Giuliani, four days before Trump selected Senator Jeff Sessions for the post, “should sit down and study sit down and study it and give him a present, give him a reasoned balance of things.” If the AG finds “there is something there, it should be an independent counsel that investigates it. I think that should be a detailed, reasoned study of the FBI investigation that I believe is in the New York office of the FBI.”

As Sen. Sessions is surely aware, much has emerged about how bad things were, and are, with the Clinton Foundation, and that it all went far beyond the pale. And the whole thing was an example of unequal protection under the law.

The President of the United States, the most powerful man in the world, was using a pseudonym to communicate with Secretary of State Hillary Clinton on the private, unsecured server she kept in her house. “It is possible, if not highly likely, that President Obama himself has been grossly negligent in handling classified information,” wrote Andrew McCarthy in National Review. “That is why the Clinton e-mail scandal never had a chance of leading to criminal charges.”

That’s why FBI director James Comey, with a record of doing favors for the Clintons, said that no reasonable prosecutor could possibly bring charges. Rudy Giuliani, Joseph DiGenova, Andrew Napolitano and others countered that, given the clear breaches of the law, no reasonable prosecutor would refrain from bringing charges.

The President of the United States said he only learned about the private server  at “the same time everybody else learned it through news reports.” Since he communicated through the server himself, this was a complete lie. The president also said of Hillary Clinton: “I continue to believe that she has not jeopardized America's national security.”

What the outgoing president says is often the exact opposite of the truth, as with that bit about keeping the health plan you like. So all parties have good grounds to believe that Secretary Clinton did in fact jeopardize national security, and more evidence emerged in Peter Schweizer’s Clinton Cash: The Untold Story of How and Why Foreign Governments and Business Helped Make Bill and Hillary Rich.

The untold story centers on the Clinton Foundation, which is not primarily a charitable organization. Schweizer cites the late Christopher Hitchens, hardly a member of the vast right-wing conspiracy, who wondered why third word oligarchs didn’t donate their money to charities in their own countries “rather than distributing it through the offices of an outfit run by a seasoned ex-presidential influence peddler.”

Canadian high-roller Frank Giustra put his chips on Clinton, because “He’s a brand, a worldwide brand, and he can do things and ask for things that no one else can.” Schweizer charts one of Giustra’s Canadian associates, Ian Telfer, who controls the Fernwood Foundation. While Hillary Clinton was secretary of state, Fernwood contributed more than $2 million to the Clinton Foundation, which does not list Fernwood as a donor.

Telfer is also chairman of Uranium One, a Canadian company that controls a large share of U.S. uranium assets. In 2010, Uranium One negotiated a deal to be purchased by a “private” subsidiary of Russia’s state nuclear agency. As Schweizer notes, this proved troubling to a bipartisan group of congressmen, who believed that Russia could not be trusted to allocate U.S. uranium consistent with U.S. interests.

That was not the view of Hillary Clinton. The secretary of state served on the Committee on Foreign Investment in the United States. Hillary could have blocked the deal or kicked it up to the president, forcing the president to make the final call, but she did neither. On Oct. 22, 2010, CFIUS approved the Russian purchase of Uranium One, transferring half of America’s projected uranium production to a private company controlled by a Russian government agency.

That is the major caper in Clinton Cash, followed by the frantic efforts of Hillary Clinton and her handlers to bleach out more than 30,000 emails under congressional subpoena, smash devices, and lie about it repeatedly. It’s far beyond the pale, and Attorney General Sessions, in line with what president-elect Donald Trump said during the campaign, should appoint a special prosecutor who will conduct a detailed, reasonable study of the FBI investigation.

The special prosecutor should leave no stone unturned and consider no one above the law. That includes a former First Lady and Secretary of State and the current President of the United States, the most powerful man in the world. As Rudy Guiliani said, “We don’t want to be a country of unequal protection in the law.” It’s not who we are.