In breaking news, the American Center for Law and Justice or ACLJ (Jay Sekulow’s organization, not related to his role as the President’s attorney), has obtained actual copies of the immunity agreements pertaining to Cheryl Mills and Heather Samuelson in the Hillary email scandal. This was a stunning litigation win, hard-fought after years of litigation by the ACLJ attorneys, who were unable to extract the documents through the normal FOIA processes, due to a lack of cooperation by the government.
In reviewing what the agreements uncovered, keep in mind that Cheryl Mills was Secretary Clinton’s Chief of Staff at the State Department and then bizarrely, she subsequently served as Clinton’s attorney, representing her in the email scandal. Heather Samuelson worked on Hillary Clinton’s 2008 campaign, and then became a Senior Advisor to her at the State Department, as well as the White House liaison. Somehow, she also became one of Clinton’s personal attorneys during the email scandal.
The immunity agreements issued by the government, were crafted so that the agencies could extract information from the parties, despite the fact that this is not necessary because DOJ has the power to require that the information be turned over. Clinton kept classified emails on a private server in violation of Federal law, and the immunity agreements reveal that both Cheryl Mills and Heather Samuelson were actively involved in the cover-up of these emails as well as in the destruction of evidence. According to Jordon Sekulow, Executive Director of the ACLJ, it is extremely unusual for someone involved in a criminal cover up, who needs an immunity deal to ensure the evasion of jail time, later becomes the attorney representing the other potential criminal or co-conspirator.
The agreements issued were with DOJ and the FBI. They asserted that Mills and Samuelson would turn over the computers to them, but stipulated that they weren’t turning over “custody and control”. This critical point is a legal and factual bunch of bunk. The FOIA statute applies to information in the agencies’ “custody and control”. Anything not in their custody or control cannot be FOIA’d. It is impossible to have an agency physically have a computer and not have it in their “custody or control.” Custody and control is not something that suspects have to expressly give over or agree to give over. When they give over the evidence, then obviously, as a matter of fact, they are also giving the agency “custody and control” over that evidence. Suspects cannot withhold “custody and control” by mere words or lack of consent, as consent is not required. In other words, these agreements are extremely flawed and whomever signed off on them should be investigated and perhaps prosecuted. It is clear that the purpose of this clause was to make the arguably illegal activities of Mills and Samuelson out of the reach of FOIA — in other words, it would be withheld from the public. This is the very definition of corruption.
Additionally, the immunity agreements were broad in scope. There were numerous charges that the agreements gave them immunity from including potential violations of the Federal Records Act, the Classified Information Act and the Espionage Act. According to the ACLJ, nobody has ever gotten immunity from the Espionage Act before. Normally, immunity is for lesser crimes like obstruction of justice, but not espionage. If Mills and Samuelson were charged and convicted of every crime from which they received immunity, they would be potentially subject to twenty-eight years in jail each.
After Clinton illegally sent classified emails on a private server and cell phones (and by the way, people have gone to jail for this even when they did so accidentally because it’s that serious), and after Mills and Samuelson purposely worked to cover up and conceal both the emails and the destruction of evidence, and after they were given a sweetheart deal that nobody in history has ever gotten, they became the attorneys for Clinton, representing her in the email case. This shouldn’t be allowed because it is a conflict of interests, and not only gives the appearance of impropriety, but indeed, constitutes actual impropriety.
Subsequently, Mills and Samuelson finally gave the computers over to the FBI, which per their agreements, limited the FBI’s investigation. The FBI agreed to limit a) the method by which the emails investigated would be obtained; b) the scope of files which would be investigated, and c) the timeframe parameters for investigated emails. In other words, the FBI agreed in the immunity contracts not to do a full investigation on the Clinton emails. To make matters worse, again, per the immunity agreements, the FBI agreed to destroy the computers that had the back-up emails. As Congressman Jim Jordan referenced during the Mueller hearings recently, the FBI used bleachBit to purge the server so the information could never be accessed in the future and used hammers to smash the cell phones involved. In other words, the FBI and DOJ participated in the destruction of the evidence. In effect, this constitutes is a conspiracy between the Obama DOJ (under Loretta Lynch) and the Comey-led FBI to cover up Clinton’s crimes.
Shortly thereafter, Comey came out publicly and held a press conference exonerating Clinton from any criminal activity, knowing full well that she was never thoroughly investigated, and that his own agency had participated in the destruction of evidence.
To reiterate Comey’s assertions, he stated that Clinton had been “extremely careless” in her handling of classified and sensitive information, but not “grossly negligent”, even though the definition of grossly negligent is extremely careless. Gross negligence is the language in the statute necessary to prosecute someone who does this and Comey inaccurately professed that no prosecutor would pursue a case based on these facts, even though those with lesser evidence have indeed been charged.
Currently, there are investigations taking place pertaining to the Clinton email scandal cover-up, as well as the origins of the Trump investigation by the Mueller team, including the roots of the FISA applications. All of the documents uncovered by the ACLJ’s legal win will constitute valuable evidence for AG Bill Barr, the IG and others. Many who follow what is really going on, on a day to day basis have been repeatedly disappointed in the biased and one-sided investigations and the cover-up or blatant disregard of critical facts implicating the pro-Clinton, anti-Trump teams. But Bill Barr and his team are fairly new to the process. He and others, including John Durham, will finally have the opportunity to get to the bottom of all this — and finally disclose the real collusion, corruption, and obstruction. There’s still hope.