Sit on the Files
I wrote an essay the other day about the Trump Administration’s efforts to distract from the Epstein “crisis” (Disturbance in the Force). There’s not a whole lot more to say about the “meat” of the issue, other than a Wall Street Journal article that Attorney General Pam Bondi notified President Trump that his name was in the “Epstein Files”. Soon after; Bondi, FBI Director Patel, and FBI Deputy Director and noted conspiracy theorist Dan Bongino issued a two page memo. They said there was nothing to release. That report lit MAGA-world on fire, a fire that has yet to be controlled. The “Epstein Files” story, as the newspaper’s would say, “has legs”.
Everyone in MAGA-world got dragged into this. Speaker Mike Johnson literally sent the House of Representatives home, rather than have votes on releasing the files. And when a reporter asked Johnson if he was “afraid” of the Epstein issue, Johnson forcefully responded, and deflected. He claimed that this was all the Biden Administration’s fault. He said they had the information and “sat on it”, and Johnson wasn’t going to get mired in “their” mistake.
Mid-Year Exam
So let’s look at what the Department of Justice (DOJ) does, and the recent history of “controversial” cases. The “traditional” job of Justice, is to investigate and prosecute. For generations, the Department did NOT “talk” about cases. As we learned through the Mueller and later Jack Smith; the traditional DOJ “speaks” through indictments and charges filed in Court. In fact, there’s a term for that: a “speaking indictment”.
But the current issue begins with the “great exception” to DOJ practices; made in the middle of the 2016 Presidential election campaign. You probably remember; the “Benghazi Hearings” revealed that then-Secretary of State Hillary Clinton was using a private email server. The controversy was: did the use of that server violate Federal Law, by avoiding public record laws, and risking classified information on a “home” server.
The Trump Campaign used it against Clinton: where are the emails? And the FBI did a comprehensive investigation into the Clinton emails, code-named “Mid-Year Exam”. The investigation culminated in an extended interview of Clinton herself, over the Fourth of July weekend of 2016, just weeks before the Democratic Convention.
This was during the Obama Administration, and Loretta Lynch was the Attorney General. That was an inherent conflict. While the FBI investigates crimes, they do not make decisions about charging crimes in court. That is the job of the prosecutors of the DOJ. But because of obvious politics and an apparent conflict of interest (Lynch spoke with Bill Clinton when both were on the runway of an airport), there was no clear line of authority. If the head of DOJ couldn’t make the decision to charge Clinton or not, who would?
Comey
The FBI Director, James Comey, was a former Deputy Attorney General (in the George Bush Administration), and a career prosecutor. After looking at the investigation’s results, he determined that Clinton did not “show an intent” to violate the laws, a critical factor in bringing criminal charges. And he took it upon himself to determine that no charges would be filed.
But he went farther than that. DOJ policy says when an investigation is concluded, and no charges are going to be made, that any announcement is limited to saying, “no charges will be filed”. But Comey felt the need to go into great detail to explain, that while Clinton didn’t commit a criminal offense, she was careless with classified information. So while she wasn’t charged, she was “convicted” in the world of public opinion.
No one was satisfied with Comey’s actions. Democrats pointed to DOJ policy. Republicans pointed to Comey’s “careless” statement. And, later, when further investigation was required, Comey announced that the investigation was re-opened, days before the Presidential election. Many, including this author, believe that Comey’s announcement cost Clinton the Presidency (and the United States the Trump Presidencies).
What did the Department of Justice learn from all of that? Mueller, Jack Smith, and even John Durham let their indictments and final reports speak for their investigations. That continued into the Biden Administration, where Attorney General Merrick Garland required a strict adherence to DOJ policies.
Nothing to See
Back to Epstein: he was arrested and charged (and died) under the first Trump Administration. When Garland took charge, there were no charges to be made, Epstein was dead. But there were charges filed, and a conviction gained, against Ghislane Maxwell, Epstein’s procurer. She’s serving twenty years in Federal prison. The indictments and the conviction “spoke” for the DOJ.
And that policy was used by conspiracy theorists to attack Biden and later Kamala Harris. They “must be hiding” the Epstein “black book”: the list of all the participants in his child sex parties and tours. (While whoever is on that list may well have committed crimes, the statute of limitations for those crimes has likely run out). But the Garland DOJ had nothing to say: no charges, no statements.
So when Trump won the election, many conspiracy theorists were excited. Finally the “theorists” were in charge: Patel and Bongino at the FBI and Bondi leading the DOJ. But now: “There’s nothing to see here, move along, move along”.
Unlike Star Wars, no one is moving along.
Merrick Garland followed the policy of the DOJ – no charges, no further statements. Now Pam Bondi is trying to do the same. The problem is – she “promised” the “Epstein Files”, over and over and over and over again. And now, promises made, promises broken.
