Remember Lisa Page? Her testimony has been made public [emphasis mine]:
Newly released transcripts from Page’s private testimony in front of a joint task force of the House Judiciary and Oversight committees in July 2018 sheds new light on the internal discussions about an investigation into Clinton’s emails…
Comey cleared Clinton of all charges in a press conference on July 5, 2016.
Page told the committee that the FBI “did not blow over gross negligence.” Responding to a question from Rep. John Ratcliffe, R-Texas, Page testified the FBI, including Comey, believed Clinton may have committed gross negligence. “We, in fact — and, in fact, the Director — because, on its face, it did seem like, well, maybe there’s a potential here for this to be the charge. And we had multiple conversations, multiple conversations with the Justice Department about charging gross negligence,” she said.
Page further testified the DOJ put a stop to that: “The Justice Department’s assessment was that it was both constitutionally vague, so that they did not actually feel that they could permissibly bring that charge.” The specific statute being referenced, 18 U.S. Code § 793, deals in part with “gross negligence” in the handling of national defense information, which Clinton came under scrutiny for possibly violating.
Page said Comey and the FBI spoke with DOJ about a gross negligence charge for Clinton multiple times, but that the DOJ consistently pushed back on it. “We had multiple conversations with the Justice Department about bringing a gross negligence charge. And that’s, as I said, the advice that we got from the Department was that they did not think — that it was constitutionally vague and not sustainable,” she said.
Ratcliffe asked if the decision not to charge Clinton with gross negligence was a direct order from the DOJ. “When you say advice you got from the Department, you’re making it sound like it was the Department that told you: ‘You’re not going to charge gross negligence because we’re the prosecutors and we’re telling you we’re not going to,’” he said.
Page responded: “That’s correct.”…
When asked if she knew why DOJ believed that, Page replied: “I really don’t know… I am confident that it was based on their own research in consultation with others, but I don’t have personal knowledge about what the Department did in order to come to that conclusion.”
When Comey made his announcement back in July of 2016, listeners on the right (including me) immediately noted the strangeness—in the legal sense—of what he was saying (see also this as well as this and this). It just didn’t make sense. It was as though they had come to the conclusion that they would not charge Clinton, and had to come up with an excuse after the fact. The excuse was absurd, but it was all they could conjure up, and they went with it.
What Page said supports that idea.
More:
At the time, the National Review’s Andy McCarthy wrote, “According to Director James Comey, Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code … and, in essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute.”
It was speculated at the time that the DOJ was behind the FBI’s action, and that part of the impetus was that tarmac meeting between Loretta Lynch and Bill Clinton, after which Lynch refused to recuse herself but said that she would abide by the FBI’s decision.
And then, apparently, the DOJ told the FBI what to do.
Unfortunately, it seems that the only people who care about all of this are on the right.