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Politics|Justice Dept. Investigated Clinton Foundation Until Trump’s Final Days

https://www.nytimes.com/2023/05/22/us/politics/fbi-clinton-foundation.html
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JUSTICE DEPT. INVESTIGATED CLINTON FOUNDATION UNTIL TRUMP’S FINAL DAYS

President Donald J. Trump and his allies tried to cast the Clinton Foundation as
corrupt. But the yearslong investigation sputtered to its conclusion without
charges.

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The Clinton Foundation became attack fodder for Republicans in
2015.Credit...Anna Moneymaker/Getty Images


By Adam Goldman

Reporting from Washington

May 22, 2023Updated 3:18 p.m. ET

The Justice Department kept open the investigation into Hillary Clinton’s family
foundation for nearly all of President Donald J. Trump’s administration, with
prosecutors closing the case without charges just days before he left office.

Newly released documents and interviews with former department officials show
that the investigation stretched long past when F.B.I. agents and prosecutors
knew it was a dead end. The conclusion of the case, which centered on the
Clinton Foundation’s dealings with foreign donors when Mrs. Clinton served as
secretary of state under President Barack Obama, has not previously been
reported.

Mr. Trump, who campaigned on a promise to “lock her up,” spent much of his
four-year term pressuring the F.B.I. and the Justice Department to target
political rivals. After being accused by the president’s allies of serving as
part of a deep-state cabal working against him, F.B.I. officials insisted that
the department acknowledge in writing that there was no case to bring.



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The closing documents, which were obtained by The New York Times as part of a
Freedom of Information Act lawsuit, spelled the end to an investigation that top
prosecutors had expressed doubts about from the beginning. Still, it became a
rallying cry for Republicans who believed the F.B.I. would ultimately turn up
evidence of corruption and damage Mrs. Clinton’s political fortunes.




The foundation became attack fodder for Republicans in 2015 after the
conservative author Peter Schweizer published the book “Clinton Cash: The Untold
Story of How and Why Foreign Governments and Businesses Helped Make Bill and
Hillary Rich,” an investigation of donations that foreign entities made to the
family organization. Mr. Schweizer is the president of the Government
Accountability Institute, where Stephen K. Bannon, Mr. Trump’s former chief
strategist, was a founder and the executive chairman.

A spokesman for the Clinton Foundation, Craig Minassian, said that the
organization had been “subjected to politically motivated allegations with no
basis in fact.”


THE DURHAM INVESTIGATION

 * Final Report: After four years of investigating the Trump-Russia inquiry, the
   special counsel John Durham accused the F.B.I. of ignoring mitigating facts,
   but he did not find evidence of politically motivated misconduct.
 * How the Inquiry Unraveled: Interviews with more than a dozen current and
   former officials showed how Durham’s investigation became roiled by internal
   dissent over prosecutorial ethics.
 * Failing to Deliver: The dysfunctional investigation ended with a whimper that
   stood in contrast to the countless hours of political furor that spun off
   from it, our Washington correspondent writes.
 * The Right’s Reaction: Despite offering few conclusions, conservative leaders
   and right-wing outlets say Durham’s report lends credence to their conspiracy
   theories about the F.B.I.

Republicans seized on the accusations in Mr. Schweizer’s book, accusing Mrs.
Clinton of supporting the interests of foundation donors as part of a quid pro
quo.

Specifically, critics focused on the foundation’s receipt of large donations in
exchange for supporting the sale of Uranium One, a Canadian company with ties to
mining stakes in the United States, to a Russian nuclear agency. The deal was
approved in 2010 by the Committee on Foreign Investment in the United States
when Mrs. Clinton, as secretary of state, had a voting seat on the panel.



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Mr. Schweizer’s research caught the eye of F.B.I. agents in Washington, who in
2016 opened a preliminary investigation based solely on “unvetted hearsay
information” in the book, according to the final report by John H. Durham, the
Trump-era special counsel who led an investigation into the bureau’s inquiry
into possible ties between Mr. Trump’s campaign and Russia.



The F.B.I. in New York and Little Rock, Ark., also opened investigations that
relied on information from confidential source reporting, according to Mr.
Durham.

Mr. Durham also compared the handling of the Clinton Foundation investigation to
the F.B.I.’s treatment of the Russia investigation. As part of his inquiry, Mr.
Durham questioned Mrs. Clinton last spring. “Secretary Clinton was voluntarily
interviewed by Special Counsel Durham on May 11, 2022,” said David E. Kendall,
her lawyer. “No topics were off limits. She answered every question.”

The Justice Department did not think much of the foundation investigations,
frustrating F.B.I. agents. Raymond N. Hulser, a prosecutor in charge of the
public integrity section at the time, told Mr. Durham that the Washington case
that was based on the book lacked predication.

Indeed, some prosecutors at the time believed the book had been discredited.

The investigation became a source of friction at the F.B.I. as agents believed
the Justice Department had stymied their work.



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That tension spilled into public view and had far-reaching consequences.

Andrew G. McCabe, then the F.B.I.’s deputy director, was accused of leaking
information about the case to a Wall Street Journal reporter and later lying
about it to the Justice Department’s inspector general. The episode helped
prompt his dismissal in 2018 and a failed effort by the department to prosecute
him.

In August 2016, the three foundation cases were consolidated under the
supervision of agents in New York. Agents were authorized to seek subpoenas from
the U.S. attorneys’ offices in Manhattan and Brooklyn, but prosecutors declined
to issue them. The investigation seemed to go dormant.

Ultimately, the F.B.I. moved the case to Little Rock. In 2017, after prosecutors
there requested help, the deputy attorney general’s office said the Justice
Department would support the case.

Eventually, prosecutors secured a subpoena for the charity in early 2018 and the
F.B.I. detailed personnel to examine donor records. Investigators also
interviewed the former chief financial officer for the foundation.

Career prosecutors in Little Rock then closed the case, notifying the F.B.I.’s
office there in two letters in January 2021. But in a toxic atmosphere in which
Mr. Trump had long accused the F.B.I. of bias, the top agent in Little Rock
wanted it known that career prosecutors, not F.B.I. officials, were behind the
decision.



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In August 2021, the F.B.I. received what is known as a declination memo from
prosecutors and as a result considered the matter closed.

“All of the evidence obtained during the course of this investigation has been
returned or otherwise destroyed,” according to the F.B.I.

Jo Becker contributed reporting.







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