NEW YORK – Former U.S. Attorney Joseph diGenova is confident Department of Justice prosecutors have convened a grand jury in the Hillary Clinton email case, based on comments from Attorney General Loretta Lynch.
Lynch was interviewed Monday on Fox News’ “Special Report with Brett Baier.”
DiGenova, who was U.S. attorney for Washington, D.C., for four years, during which time he handled cases involving international drug smuggling, espionage, insider trading, public corruption, the Racketeer Influenced and Corrupt Organizations Act and more, also told WND he was confident the FBI is in the process of developing a solid criminal case against Hillary Clinton.
If there’s no prosecution, said diGenova, who served as chief counsel for the Senate Rules Committee as well as counsel to the Senate Judiciary, Government Affairs and Select Intelligence committees, there will be “an eruption you cannot believe” within the intelligence community.
“Yesterday, when Brett Baier asked Attorney General Lynch whether there was a grand jury in Hillary Clinton’s email case, she did not deny a grand jury had been convened,” diGenova pointed out. “If no grand jury had been convened, Attorney General Lynch could easily have denied a grand jury had been convened without violating grand jury secrecy.
“Based on Lynch’s refusal to deny a grand jury had been called in Hillary’s case, I’m convinced a grand jury has already been called and is at work in the State Department email case,” he said.
Hillary at the top of the pyramid
DiGenova further noted that Lynch, in the interview with Baier, confirmed the FBI is working with “career independent lawyers” at the Justice Department, providing what diGenova took to be additional confirmation the grand jury convened in the Clinton case was actively at work issuing subpoenas.
“Based on this and other information I have been given, I not only believe a grand jury has been convened in Hillary Clinton’s email case, I also believe that grand jury is actively at work, with the FBI interviewing people in the case and the grand jury subpoenaing witnesses to testify,” he added.
“It is routine in an FBI investigation to interview lower- and mid-level people in a case to get documents and records from them before you ever approach senior individuals like Hillary Clinton, or her top assistants at the State Department, including Huma Abedin and Cheryl Mills,” he continued.
“Hillary Clinton, Huma Abedin, and Cheryl Mills would be at the top of the pyramid of the investigation and they would be approached only at the end of the investigation, after all the other people in the case have been interviewed and all available documents and records obtained,” diGenova explained.
“I believe the FBI is proceeding in the traditional way with Hillary’s email case, by working their way up the pyramid, from the lower people all the way up to the top.”
A tale of two investigations
DiGenova explained to WND there are two FBI investigations going on simultaneously, with the first one involving Hillary Clinton’s private server and possible violations of the national security laws regarding the handling of classified information.
The second investigation involves what Justice Department prosecutors call an “official acts” investigation, regarding a possible correlation between “official acts” performed by Hillary Clinton as secretary of state, her office and the State Department, and large donations made to the Clinton Foundation by countries, corporations and individuals.
“The second investigation is more complex, more document-oriented, more subpoena-oriented investigation, but it is clearly underway,” diGenova said.
“The inspector general at the State Department has started a similar, parallel investigation to determine whether or not official acts were committed by Secretary of State Hillary Clinton and her staff in exchange for contributions to various Clinton Foundation initiatives,” he added.
“The nexus between the ‘official acts’ and contributions to Clinton Foundation initiatives is becoming so clear and the evidence has convinced me that if the Justice Department has not already convened a grand jury, there is no doubt there’s corruption within the Justice Department,” he insisted.
“With regards to the first investigation, when you set up the private server in the Clinton home in Chappaqua, for use solely of Secretary Clinton’s government communications, she knew that classified information inevitably would come through that server,” diGenova stressed.
“When Hillary Clinton set up the server, she therefore had the intent to transfer classified information in a non-secure network, and she thereby automatically violated the statute that makes it a crime to store and maintain improperly classified documents,” he continued.
“In addition, knowing that you have a private server, you of course are naturally going to take off the markings that show a document is classified, because you know you cannot have those documents with the security markings on that private server system,” he said.
“The taking off of the security markings is in and of itself a crime in that the removal of classification is a felony. Then transmitting the documents without security markings on the server is another felony,” diGenova detailed. “You don’t need any more evidence of criminal intent other than the establishment of the private server initially and the stripping of the classification markings later.”
‘An eruption like you cannot believe’
“The criminal case against Hillary Clinton is a no-brainer,” he concluded. “If people are not prosecuted for this server, there will be an eruption like you cannot believe within the intelligence community.
“The evidence there will be an eruption comes from Michael Hayden, former director of the CIA and the NSA, who when being interviewed in August, said the ‘original sin’ of creating Hillary Clinton’s private server as the sole communications device for the secretary can never be fixed,” he said with determination. “That starts it and ends it – it’s over – the original sin of the private server creates the crime and ends the investigation. The rest is icing on the cake.
“You cannot believe what is going on in the intelligence community,” he added. “They are going crazy – there is going to be a revolt like you have never seen if people are not indicted for this.”
DeGenova was appointed in 1992 as independent counsel in the Clinton passport file search matter. He later was appointed to be chairman of the grievance committee of the D.C. district court and in 1997 was named special counsel by the U.S. House to probe the International Brotherhood of Teamsters.
In 2007, diGenova was retained by the New York state senate to investigate then-Gov. Eliot Spitzer in the Troopergate matter. He led the prosecution of Israeli spy Jonathan Pollard and was the principal assistant U.S. attorney during the prosecution of attempted presidential assassin John W. Hinckley.