Whens lunch said:
I'm confused.... I keep seeing remarks about the FBI not charging Clinton. I thought the FBI did the investigating and the Attorney General then decides whether or not to charge/convene a grand jury. Then you may get your indictment.
Was any of this Comey's decision to make? Didn't he just overstep his authority and do the Attorney Generals job. Of course, if I remember correctly, Lynch had conveniently recused herself prior to Comey's overreach.
Who was actually supposed to make the call with Lynch recused?
Someone out there please correct me, if I'm way off base.
The fallout of the tango on the tarmac spun events OOC. Read Lisa Page's testimony. It was already determined that no charges would be brought against Clinton in early May, 2016, at the latest. Comey was already circulating his draft statement that he eventually read at the July 5th presser. Page also testified that early on, the DOJ was essentially blocking the FBI from gaining access to the laptops of Cheryl Mills and Heather Samuelson. They were Hillary's lawyers who sorted out her personal emails from her State Department emails (supposedly) and the FBI thought they might be able to recover the deleted emails forensically. DOJ for whatever reasons, were very slow to move on that request, nearly six months.
Page also testified extensively that there was a back and forth with DOJ over the statute in question, 18 U.S.C. 793(f) being unconstitutional in the view of DOJ and thus it would be against DOJ rules to even bring the matter before a grand jury for the purposes of indicting her. (However, that same 'unconstitutional' statute was used to issue search warrants and subpoenas.)
So, in a nutshell, the FBI was informed that DOJ was not inclined to prosecute early on, no matter what.
But then the Lynch/Bill tango on the tarmac hit the news. The appearance of impropriety was too great and Lynch kind of semi-recused herself but not really. Had she fully recused herself, her deputy, Sally Yates would presumably take the lead. But Comey intervened, improperly and against DOJ Guidelines.
So you have every reason to be confused. It was a mess.