Andrew Napolitano says ‘de facto’ special counsel will investigate FBI abuses
In a letter addressed to a trio of Republican lawmakers from the judiciary and government reform committees, Attorney General Jeff Sessions refused to assign a special counsel to investigate allegations of surveillance abuse and corruption from the FBI and Justice Department. Sessions argued that a special counsel is only appointed under “the most ‘extraordinary circumstances,’” and insisted that DOJ Inspector General Michael E. Horowitz and a federal prosecutor from Utah would objectively handle the ongoing legal probe.
While John Huber, the U.S. Attorney for the District of Utah, may not be the special counsel that Republicans demanded, Fox News Senior Judicial Analyst Andrew Napolitano stressed that he may have the same far-reaching authority entrusted to prosecutors like former FBI Director Robert Mueller. Depending on how Huber is employed, Napolitano believes that Utah attorney may be a “de facto” special counsel with the power to issue subpoenas and impanel a grand jury.
New sheriff in town
According to the judge, Huber was appointed to investigate a litany of abuses from the DOJ and FBI dating as far back as 2015. Napolitano enumerated his duties during a discussion on Fox and Friends:
The attorney general appoints the chief federal prosecutor for Utah to investigate three things. The exoneration of Mrs. Clinton before all the evidence was in. The exoneration of President Clinton and Secretary Clinton on Uranium One before all the evidence was in and the abuse of FISA by the FBI and the DOJ.
Records show that former FBI Director James Comey, who was responsible for investigating Hillary Clinton’s unauthorized use of a personal email server in 2015 to 2016, drafted a memo effectively exonerating the Democratic presidential candidate months before interviewing her and other key witnesses in the investigation. Text messages captured between disgraced FBI employees and lovers Peter Strzok and Lisa Page indicate that Attorney General Loretta Lynch knew in advance that Clinton would be pardoned for her crimes.
Huber will also look into allegations that Moscow sent millions of dollars to the Clinton Foundation to compel then-secretary of State Clinton to rubber-stamp the sale of 20 percent of U.S. uranium reserves to a crooked Russian energy firm. An FBI informant testified to Congressional committees that the Kremlin hired the services of an American lobbying firm to influence the Obama administration and Clinton into accepting the controversial deal.
Finally, the Utah-based federal prosecutor will explore whether or not the FBI and DOJ broke any laws during the clandestine wiretapping of a Trump campaign aide. As detailed in the now infamous memo authored by Rep. Devin Nunes (R-CA), Obama-era investigators used a politically-motivated dossier comprised of false information that was supplied by Russian operatives to convince judges to sign off on the electronic monitoring.
Get out of Dodge
Napolitano explained how the federal prosecutor assigned by Sessions has been granted legal authority and prosecutorial limits that are strikingly similar to that of a special counsel. Referring to Huber, Napolitano said:
So this guy is in Utah. If he comes to Washington, D.C., and gets a half-dozen federal prosecutors assigned to him and a dozen or so FBI agents assigned to you him — He is a de facto special counsel. He’s doing what needs to be done. He’ll empanel a grand jury. They’ll present evidence to the grand jury. The grand jury will issue subpoenas. If the subpoenas don’t work, he’ll go to a federal judge and get a search warrant.”
Despite his broad jurisdiction, Napolitano worries that Huber may be rendered impotent by his distance from the D.C. Beltway. Judge Nap believes that it is crucial that the Utah Attorney establish offices in Washington.
“If he stays in Utah,” the Fox News correspondent posited, “he cannot impanel a grand jury in Utah to examine something that happened in D.C. All the evidence is in D.C. You’re examining NSA, FBI, DOJ, present, and past. The Utah grand jury does not have jurisdiction over events in D.C.,” Napolitano surmised.
Americans will have their answer soon, depending on if Huber relocates the nation’s capital. If he stays out West? “He will be toothless if he stays in Utah,” Napolitano concluded. “I’ve never heard of an effective criminal prosecution without a grand jury. You present evidence to the grand jury. You get the grand jury to issue a subpoena.”
Source:>>>>>>>>>>>>>>>Here
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