Featured Opinion

McCabe’s notes belong to the FBI, not Mueller

The Right Side

By J GaryDiLaura

FBI Retired

Andrew McCabe is now doing what he has done numerous times, under the tutelage of his former boss, James Comey, leaking documents and  information which is in violation of the law.

Every note, memo, FD302 that was created by McCabe belongs to the FBI, period! Section 2071 USC was written to preclude people like Comey and McCabe from keeping documents and evidence that belong to the FBI, as “best evidence”.

Notes belong in FBI 1A Evidence Envelopes and not his sock drawer at home. That’s why we wrote numerous times, as recent as last week, that FBI Criminal Cases should have been opened on all DOJ current employees whose names appear on Carter Page FISA documents and who were named by the Congressional Intelligence Committee as deceiving the FISA court!

We also wrote that all those current DOJ employees should have been named as subjects of Admin Inquiries, and that McCabe should be fired and the others “suspended” and placed on admin leave (with pay) pending an FBI investigation! That would have precluded what is now happening, Mueller trying to make these criminal, non Russian collusion acts a part of his plot to get the president.

We anticipated what was going to happen when McCabe was fired and those employees suspended: Evidence will disappear, be tampered with and stories will be solidified. We wrote that going back well into last year and as recent as last week!

DOJ, the FBI, should have, with a criminal case opened on McCabe, obtained a search warrant for McCabe’s house, cleaned out his office, like Pres. Trump did when he fired Comey, to try to obtain anything, including McCabe’s computer, that could be evidence of a crime!

Apparently, that wasn’t done, at least I doubt that it was done or the FBI would have had his notes, that were illegally, still in his possession! That’s what happens when DOJ deviates from the norm and doesn’t allow the FBI to do its job! This would not have happened with a strong AG and no Special Prosecutor!

McCabe again has shown his total disrespect for our rule of law by taking and carrying away evidence. Documents like that are the property of the FBI, not McCabe or Bob Mueller.  Robert Mueller had no business obtaining what Sessions should have obtained, but Rosenstein may, if he hasn’t already, back date a directive to McCabe to turn over whatever, to “cover” Mueller.

I don’t know who the hell is advising the president, but he/she/they/ must be idiots. The president should have already taken steps and fired McCabe and suspended the rest, Peter Strzok, Lisa Page, Rod Rosenstein, Bruce Ohr and other current employees named by Congress as having been a part of the deceiving of the FISA court! What does it take? Why is there a Congressional Committee if we ignore their findings?

Read the freaking laws, the president is the boss. Who the hell cares what Chuck Schumer says? If the president is that afraid of Schumer, put him on as an advisor and add Maxine Waters, she’s smarter that Schumer!

By the law, by the US Constitution, by precedent, by the constitutional law expert opinion of Professor Alan Dershowitz, a Democrat, the president cannot be charged with obstruction by fulfilling his constitutional mandate as chief lawman of the US! He is the boss of “all” government employees and that includes Mueller!

When he believes something is not right with an agency or employee, don’t tweet it, fix it!

Mr. President, as I have suggested a dozen times before, suspend Rosenstein, pending investigation and put the Mueller circus on a “temporary” hold until the president (that’s you) can appoint a replacement for Rosenstein. I believe Rosenstein has violated several laws, apparently so does Congress; and was part of the Conspiracy with Comey and Mueller to secure a special prosecutor with Mueller to “get” the president.

If Rosenstein is allowed to continue, I believe he will help Mueller take over “everything”, including the FISA court debacle and the presidency will be in Rosenstein and Mueller’s hands. Remember the plotting Strzok, Page, McCabe talked about?

If that’s what you want… don’t do anything!


About the author

J. Gary DiLaura

J. Gary DiLaura

J. Gary Dilaura, a 28 year veteran of the FBI, spent his career in Charleston, SC, New York City, and Buffalo, NY. He was active in the FBI’s Violent Crimes Program, finishing his career as Bank Robbery Supervisor. He also worked White Collar Crime and some well known cases including the Oklahoma City Bombing & the Al Pacino, Dog Day Afternoon Bank Robbery. He holds a degree in Engineering, and established and ran the FBI’s Environmental Crimes Program for the Western District of NY. He received numerous Commendations from every FBI Director he worked for. After retiring from the FBI, he became a successful Construction Contractor/Businessman and a Conservative, OpEd Columnist, "The Right Side", for several publications including, the Niagara Falls Reporter and the Ft Myers, Sun bay Paper. Visit his website at therightsidejgarydilaura.com .

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