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JAMES COMEY…ANDREW MCCABE…PETER STRZOK…WHERE’S THE INDICTMENTS?

Former, FBI Director James Comey; ADIC Andrew McCabe; ADIC Peter Strzok et al, should have been indicted by now…why haven’t they??

As the phony Mueller Counterintelligence Investigation drags on, why haven’t these 3 key players in a major Obstruction of Justice, Hobbs Act-Political Corruption, Theft of Government Property, Perjury cases and many more serious, substantive, Criminal violations, been indicted?

A temporary AG can certainly Direct the FBI to file charges against these 3 heroes, just on their own admissions on National Television. An admission to stealing documents and leaking info on an open case by Comey and McCabe is certainly PC to indict!

The Obstruction and Corruption charges evolve from the Clinton “matter”. Violating written FBI Rules to intentionally lessen the obvious intent to commit crimes is Obstruction/Political Corruption. These three intentionally subverted FBI, DOJ Rules and Regs that are etched in stone and intentionally violated the Federal Rules of Criminal Prosecution to subvert, undermine and cripple a major FBI investigation.

Allow me to explain some of the egregious things these FBI “Agents” intentional did to minimize Hillary Clinton’s appearance of criminal intent . They tried to down play the  significance they wanted the public to believe that the FBI placed on the Clinton investigation by going along with AG Lynch (another subject) calling the crime  a “matter”. Another example would be changing the wording used in Comey’s “prosecutive opinion” from negligent to careless in the attempt to “help” Hillary and not the government and country, to whom he swore allegiance.

Normally a FBI Supervisor assigns a case Agent to a case. The case Agent is responsible for producing; the title for the case, description of the crimes, name of subject(s) or UNSUB if unknown, Office of Origin (OO) and Fugitive status if applicable. In almost 30 years in the FBI working many major criminal cases, including multi office investigations, including several  “Specials” which are like the “Oklahoma City Bombing”, which I also worked…I never saw a criminal case with Headquarters as OO. I brought Tim McVey’s father to Oklahoma City to see if I could get Tim to talk through his father…no luck. The case Agent of this Case was an experienced  brick Agent from the security Squad, not an ADIC. My long time friend from the NYO Danny Coulson ( DOC), the Hostage Rescue Team’s first Hondo, was an ADIC ,on scene with other ADICs and SACs “supervising”. This case, with 300 + people killed,  was much more important than the Hillary criminal case. The difference was, the FBI Director  during the Bombing case, had nothing to hide, no horse in the race but Comey, the FBI Director during the Hillary case, apparently did!

Headquarters does not have the manpower to act as OO in an investigation. They would have to draw on WFO ( Washington Field Office) and other close Field Offices for investigators. HQ is designed to Supervise. Theoretically, ADICs are supposed to be too important to do interviews and investigate, as they provide overall supervision and avoid being placed in a position to have to testify because they would be forced to be available to testify for weeks if necessary. I never saw a case where the ADIC from HQ was Case Agent and performed interviews for the reasons I just stated. Some will tell you, many ADICs are not experience enough in criminal cases , like Strzok and McCabe, to run a big criminal case. They wouldn’t even know when to administer Miranda rights and that I’ve seen firsthand. ADICs supervise…period!  FBI HQ is supposed to make sure that the FBI Field Offices follow and obey FBI and DOJ Rules, and that Title 18 US Code, are all followed…and not break the very Rules and Laws that we are supposed to follow and enforce!

The subject’s name ALWAYS belongs in the title. It defines who is being investigated! So if Hillary isn’t the subject in her Destruction of Government property and multiple other violations…who the hell is? She is the person under investigation. I ask…”Who is the subject in the Hillary Clinton investigation”? It’s Hillary and there are no “Criminal Matter” investigations in the FBI…never have been and never will be! To intentionally misname an FBI Title is to intentionally violate FBI Rules and is an overt act to minimize the significance of the real subject, Hillary…why? I would love to cross Strzok or Comey trying to explain why Hillary wasn’t the subject of her investigation!

The FBI Rules on who can be present in an FBI interview are hard and fast and etched in stone because everyone in the interview room becomes a witness. Consequently, prosecutors (AUSAs), other witnesses and defense attorneys are not allowed in the interview room. In Hillary’s case from what has been reported, Comey would have known for sure who he allowed in…and he broke every interview rule we have, without any doubt… Comey allowed in 4 or 5 defense lawyers and Cheryl Mills, who was another witness, an attorney and main Subject. If she wasn’t a named subject, that’s another intentional overt act to intentionally subvert the investigation.

Hillary would have never been interviewed by me or any other experienced criminal Agent I ever worked with without being told her rights! We would not have put her under oath. That’s what the Grand Jury does…not FBI Agents. Lying to an Agent when not under any oath …is the crime…lying to a Grand Jury, under oath, is perjury. Lying under oath to Congress is probably perjury.

From what was reported of the interview, Hillary was asked by Strzok if she received any training on Classified Information”, she reportedly said , “No”. That’s  an outright lie. Her Non Disclosure Agreement is prima fascia evidence against that false statement. That answer alone is enough to indict, try, and convict her on several charges!! Further , why didn’t Strzok challenge that answer by showing her the NDA she signed, acknowledging being advised of the do’s and don’ts and punishment for violating her NDA? His not doing that is nothing short of malfeasance and intentionally subverting an interview.

Remember J. Edgar Hoover always responding, “No comment”, when asked about ongoing investigations? There is a reason. That reason is that any FBI Agent comments on open cases can be used as evidence in a case either for or against a subject and muddies the water in cases that are already big and complicated…so the FBI and DOJ agreed that the FBI will only announce arrests and info related thereto and the USA’s Office will release info on prosecuting. No FBI Agent nor FBI Director can publicly make any statement about guilt , innocence, or whether or not there should be an indictment or prosecution for any pending case…period, even if the FBI Director believes he is a form of Christ, like Comey apparently believes. It also violates the Federal Rules of Criminal Procedure.

INTENTIONALLY WITHHOLDING EXCULPATORY OR OTHER PERTINENT EVIDENCE FROM AN APPLICATION FOR ANY WARRANT…ARREST, SEARCH, SEIZURE, OR WIRE TAP, TITLE 3 OR FISA, IS A FELONY!

The fact that the well known Dossier was bought and paid for by Hillary Clinton is extremely pertinent when we consider that it was the PRIMARY evidence for the application for the FISA wiretap. The disclosure that it was purchased by a politician is insufficient and no Federal Judge I ever presented an affidavit to for any warrant would accept that as satisfactory, especially since it was for an application for a FISA Wire. A US Citizen is protected by Federal Law from being the subject of a FISA Warrant and by law, specific precautions must be taken, to protect the Citizens right to privacy and presumption of innocence. No Federal Judge would have signed a warrant for a FISA warrant on Carter Page, had he known that the Dossier was “salacious and unsubstantiated” and paid for by Hillary Clinton. Rod Rosenstein, Sally Yates, McCabe, Strzok and Comey all knew that and signed the warrant applications anyway because the FISA Court ordered them to as the court didn’t trust the FBI or DOJ and had chastised both the FBI and DOJ in the past for withholding information vital to FISA warrants! All Federal Felonies!

Where are the indictments?

The fact is that former FBI Director Comey admitted he knew that the Dossier was , “unsubstantiated and solicitous”, in January 2017. He then lied that he did not know the Dossier was used as the primary PC for the warrant Application… another Felony. If the Dossier was “unsubstantiated and solicitous” in Jan 2017 , it was “unsubstantiated and solicitous” when he  Rosenstein, Sally Yates, McCabe ,Strzok and anyone else, signed the warrant!!!As an Agent ,that is a gift! If you can’t get more than ONE of those arrogant losers to roll and deal…you don’t deserve to be an FBI Agent!

Strzok and McCabe under the supervision of Comey, fabricated a Counterintelligence case using,  in my opinion, “fruits of the poison tree”, the FISA warrant. They did that  to prevent Trump from winning and just in case he did win, to remove him… a duly elected, sitting president and for no other reason. That is Treason, Criminal Obstruction, Conspiracy,  Sedition, besides unethical, immoral and these 3 stooges must be charged for their violation of our law and our trust!

There are two ways for FBI Agents to report investigation results and interviews; FD302s and Inserts, These documents are the foundation and guts of all FBI reports to the USA’s Office when presenting a case and all evidence. FD 302s are considered evidence (3500 material), inserts report non essential information and the notes thereof, are Best Evidence and subject to Best Evidence Rules. Notes must be placed in sealed 1A evidence envelopes and maintained under Chain of Custody Rules, in the evidence vault… signed in and signed out and produced at trial.

FD302s must be produced from the notes within 5 days. Failure to do so is subject to severe reprimand as it violates FBI evidence Rules. Cases are thrown out of court for sloppy handling of document evidence all the time! It’s serious. Do you think Strzok McCabe and Comey may have violated any of these Rules/Laws, by using a personal computer or taking notes /documents home and then giving them to a friend to intentionally leak them to the press to influence an investigation or Strzok taking 4 months to transcribe his 302s?

In my opinion Strzok and McCabe were both used by Comey and if and when Comey is charged or close to it, he will throw ALL those he implicated under the bus. If McCabe and Strzok are smart, and I have my doubts, they will both come clean and look for a deal as I would push for a deal with one of them, not both…either one… it doesn’t matter. Either is enough with everything else to nail Comey…and unless Obama orders Comey killed through his black ops, Comey can burn Lynch, Rosenstein, Mueller, Holder and …OBAMA!!!

Mueller is probably trying to get either McCabe or Strzok to lie about Trump, but there’s nothing there and before they do they might want to remember…President Trump is the ONLY ONE who can Pardon and/or restore a pension and grant immunity. Mueller can’t do any of the above. He has to ask the AG to grant immunity. That’s another issue as well.

 Any grant of immunity I was ever involved in for a witness/subject required a proffer, honest testimony before a Grand Jury and was voided if the subject lied to me or the GJ.

Who was put before the GJ of Hillary’s staff? Cheryl Mills? Podesta? Sullivan? Abedine?  WHY NOT?

About the author

J. Gary DiLaura

J. Gary Dilaura, a 28 year veteran of the FBI, spent his career in South Carolina, the New York Office, and Buffalo. Active in the FBI’s Violent Crimes Program, finishing his career as Bank Robbery Supervisor. He received Commendations from every FBI Director he worked for and after retiring he became a Businessman and 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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  • Thanks for reading my column; Lies, leaks, theft, “unsubstantiated and solicitous”,creating phony Counterintelligence case, and other crimes are from the lips of Comey, Strzok and McCabe testifying and running off at the mouth trying to show us how smart they are and their emails. Understanding the Federal Rules of Criminal Procedure, FBI Rules and Regulations, from my personal knowledge of the FBI and the FBI Handbook all Agents were provided(3 decades of personal knowledge) and United States Code, Title 18 , read it ,you’ll learn a lot ! Also from actually participating in numerous warrant applications, Title 3’s, trials, investigations and having worked, side by side with many real Agents who went on to become top ranking FBI Officials SACs and ADICs like Coulson who appears on FOX as contributor on a regular basis. FBI Agents and FBI Directors cannot do what these 3 stooges did…pure and simple. The inexperience of Strzok and McCabe as criminal Agents came from their exclusivity working as Security Agents and allowed Comey to use them. Comey would never have gotten any Agents I worked with to do what he got these stooges and others to do! .I can tell without any personal knowledge that neither worked many Criminal cases….real Agents, even a corrupt one, would not expose himself to what they did on the FISA Applications. The paper trail is slam dunk! It takes many years of Criminal Experience to be able to run a case like the Clinton email case, not because it was a difficult investigation…the subject made the case with her paper trail…but because you must know the laws and Rules and Regs that apply and that only comes from experience. You cannot read a book and do it. Giving immunity without the proper steps (proffer, GJ Testimony, etc) is a dead giveaway that something is rotten and amateurish…you just can’t do that. So why did they?

    • If you would be so kind sir to contact me directly on messenger Ronald Caldwell I am in Oklahoma City OK. I need some guidance please. Send a friends request and contact me ASAP. You wont believe an entire court had to cheat to place me in harms way literaly trying to have me killed. I can prove it. I cannot believe the trust we bestow is so blatantly abused by their knowing they have some immunity. SICKENING. The FBI is involved #KNOW they committed Conspiracy to deprive Rights violations a 10 year sentence for them. I am writing a Demand Letter and Notice of Intent to sue. Tort in Oklahoma is capped @$175k per. BASTARDS!!!!!!!!!!!!!!!!

  • Where is AG bill barr on this stuff, these people are guilty of conspiracy, hanging would be appropriate, we are tired of talk about all of this, action is what need no more talk, the president has the power to appoint a special prosecutor right now!

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