Exclusive: As the Democrats glumly line up for Hillary Clinton’s belated coronation, the risk remains of potential criminal charges over her Libyan testimony or her careless emails, as ex-CIA analyst Ray McGovern describes.
By Ray McGovern
“Some people think they can lie and get away with it,” said former Defense Secretary Donald Rumsfeld with feigned outrage. And, of course, he has never been held accountable for his lies, proving his dictum true.
The question today is: Will former Secretary of State Hillary Clinton’s Teflon coat be as impermeable to deep scratches as Rumsfeld’s has proven to be?
With the “mainstream media” by and large giving Hillary Clinton a pass on her past, few Americans realize how many Pinocchio faces need to be tacked onto many of her statements. Clinton is said to be “unquestionably” the frontrunner for the Democratic nomination, essentially the presumptive nominee. That is unquestionably true – but only because she has not been questioned with much rigor at all. And on those few occasions when she has been asked hard questions, she has often ducked them.
For example, at the March 9 debate in Miami, Jorge Ramos, the longtime anchor for Noticiero Univision, asked Secretary Clinton whether she would quit the presidential race if she were indicted for putting classified information on her private email server.
She replied: “Oh, for goodness sake, it’s not going to happen. I’m not even answering that question.” [See Consortiumnews.com’s “Is Hillary Clinton Above the Law?”]
Not so fast, Madame Secretary. It is looking more and more as if you will, after all, have to answer that question.
Those “Damn Emails” Again
On Wednesday in Washington, DC, a federal judge issued an order that may eventually require Clinton to testify under oath in a lawsuit related to the private email server she used while Secretary of State.
The judge gave Judicial Watch, a conservative watchdog group, permission to take sworn testimony from close Clinton aide Huma Abedin and others over the next eight weeks. It is possible that Clinton herself will have to testify under oath on the serious email issue before arriving at the Democratic convention in July.
One key issue in question is whether all relevant documents have been provided to Judicial Watch. My guess is that – given lawyers’ propensity, and often their incentive, to secure delay after delay in such proceedings – there may not be much likelihood of all this happening that quickly.
More precarious for Secretary Clinton, in my view, is the possibility that FBI Director James Comey will be allowed to perform a serious investigation and pursue Clinton on sworn testimony she has already given; for example, on whether she was aware of an operation run out of Benghazi to deliver Libyan weapons to rebels in Syria.
During her marathon testimony on Oct. 22, 2015, to the House Select Committee on Benghazi chaired by Rep. Trey Gowdy, R-South Carolina, Rep. Mike Pompeo, R-Kansas, was very specific in his questioning, leaving Clinton little wiggle-room:
Pompeo: Were you aware or are you aware of any U.S. efforts by the U.S. government in Libya to provide any weapons, directly or indirectly, or through a cutout, to any Syrian rebels or militias or opposition to Syrian forces?
Pompeo: Were you aware or are you aware of any efforts by the U.S. government in Libya to facilitate or support the provision of weapons to any opposition of Gadhafi’s forces, Libyan rebels or militias through a third party or country?
Did Secretary Clinton think we were “born yesterday,” as Harry Truman used to say? From what is already known about the activities of the U.S. “mission” and “annex” in Benghazi and the role played by the late Ambassador Christopher Stevens there, it seems quite likely that Clinton perjured herself in answering No.
And I believe this will become quite clear, if the FBI is allowed to pursue an unfettered investigation – and even clearer if the National Security Agency shares the take from its dragnet surveillance.
But those are big IFs. If I read President Barack Obama correctly, he will be more inclined to tell Attorney General Loretta Lynch to call off the FBI, just as he told former Attorney General Eric Holder to let retired General (and CIA Director) David Petraeus off with a slap on the wrist for giving his mistress intelligence of the highest classification and then lying about it to the FBI.
As for Clinton, perjury is not the kind of rap that she would welcome as she pursues the presidency. Trouble is, not only FBI investigators but also NSA collect-it-all snoopers almost certainly have the goods on whatever the truth is, with their easy access to the content of emails both classified and unclassified. [See Consortiumnews.com’s “Hillary Clinton’s Damning Emails.”]
Sadly, Comey and his counterparts at NSA are likely to cave in if the President tells them to cease and desist. Indeed, like legendary FBI Director J. Edgar Hoover, they may relish the prospect of being able to hold their knowledge of Hillary Clinton’s possible perjury and other misdeeds like a sword of Damocles over her head if she becomes president.
Thus, unless another patriot with the courage of an Edward Snowden or a Daniel Ellsberg recognizes that his primary duty is to honor his/her oath “to support and defend the Constitution of the United States against all enemies foreign and domestic,” and acts accordingly, the country could end up with a compromised President beholden to Hoover’s successors and the NSA sleuths who “collect everything,” including the emails of the Secretary of State – and those of the President.
Those at the FBI and NSA with the courage to consider whistleblowing need to be aware of the proud tradition they would be joining. The first recipient of the Sam Adams Award for Integrity in Intelligence (2002) was Coleen Rowley of the FBI, and in 2004 the award was given to FBI analyst and translator Sibel Edmonds.
As for signals intelligence, no fewer than four Sam Adams whistleblower awardees have come from NSA and its British counterpart GCHQ: the UK’s Katharine Gun (2003), and three from NSA itself – Thomas Drake (2011), Edward Snowden (2013), and William Binney (2015).
More distinguished company among people of integrity would be difficult – if not impossible – to find. In a few months, we will be considering nominations for the award to be given in 2017.
Ray McGovern works for Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington. He served as a CIA analyst for 27 years and is co-founder of Sam Adams Associates for Integrity in Intelligence (SAAII) and Veteran Intelligence Professionals for Sanity (VIPS).