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At his now infamous July 5, 2016 press conference during which he exonerated Hillary Clinton, former FBI Director James Comey said that “no reasonable prosecutor” would bring a case against her for mishandling classified information. That is, except for the FBI’s top lawyer, James Baker.
Rumors were circling at the time that there was disagreement among FBI leadership about whether or not to charge Clinton.
Baker testified in October at a closed hearing before Congressional investigators. Although the transcripts from this hearing have not been made public, Fox News has confirmed the relevant portions. Fox also reported that “
Baker’s testimony was considered thorough and highly credible by those in the room.”
Contrary to James Comey’s claim that the FBI’s decision not to charge Hillary Clinton was unanimous, Baker’s testimony tells us otherwise.
Baker: Pursuant to the statutes that we were considering at the time, it was the nature and scope of the classified information that, to me, initially, when I looked at it, I thought these folks should know that this stuff is classified, that it was alarming what they were talking about, especially some of the most highly classified stuff.
Unidentified lawmaker to Baker: I have reason to believe that you originally believed it was appropriate to charge Hillary Clinton with regard to violations of law — various laws with regard to the mishandling of classified information. Is that accurate?
Baker: Yes.
Lawmaker: And I understood that, that you had to be persuaded, and stated as a basis that ultimately you were persuaded there was a lack of evidence establishing knowledge or criminal intent, correct?
Baker: Yes.
Lawmaker pressed Baker on when exactly he changed his mind.
Baker: Sorry. Pretty late in the process, because we were arguing about it, I think, up until the end.