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PJMcK

(25,050 posts) Fri Jul 1, 2016, 07:56 PM Jul 2016

This is an important distinction in the email investigation [View all]

I've been reading many of the threads about Attorney General Lynch's decision to recuse herself from deciding whether to impanel a grand jury when the FBI concludes its investigation. Too many posters have said that the FBI will decide whether or not to prosecute.

THIS IS WRONG.

The FBI is not a prosecutorial organization, they are an investigative one. It's in their name.

The Department of Justice prosecutors will review the results of the FBI's investigation, including the FBI's recommendations, and then the senior prosecutors, who work under the Attorney General, will determine whether to seek charges from a grand jury.

Normally, those senior prosecutors would make a (strong?) recommendation to the AG regarding the case. What Attorney General Lynch said today was that she would not involve herself in that decision making process and would trust her senior prosecutor's judgment and accept their decisions. She made clear that she was doing this to remove any concern that any decisions for her offices might have been influenced by her meeting with former President Clinton.

It's an extremely important distinction: the FBI investigates and the prosecutors use their judgment and discretion whether there was wrong doing and whether to bring charges.

Sorry, but it's important to understand the process.

35 replies

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This is an important distinction in the email investigation [View all] PJMcK Jul 2016 OP

She's not recusing herself. That premise is completely wrong. floriduck Jul 2016 #1

Please explain PJMcK Jul 2016 #2

To recuse oneself, you remove yourself completely and allow someone else to participate in your floriduck Jul 2016 #5

Absolutely correct. 840high Jul 2016 #7

Please see my response to floriduck (post #8) (n/t) PJMcK Jul 2016 #12

Thanks for your response but it leads to some questions PJMcK Jul 2016 #8

I simply wanted to make the correct distinction regarding recusals. floriduck Jul 2016 #9

We have no argument PJMcK Jul 2016 #10

Thanks you do the same. floriduck Jul 2016 #11

And I enjoyed this reparte as well passiveporcupine Jul 2016 #24

Thank you, passiveporcupine PJMcK Jul 2016 #35

A lot of nothing shenmue Jul 2016 #3

Perhaps you've misunderstood me PJMcK Jul 2016 #4

If you think there is nothing there you simply haven't been paying attention. leveymg Jul 2016 #13

What exactly do you believe is going to happen? KMOD Jul 2016 #15

How so? You have "inside information" about this investigation? George II Jul 2016 #17

Have a nice day. floriduck Jul 2016 #6

I appreciate this post. KMOD Jul 2016 #14

YES, the FBI investigates (ergo the "I" in FBI), the DOJ and prosecutors decided how to use... George II Jul 2016 #16

The lack of Journalism is appalling PJMcK Jul 2016 #18

I actually heard "journalist" Chuck Todd say "eksetera" (phonetically) last week. EK-F-ING-SETERA!! George II Jul 2016 #19

The really depressing thing is that their bosses don't know the difference PJMcK Jul 2016 #21

Remember how David Letterman rued the day that baby bush left the White House? George II Jul 2016 #23

They've become lazy. KMOD Jul 2016 #20

It's worse than lazy PJMcK Jul 2016 #22

It doesn't matter. B2G Jul 2016 #25

Is that how the investigative/prosecutorial process works? PJMcK Jul 2016 #26

It is swamped indeed. B2G Jul 2016 #27

You've expressed that well PJMcK Jul 2016 #28

You as well B2G Jul 2016 #29

No one's going to recommend she be prosecuted because there are no precedents pnwmom Jul 2016 #30

... Crepuscular Jul 2016 #31

Those cases are no precedent for Hillary. pnwmom Jul 2016 #32

... Crepuscular Jul 2016 #33

Nishimura intentionally downloaded classified materials. It was not inadvertent. pnwmom Jul 2016 #34