935 Pennsylvania Avenue N.W Washington, D.C. 20535-0001
Sir, I am writing regarding your public statement in July, 2016 informing the American people that the FBI investigation of Hillary Clinton was being closed without referring it to a Federal Grand Jury or the Attorney General of the U. S. for a decision whether or not to indict her. Strangely, you eloquently laid out enough of the evidence deduced from the investigation to strongly indicate there was abundant evidence uncovered during the investigation and interview of her to not only indict but to convict her in Federal Court. However, you personally re-worded and soft-pedaled the actions she took as Secretary of State describing her actions as "extremely careless” in using a personal email and un-secured server for her communications while Secretary of State. You rewrote the statute, which is not your job.
As a retired Special Agent of the FBI, I have standing to write this letter. My thirty years in law enforcement, including 22 years as a Special Agent with the FBI have given me the knowledge, expertise and experience to question and confront you for your perplexing actions, which (as you well know) were outside the normal standard operating procedure of the FBI and Federal judicial procedures. Some of the finest people in the world proudly carry the credentials of FBI Agent and you have soiled them and not allowed them to speak. But I will not be silent.
Sorry, but NO SIR, MS Clinton was not merely careless or extremely careless. She was not even negligent or grossly negligent (as the statute requires). Hillary Clinton was knowingly purposeful in her decisions and actions to set up a server under her exclusive control and possession in order to control what information was available to the American public and Congress regarding her actions as Secretary of State. Furthermore, she took those government owned communications into her personal possession after leaving her position and knowingly and willingly attempted to destroy them so her nefarious actions could never be known or used as evidence of her corrupt moral character against her. Sir, what possessed you? Did you cave in to political pressure to unilaterally come to this decision? I fear that is the case, and Rule of Law be damned. I am embarrassed for and ashamed of you. You have set a precedent that can never be rectified….and certainly not justified. Shame on you, Sir. You ought to resign right now in disgrace for what you have done to tarnish the reputation of the finest Law Enforcement Agency in the world…. for entirely political reasons.
Normally, an investigation will be assigned to an agent, or team of agents with one being the Case agent, or the lead investigator. When the investigation is complete, an investigative report will be presented to the U.S. Attorney for the Federal District involved. It would be the U.S. Attorney who decides whether to decline prosecution for that investigation….NOT the FBI agent. But in the Clinton investigation, YOU
(unilaterally) decided not to forward the investigation to the U.S. Attorney or the Attorney General of the U.S. but, instead, personally made the decision not to prosecute her or even provide the information to a Federal Grand Jury. You were wrong to take this upon yourself. Sir, in order to indict a subject, only a preponderance of evidence , or 51% is needed for probable cause to exist. You did not think even that level of probability existed? Who do you think you are fooling? What judicial proceeding did you think you were following?
Throughout my years with the FBI, I (along with my fellow agents) took great pride in conducting each investigation in an unbiased manner regardless of the subject’s position or standing in the community. All were treated equally under the law. But you, Sir, decided to allow this corrupt, evil and nasty human being to go free and unchallenged for her treasonous actions (yes, treasonous, in my opinion) which threatened the security of this nation. Furthermore, you stopped short of investigating the Clinton Foundation as a RICO case (Racketeering Influenced and Corrupt Organization. This is a RICO case if there ever was one. Even an untrained person can tell from the communications which were recovered that Hillary Clinton spent more time working for the Clinton Foundation while Secretary of State than on State Business. It may be argued that Hillary did not do any State business UNLESS the Clinton Foundation benefitted. You decided to just let this uncomfortable truth alone without addressing it.
I will conclude with this: Following my retirement from the FBI, I volunteered for a 12 month tour of duty in Afghanistan as a Law Enforcement Professional, embedded with U.S. forces as a subject matter expert in counter-terrorism investigations. For most of that year I operated “outside the wire” patrolling with the troops, interviewing witnesses to IED incidents and gathering evidence on the bad guys. The results of my work would then be reported through secure channels to the Commanding Officer. All reports and communications were required to be transmitted via secure and encrypted devices. Occasionally my remote location in the mountains of Afghanistan made transmission impossible and I would have to fly back to Bagram Air Base in order to securely report to the Commander of the battle space. It would have been convenient if I could have just called the Commander on my personal cell phone or written him an email on my personal laptop. But, had I done so I would have been reporting classified information via an unsecured device and it could have been compromised. These were, relative to Secretary of State communications, low level classifications of Secret. Had I ever sent even one in such a manner I would have been prosecuted and sent to Federal Prison for 20 years or so. That is how serious this violation is considered.
Now, because of you, Hillary Clinton is allowed to continue her RICO activities and is running for President of the United States, the most powerful position in the world. You have trampled on the Rule of Law and destroyed the trust of the American people in the FBI and in unbiased enforcement of the law. How do you sleep at night? It is time for you to go and work for the Clinton Foundation.
Hugh W. Galyean
(FBI Agent, Retired)