On Thursday, MSNBC’s Lawrence O’Donnell appeared on Morning Joe to dissect Hillary Clinton’s lucky break from the FBI. What struck O’Donnell was the notion of precedent, or a lack thereof, in finding a single similar case that supported criminal charges for Clinton’s private server. Unlike FBI Director James Comey, MSNBC’s O’Donnell believed the plea and pardon of former CIA Director John Deutch in 2001 could pass as precedent.
LAWRENCE O’DONNELL: Well, it’s all about precedent. Right? Everything he said in that statement was about precedent. And he got to say this very important sentence which is, we couldn't find a single case like this that supported criminal charges. Not a single case. And I wondered, well, what if they could have found one? What if there was one? What if he could say, well, there was this one other one. And that would be the case of John Deutch. Which is so similar. CIA director under Bill Clinton. And John Deutch actually reached a plea deal on the misdemeanor of the, simply mishandling of classified information. Mishandling is you're supposed to keep it here in this place and you kept it somewhere else.
Similarities to Clinton emerged as O’Donnell described Deutch’s mishandling of classified information:
O’DONNELL: ... The CIA then sent inspecters to look at his computers at home and that's when they found, oh look, there’s all this classified stuff…He then, it was, it took a couple years, he agrees to a plea deal on Friday. Late in the day so that it's too late to file the please, the guilty plea on a misdemeanor. The next day is inauguration day. That Saturday morning in the white house Bill Clinton issued 140 pardons. Many of them highly criticized, Mark Rich and others. Many of them involved, some of them involved people who were represented by Hillary Clinton's brother. So, this was the scandal that followed the Clintons out the door. But one of those pardons was John Deutch.
MIKA BRZEZINSKI: Mmmmm!
O’DONNELL: John Deutch was pardoned Saturday morning so that Monday morning there were, there was no plea agreement to file. Therefore, on that thin read, you were allowed to—
BRZEZINSKI: Wow!
O’DONNELL: —say the sentence that no one has ever faced criminal charges in a case like this.
How fortuitous. The CIA Director under former President Bill Clinton was prepared to make a plea deal on a misdemeanor crime for the mishandling of classified information, and before the Department of Justice could file a case against him he received a presidential pardon. Timing really is everything.
From the White House, to the State Department, to their basement in Chappaqua, NY, this is yet another classic example of how most journalists aren’t willing to question the claims of the Clintons. Surprisingly, it was the liberal Lawrence O’Donnell who did just that.
View Full Transcript Here:
07-07-16 MSNBC Morning Joe
07:06:45 AM – 07:10:49 AMJOE SCARBOROUGH: Lawrence, you had a fascinating theory about why Comey ruled the way he did without precedent.
LAWRENCE O’DONNELL: Well, it’s all about precedent. Right? Everything he said in that statement was about precedent. And he got to say this very important sentence which is, we couldn't find a single case like this that supported criminal charges. Not a single case. And I wondered, well, what if they could have found one? What if there was one? What if he could say, well, there was this one other one. And that would be the case of John Deutch. Which is so similar. CIA director under Bill Clinton. And John Deutch actually reached a plea deal on the misdemeanor of the, simply mishandling of classified information. Mishandling is you're supposed to keep it here in this place and you kept it somewhere else.
SCARBOROUGH: Right. And he took out of the National Archives--
O’DONNELL: No, no that was Sandy Berger who too documents out of the National Archives.
SCARBOROUGH: Oh, Sandy Berger.
O’DONNELL: Sandy Berger was willful
HALPERIN: Yeah that’s willful.
O’DONNELL: His was willful act.
O’DONNELL: So John Deutch was an innocent act in the sense that the reason we discovered it is when he was leaving the CIA directorship he said you know what, I have these government computers at home and I'd like to keep them because they have some of my personal, financial stuff on them. He, in effect, said to them. As he was going out the door, I mixed stuff up and if I could keep these it could be helpful. That wasn’t even the trigger to the CIA. The CIA then sent inspecters to look at his computers at home and that's when they found, oh look, there’s all this classified stuff. There wasn't a lot, it was a certain amount of classified stuff in the computer. He then, it was, it took a couple years, he agrees to a plea deal on Friday. Late in the day so that it's too late to file the please, the guilty plea on a misdemeanor. The next day is inauguration day. That Saturday morning in the white house Bill Clinton issued 140 pardons. Many of them highly criticized, Mark Rich and others. Many of them involved, some of them involved people who were represented by Hillary Clinton's brother. So, this was the scandal that followed the Clintons out the door. But one of those pardons was John Deutch.
MIKA BRZEZINSKI: Mmmmm!
O’DONNELL: John Deutch was pardoned Saturday morning so that Monday morning there were, there was no plea agreement to file. Therefore, on that thin read, you were allowed to—
BRZEZINSKI: Wow!
O’DONNELL: --say the sentence that no one has ever faced criminal charges in a case like this.
SCARBOROUGH: Unfortunately, for James Comey, though, he knew.
O’DONNELL: No but what he said is correct.
SCARBOROUGH: I know what he said was correct—
O’DONNELL: I, I, I, I—
SCARBOROUGH: --but he knew that Deutch had agreed to a plea deal.
O’DONNELL: I wouldn't be surprised if that gets explored at the hearing.
SCARBOROUGH: I mean how could James Comey. Unless James Comey just wanted an excuse to let her off.
O’DONNELL: No, no—
SCARBOROUGH: How could he –
O’DONNELL: It was a--what he said was true. And I listened to it--
SCARBOROUGH: I understand that.
O’DONNELL: --it was a carefully phrased statement.
SCARBOROUGH: But at the same time he could have also said well John Deutch though did have to plea to this. He was eventually, he was pardoned before the plea deal went in. Because Comey knows that.
O’DONNELL: It's the kind of thing that, it's one of the reasons we don't take questions in that particular announcement and it's one of those things that is kind of forgotten. It’s one of the forgotten stories.
SCARBOROUGH: Well not anymore.
O’DONNELL: I didn't hear anybody say anything about John Deutch all day. And when I was watching, I was just sitting there going, what about John Deutch? What about John Deutch?
BRZEZINSKI: Wow.
MICHAEL STEELE: But this is why people don't trust the decision and they see, you know, rightly or wrongly there is something nefarious or something underneath this. I mean because there is a case. And if you look at, you know, you have the application—
SCARBOROUGH: That’s fascinating.
STEELE: --you have the application of intent when the statute doesn't necessarily require that application. You have the FBI director using the term extreme carelessness when the standard is gross negligence. And, so, in one sense, you know, sort of creating the result that you want, but then laying down in very plain language an indictment at the same time.
SCARBOROUGH: And saying you have no precedent, when Lawrence says actually—
STEELE: You do have a precedent.
O’DONNELL: Well let’s see. I mean, look I give him the benefit of the doubt. I'm prepared to learn something about the difference between the Deutch case and the Clinton case in his testimony today if he gets into those details.
SCARBOROUGH: Let's hope we hear it.
