[Ed. – McCarthy issues the usual prudent caveats here, but he thinks there must be a grand jury either already convened, or envisioned to be convened shortly — if the WaPo story is accurate. It’s an interesting question. Although the FBI investigators are presumably acting in good faith, there’s no reason to think Lynch or Obama is. If there were a grand jury convened already, in secret, what would we be supposed to make of that? Will we be told if one is yet to be convened, and then is? There’s no reason why this has to be a touchy situation, if the priority is doing the right thing. But we can assume it isn’t — for the top Obama decision-makers. Stay tuned.]
The Washington Post reports that Bryan Pagliano, the former State Department staffer who may have set up and maintained Hillary Clinton’s “homebrew” server, has been “granted immunity” by the Justice Department. The Post describes its source as a single, senior law-enforcement official — though I assume the paper corroborated its source before running with the story (which Politico elaborates on).
This important development raises a question we have considered before: Is there an active grand-jury investigation of Mrs. Clinton and her aides over their mishandling of classified information? The question is critical because (with exceptions not relevant to this discussion) the convening of a grand jury is a necessary precondition to the filing of a felony indictment. And the answer to the question is . . . probably, though not necessarily.
The question arises because the Clinton camp continues to downplay what is actually a criminal investigation of Mrs. Clinton and other suspects. The Hillary campaign insists it is a mere “security inquiry,” focused only on the physical homebrew server.