A prosecutor on Special Counsel Jack Smith’s team, Ray Hulser, advised the FBI in 2016 not to pursue an investigation into the Clinton Foundation, despite the existence of Suspicious Activity Reports.
By yourNEWS Media Staff
Ray Hulser, a top prosecutor on Special Counsel Jack Smith’s team, had advised the FBI in 2016 against investigating the Clinton Foundation, FOX News reported. This decision was made despite the presence of multiple Suspicious Activity Reports (SARs) related to foreign transactions involving the foundation, amounting to hundreds of thousands of dollars.
Hulser, who was the chief of the Department of Justice’s (DOJ) Public Integrity Section (PIN) at the time and is now part of Smith’s team prosecuting former President Trump, was identified in Special Counsel John Durham’s report as the official who declined the prosecution of the Clinton Foundation in 2016.
The Durham report detailed that in January 2016, three FBI field offices in New York, Washington, and Little Rock initiated investigations into possible criminal activities involving the Clinton Foundation. The investigations were based on intelligence and financial reports suggesting that a commercial industry might have engaged a federal public official in a benefits scheme involving large monetary contributions to a nonprofit under the control of the official.
The Washington investigation aimed to corroborate allegations in the book ‘Clinton Cash’ by Peter Schweizer, while the New York and Little Rock investigations were predicated on reports of foreign governments contributing to the Foundation for favorable treatment from Clinton.
During a coordination meeting on February 1, 2016, involving several FBI officials and DOJ representatives, including then-Public Integrity Section chief Hulser and Criminal Division Assistant Attorney General Leslie Caldwell, Hulser expressed his views on the FBI’s briefing. He found it poorly presented and considered the evidence for one of the investigations, particularly reliant on the book ‘Clinton Cash,’ as insufficient.
Hulser downplayed the information from the New York Field Office’s confidential human source and described the financial reporting involved as ‘de minimis.’ However, Durham’s team reviewed these reports, which described multiple funds transfers, some international, suspected of facilitating bribery or gratuity violations between 2012 and 2014.
Durham’s report implied that these activities typically warrant SARs, and a source confirmed to Fox News Digital that multiple SARs were indeed filed regarding the Clinton Foundation during this period. Banks are required to file SARs, but the decision to pursue criminal investigations lies with the Justice Department.
The Clinton Foundation, given Hillary Clinton’s role as Secretary of State in 2012, would likely have had a ‘PEP’ designation within financial institutions, indicating a higher risk of involvement in bribery or corruption due to their prominent position.
The Hunter Biden federal criminal investigation, which was partially based on SARs from China and other foreign nations, has been examined as part of the House impeachment inquiry against President Biden, led by House Oversight Committee Chairman James Comer, R-Ky., Judiciary Committee Chairman Jim Jordan, R-Ohio, and Ways & Means Committee Chairman Jason Smith, R-Mo.
During the February 2016 meeting, Hulser declined prosecution on behalf of the DOJ’s Public Integrity Section, but clarified that his decision was not binding on various U.S. Attorneys’ Offices or FBI field divisions. Another individual present at the meeting described the DOJ’s reaction to the briefing as “hostile.”
Former federal prosecutor and Fox News contributor Andy McCarthy commented on the situation, suggesting that the Obama Justice Department may have intentionally slowed down and discouraged the investigation. He also noted potential political conflicts for members of Jack Smith’s staff in their current roles.
Former President Trump, facing charges from Smith’s investigation, has pleaded not guilty. Smith’s office declined to comment on this story.
Regarding the Clinton Foundation probes, then-Deputy FBI Director Andrew McCabe initially directed field offices to close their cases in February 2016 but reconsidered after objections. McCabe required his approval for any overt investigative steps. By May 2016, then-FBI Director James Comey directed the New York Field Office to cease the Clinton Foundation investigation, citing an undisclosed counterintelligence concern.
By August 2016, a decision was made to close and consolidate the Washington and Little Rock investigations into the New York investigation, with U.S. attorneys’ offices declining to issue subpoenas.
Durham’s report contrasts the FBI’s handling of Clinton matters with the Trump-Russia probe, known as “Crossfire Hurricane.” The report notes that the DOJ had concerns about the Clinton Foundation investigation’s timing near the presidential election, but similar concerns were not evident for the Crossfire Hurricane investigation.
Special Counsel Robert Mueller’s investigation found no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials in 2016.
Durham also discovered that the FBI failed to act on signs of a Clinton-led effort to manipulate or influence law enforcement against Trump ahead of the 2016 election.
Hulser was involved in other high-profile cases, including the corruption case against New Jersey Democratic Sen. Bob Menendez and the prosecution of former Trump White House trade adviser Peter Navarro.