Ask any of the best federal criminal lawyers in Connecticut who deal with FBI investigations…it is extremely unusual for the FBI to ever tip their hand by issuing a press release which reveals information about developments in their investigation prior to an indictment.
So yesterday’s stunning announcement by FBI Director James Comey that the FBI would reopen the Hillary Clinton email investigation based on the discovery of new evidence took the country by surprise…but the surprise to criminal defense lawyers was the announcement itself…
While FBI Director Comey indicated that the case re-opening was triggered by an “unrelated case,” it’s clear that the current state and federal investigations into Anthony Weiner’s alleged sexting with a 15-year-old in North Carolina was the source of the new information and evidence. If the sexting allegations against Weiner took place in Connecticut—that is, if the teenager lived in Connecticut and received the saucy Carlos Danger texts and photos, or if Weiner is accused of texting anything inappropriate from Connecticut—then Weiner could get arrested in Connecticut for Risk of Injury / Child Endangerment under CGS 53-21 or equivalent federal charges.
Probably for transparency, even if it is unusual or against FBI policy to publicize details of an FBI investigation within 60 days of an election. Some conspiracy theorists believe that perhaps Director Comey was concerned that Trump would win the Presidency and would criticize or order an investigation of his decision not to publicize this development until after the election. Whatever the reason, and as any of the best Connecticut federal criminal defense lawyers would tell you, this announcement is highly unusual.
This Hillary Clinton email investigation has been extraordinary from its inception. A few months ago, Director Comey personally announced that there would be no criminal prosecution of Clinton. That’s usually a federal prosecutor’s job—specifically the United State Attorney General (who appeared to have recused herself amid allegations of a conflict of interest after she chit-chatted with Bill Clinton on a private plane).
What now needs to happen is that the Department of Justice should appoint a special, conflict-free, independent, special prosecutor to run this investigation. This way there can be no accusations of impropriety, bias or cronyism.
As defense lawyers, we understand that our clients are going to be aggressively investigated by the government, but at the core of our criminal justice system is our constitutional right to due process, fair process, and equal protection. That’s something that the best Connecticut criminal defense attorneys, best state and federal prosecutors, and best FBI and police agents and officers should all agree upon.
The team of federal criminal lawyers at the Mark Sherman Law Firm work tirelessly, aggressively and compassionately on behalf of their criminal clients in both federal and state crime investigations. You can click here to read certified reviews from our former clients on Avvo.com. So if you’re being investigated in Connecticut by the FBI, or you or your child are being investigated or have been arrested for illegal sexting or Risk of Injury to a Minor under CGS 53-21, give the Mark Sherman Law Firm a call at (203) 358-4700. Our lawyers are available 24/7 to take your call.