William Katz:  Urgent Agenda

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THE INEVITABLE – AT 9:56 A.M. ET:  There is growing heat on Attorney-General Loretta Lynch to remove herself from the FBI investigation into Hillary's e-mails.  Entirely reasonable.  From The Hill: 

Loretta Lynch is on the edge of the spotlight, about to be dragged to the center.

If the FBI finds sufficient evidence to launch a criminal investigation into Hillary Clinton or one of her top aides for mishandling classified information, Lynch’s Justice Department will have to decide whether or not to press ahead.

Even if no evidence of wrongdoing is found, Clinton’s many critics are unlikely to take the word of an appointee of President Obama’s, and will doubt that justice has been served.

Already, top Republicans are calling for a special prosecutor to be brought in and evaluate the situation.

No. 2 Senate Republican John Cornyn (Texas) took to the floor of the Senate last week to call for a special counsel to be appointed “because of the conflict of interest by asking Attorney General Lynch to investigate and perhaps even prosecute somebody in the Obama administration.”

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) agrees that Lynch ought to consider a special counsel, a spokesperson said, to reassure the country that decisions are made “without regard to any political considerations.”

The Justice Department, however, has so far declined the request.

“This matter is being reviewed by career attorneys and investigators and does not meet the criteria for the appointment of a special prosecutor,” department spokeswoman Melanie Newman said in a statement.

COMMENT:  The Justice Department statement doesn't pass the common-sense test.  Everyone knows that decisions on whether to prosecute Hillary will be made at the top, not by "career attorneys and investigators." 

There have been stories in the last few days asserting that the Obamans are becoming concerned that they could beome embroiled in a Hillary scandal.  The White House, after all, has been defending Clinton.  Maybe Obama wants to protect his former secretary of state...until he throws her under the bus and brings Joe Biden in from the bullpen.  But if Hillary proves tainted, there'll be questions about those who worked with her at the highest levels. 

A special prosecutor would seem, on the surface, to be a sound and fair idea.  Problem is, appointment of one could delay the investigation, and possibly push it past the election.  How do you indict a president-elect?

February 8, 2016