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by bb88
454 days ago
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The FBI makes charging decisions all the time. The FBI has to be the one to investigate charges. Now whether or not said charges are prosecutable is the job of the DoJ. The demarcation line between the two is when the charges are filed in federal court. Hillary Clinton was famously not charged by the FBI director Comey back in 2016. Not because she committed any crime, but because they wouldn't likely get a conviction at trial. |
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No, they don't.
> The FBI has to be the one to investigate charges.
They investigate before there are charges.
> Now whether or not said charges are prosecutable is the job of the DoJ.
The FBI is part of the DoJ, but there aren't charges until a prosecutor—not an FBI agent—either gets a grand jury to return an indictment or files a criminal information (the latrer only an option for minor offenses or if the defendant waives indictment, usually as part of a plea bargain.) Prosecution isn't a separate thing from charges, it is what charges are.
> Hillary Clinton was famously not charged by the FBI director Comey back in 2016.
No, famously Comey announced that the FBI recommended that no charges be filed. Like I said, you have it backwards: FBI makes recommendations, federal prosecutors decide to charge, or not.
https://www.fbi.gov/news/stories/fbi-recommends-no-charges-f...
“FBI Director James B. Comey said today that the Bureau has recommended to the Department of Justice that no charges are appropriate following an extensive investigation of Hillary Clinton’s use of a personal e-mail system during her time as Secretary of State.”