On Monday, writing for MSNBC, former FBI counterintelligence official Frank Figliuzzi warned against a recent suggestion from Rep. Zoe Lofgren (D-CA) last week that the House Select Committee investigating the January 6 Capitol insurrection is considering an immunity deal for Jeffrey Clark, the former DOJ official who helped former President Donald Trump strategize on overturning the 2020 election.
"That would be a bad idea for at least three reasons," warned Figliuzzi.
First, he wrote, Clark is a "big fish" in the investigation, heading up the DOJ's Civil Division under Trump, playing a central role in the effort to delegitimize the election in Georgia, and trying to oust Jeff Rosen as AG.
Second, historically in large-scale investigations of this sort, offering immunity to players like Clark rarely results in them implicating co-conspirators, and simply makes prosecuting the crimes they have already uncovered more difficult.
And third, Figliuzzi pointed out, it isn't actually the purview of the committee to offer immunity; only the DOJ can make that decision.
"It’s possible that the committee and DOJ are somehow convinced that Clark holds the key to directly implicating Trump and they believe he’s willing to turn that key," noted Clark. "It’s a long-shot bet that isn’t worth the risk of effectively jeopardizing holding Clark accountable. If Clark holds the Trump key, then he’s much more likely to use it if he’s staring at a criminal indictment instead of immunity. That’s a much safer bet — and the pay-off would be worth it."
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