ANDREW MCCARTHY: Clinton Emails: What the IG Report Refuses to Admit.

In explaining themselves to the IG, Obama Justice Department and FBI officials contended that the make-or-break issue in the case was whether they could prove mens rea — criminal state of mind. In this instance, that involved former secretary of state Clinton’s knowledge and intent regarding the unauthorized transmission and retention of classified information. Investigators say it dawned on them at a very early stage that they could not. Hence, they urge, their decisions to allow the election calendar to impose a time limit on the investigation, to limit the amount of evidence they considered, to be less than aggressive in obtaining evidence, and to draft an exoneration of Clinton months before interviewing her (and other key witnesses), were entirely reasonable.

Yet their analysis left out the best intent evidence, namely, Clinton’s willful setting up of a private, non-secure server system for all official business.

For his part (as I discussed in Friday’s column), IG Horowitz took the position that it was not his job to question the correctness of the investigators’ legal conclusions and exercise of prosecutorial discretion. He blithely accepted the investigators’ crimped construction of knowledge-and-intent proof, making it a foregone conclusion that he would find their decision-making defensible — much as their adoption of this crimped standard, uncalled for by the applicable law, made it a foregone conclusion that Clinton would not be charged.

DOJ concluded what they wanted to conclude because they wouldn’t look for what they didn’t want to find.