The U.S. Secret Service on Friday explained why the agency asked federal prosecutors to attend a private fundraiser for Hillary Clinton in La Jolla, saying “prosecutorial guidance” might be immediately necessary “in the event of a protective security related incident.”

The attendance of at least two assistant U.S. attorneys at the event has been criticized by Republican Congressman Duncan Hunter of Alpine following the indictment of him and his wife on campaign fraud charges this week.

Both Hunter and his attorney, Greg Vega, have said that the attendance of the prosecutors, who were involved in the Hunter case, is evidence that the prosecution by the U.S. Attorney’s Office in San Diego is “politically motivated.”

Hunter and his wife, Margaret, were indicted by a grand jury Tuesday on allegations that they spent $250,000 in campaign funds on personal expenses, then covered up the source of the money. They have pleaded not guilty.


In a statement Friday, the Secret Service said having prosecutors at such events was routine.

“The Secret Service regularly requests representation from United States Attorney’s Offices around the country during protective mission visits. The in-person representation provides for, and facilitates, real-time direct communications in the event of a protective security related incident where immediate prosecutorial guidance could be necessary.”

The statement did not elaborate on what kind of incidents might require prosecutorial guidance.

The fundraiser in question was at the home of Qualcomm co-founder Irwin Jacobs and his wife, Joan, on Aug. 7, 2015. Attendees paid from $1,000 to $2,700 for the chance to meet Clinton.


The two prosecutors named, Alana Robinson and Emily Allen — both registered Democrats — took photos with Clinton. They did not donate to her presidential campaign.

“The Secret Service has supported a long standing practice of facilitating photograph opportunities for our emergency service and law enforcement partners which would include the U.S. Attorney’s Office,” the Secret Service said. “These photograph opportunities are provided in limited numbers and typically offered to the leadership of the supporting law enforcement entity, fire department and/or emergency service provider, and the United States Attorney Office.”

Vega responded Friday, saying: “The explanation by the Secret Service actually raises more questions than it answers.” He questioned why three prosecutors would be needed at the Clinton event, including whether there were specific security concerns.

He also asked whether the same assistance was requested for subsequent fundraisers held in San Diego County for then-presidential candidate Donald Trump or vice president candidate Mike Pence. If so, did prosecutors take photos with either candidate?


Neither the Secret Service nor U.S. Attorney’s Office has provided further details.

Attorneys not involved in the Hunter investigation said having prosecutors on site in an official capacity opens them up to the possibility of being a witness to such an incident, which would then preclude the prosecutor from being involved in any future legal case that would arise.

It’s why prosecutors are discouraged from being present when investigators are executing search warrants.

“If something goes wrong now you are a percipient witness and can’t be involved in the investigation anymore,” said Chuck LaBella, a former U.S. attorney now in private practice in San Diego.


Vega asked U.S. Attorney Adam Braverman to review the situation for a possible conflict of interest in June, and Braverman concluded in a letter that there was no conflict that would call for the office to be recused.

Vega has also asked the U.S. Department of Justice leadership to look into the matter, and the complaint was reviewed and rejected.


kristina.davis@sduniontribune.com

Twitter: @kristinadavis