Reading around the various liberal sites I am astonished at the lack of fortitude and, well, brains of the people celebrating this woman and her alleged “victory”. Bag of dicks…
Michael Mukasey – U.S. attorney general (2007-09): Clinton Makes the FBI’s Least-Wanted List
Explaining why he wasn’t recommending prosecution, Director James Comey instead showed that charges would have been justified.
It is a felony for anyone entrusted with lawful possession of information relating to national defense to permit it, through “gross negligence,” to be removed from its proper place of custody and disclosed. “Gross negligence” rather than purposeful conduct is enough. Yet Mr. Comey appears to have based his recommendation not to prosecute on the absence of “clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information”—though he did say in the same sentence that there was “evidence that they were extremely careless in their handling of very sensitive, highly classified information.”
As an example of the kind of information at stake, he described seven email chains classified at the Top Secret/Special Access Program level. These were the emails that the government had said earlier are so sensitive that they will never be disclosed publicly. Mr. Comey went further, citing “evidence to support a conclusion that any reasonable person in Secretary Clinton’s position . . . should have known that an unclassified system was no place for that conversation.” To be “extremely careless” in the handling of information that sensitive is synonymous with being grossly negligent.
And what of the finding that the investigation did not disclose “clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information”? Even the felony statute requires no such evidence, and no such intent.
The misdemeanor involves simply the knowing removal of classified documents to an unauthorized location…
Mr. Comey mentioned three considerations prosecutors weigh in considering charges: the strength of the evidence, “especially regarding intent”; “the context of a person’s actions”; and “how similar situations have been handled in the past.”
Criminal intent of the usual sort, as noted, is not a requirement of either statute.
The only reference to context in the statement—other than repeated references to the extreme secrecy of the information—is the disclosure that the “security culture” of the State Department pertaining to email in particular was “generally lacking in the kind of care . . . found elsewhere in the government.” If that is meant to suggest that Mrs. Clinton was the victim of a bad culture, it seems fair to point out that she headed the agency where it existed.
The “similar situations in the past” in which prosecutions were brought were said to be limited to those involving “clearly intentional and willful mishandling of classified information” or “vast quantities” of information disclosed with an inference of intent; or evidence of disloyalty or obstruction of justice.
Mr. Comey didn’t explain why, with evidence clearly fulfilling the requirements of the two statutes involved, no reasonable prosecutor would bring a case—except for the director’s inaccurate assertion that it had never been done before.
And finally, although there was transparency about process, there was no discussion of underlying facts, only conclusions. It may be that some day there will be the usual transparency: disclosure of facts. That day was not Tuesday, and it is little wonder that many in and out of government were left both puzzled and dismayed.
— CNN Politics (@CNNPolitics) July 6, 2016
We knew they could fix the Department of Justice; we suspected they could fix the FBI. What we didn’t know was that the fixes would be this transparent: the secret meeting with a chief culprit and the DOJ head; the next day announcement by Justice that the Clinton bribery investigations would be postponed until well after the election; the suspiciously brief FBI interrogation of the former Secretary of State who during her entire tenure had recklessly breached national security protocols, deleted 30,000 emails; burned her government schedules; put top secret information onto a hackable server in violation of federal law; and topping it all the failure of the FBI director after enumerating her reckless acts to recommend a prosecution – all within a single week, and just in time for the Democrats’ nominating convention. It was, all in all, the most breathtaking fix in American history.
And it wasn’t ordinary criminal corruption. It was corruption affecting the nation’s security by individuals and a regime that have turned the Middle East over to the Islamic terrorists; that have enabled America’s chief enemy in the region, Iran, to become its dominant power; that allowed the Saudis, deeply implicated in the attacks of 9/11, to cover their crimes and spread Islamic hate doctrines into the United States; it was about selling our foreign policy to the high bidders at home and abroad, and about making America vulnerable to our enemies.
Break classification rules for the public's benefit, and you could be exiled.
Do it for personal benefit, and you could be President.
— Edward Snowden (@Snowden) June 1, 2016
— Edward Snowden (@Snowden) July 5, 2016