The FBI has recommended that the DOJ not seek charges for Clinton’s e-mail scandal. Here is Comey’s statement. I expected this, as did most people. Law are for plebs, not monarchs. Although I expected maybe a few low-level grunts to be the fall guys.
Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.
Now maybe this would be acceptable if it came from someone who was not James Comey, who has pressed felony charges in far less clear circumstances. Comey admits that Clinton deliberately set up her own e-mail servers to shield her e-mails from FOIA. He admits she mishandled classified evidence, enormous amounts of it, including at least seven piece of Top Secret information and that there is no way she couldn’t have known this information was classified. He admits she tried to conceal what she did. But he focuses heavily on intent, which is something the FBI never focuses on with the rest of us.
Inadvertently breaking the law can get you indicted. Covering up what you did, even if you didn’t break the law, can get you indicted. But Clinton, who deliberately broke the rules and tried to cover it up, won’t even get a wrist slap. And people wonder why Trump is so popular.