Of Course Not

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.

Comments are closed.

  1. AlexInCT

    You were far too kind about Comney’s reasons for this. Either they promised him something he couldn’t refuse, or they showed him they would destroy him if he threatened their hold on power, but have no doubt that Comney was broken.

    If you had any doubts about it, you now should be certain that we are no longer a country where all men are treated as they were created equally and were seen and treated equally under the law. I for one have zero faith in what passes for our legal system. We may not in name be a communist dictatorship where only the powerful have wealth and rule the law which applies to the masses but not them, but we sure have all the trappings of it.

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  2. Hal_10000 *

    I don’t think there was a threat or offer here.    I think it was understood from the beginning that this would end up in a recommendation for non-indictment.

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  3. Christopher

    Yeah, correct me if I’m wrong, but negligence is a prosecutable offense, isn’t it?  I’m surprised that the Director of the FBI didn’t even mention this.

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  4. Hal_10000 *

    He said it had to be deliberate or have a large number of violations.  Which is bullshit, because they’ve gone after people for single unintentional violations.

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  5. Christopher

    Let me guess: they were all “committed” by private citizens rather than public officials?  Or have they actually tried to prosecute public officials before?

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  6. grady

    The Clintons are Teflon.  How the rule of law is applied in this country depends on who you are, who your legal counsel is (if it gets that far) and what politicians want to make an example of you.  I really never thought this story would be anything more than bad press for her, and in the left side of the political spectrum it’s not even bad press.

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  7. Hal_10000 *

     and in the left side of the political spectrum it’s not even bad press.

    Which is amazing because whatever else Comey did, he absolutely destroyed every talking point she’s been making for the last year.  Reason did a video showing Clinton making claims about her e-mails cut with Comey dismantling those claims.  This is a very typical Clinton scandal.

    1) Do something bad.

    2) Instead of admitting it and doing a mea culpa, which would probably work, go on the offensive. Say you did nothing wrong and your accusers are partisan assholes.

    3) When shown to be full of shit, make no apologies and say it’s time to move on.

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