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Lynch to Accept F.B.I. Recommendations in Clinton Email Inquiry, Official Says


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FBI Rewrites Federal Law to Let Hillary Off the Hook

Andrew C. McCarthy

July 5, 2016

 

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.

 

(Snip)

 

In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence.

 

I would point out, moreover, that there are other statutes that criminalize unlawfully removing and transmitting highly classified information with intent to harm the United States. Being not guilty (and, indeed, not even accused) of Offense B does not absolve a person of guilt on Offense A, which she has committed.

 

(Snip)

 

I think highly of Jim Comey personally and professionally, but this makes no sense to me.

 

Finally, I was especially unpersuaded by Director Comey’s claim that no reasonable prosecutor would bring a case based on the evidence uncovered by the FBI. To my mind, a reasonable prosecutor would ask: Why did Congress criminalize the mishandling of classified information through gross negligence? The answer, obviously, is to prevent harm to national security. So then the reasonable prosecutor asks: Was the statute clearly violated, and if yes, is it likely that Mrs. Clinton’s conduct caused harm to national security? If those two questions are answered in the affirmative, I believe many, if not most, reasonable prosecutors would feel obliged to bring the case.

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Texas judge gives man life sentence after ninth DWI conviction

Wednesday, June 08, 2016

 

HOUSTON, TX -- A Texas judge has sentenced a man to life in prison after he was found guilty of drinking and driving a ninth time.

Donald Middleton was arrested May 30, 2015 on a DWI charge. It was his ninth since 1980.

 

Authorities say Middleton was trying to turn at a stop sign but didn't stay in his lane and struck another vehicle nearly head-on. After the wreck, he ran to a nearby convenience store and begged the clerk to hide him.

 

(Snip)

 

_______________________________________________________________________________________________________

 

The question is, did Donald Middleton Intend to do this?

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http://www.washingtonexaminer.com/republicans-mull-congressional-action-to-punish-hillary-clinton/article/2595711GOP mulls congressional action to punish Clinton

 

House Republicans are considering whether to take punitive action against former Secretary of State Hillary Clinton, including the appointment of a special prosecutor, in response Clinton's careless use of classified emails during her tenure, just a day after the FBI said it wouldn't recommend criminal charges against her.

"We're not going to foreclose any options," House Speaker Paul Ryan, R-Wis., said Wednesday after meeting privately with House Republicans.

"With no indictment occurring, a discussion, or a call for administrative action, is the least we can do, given how she was so reckless in handling classified material and sending classified information on an unsecured server," Ryan said.

Ryan has said Clinton should lose her security clearance in the wake of FBI Director James Comey's damning report, which found she used her private email account and server to receive and send classified information. Comey said the actions did not warrant criminal charges, however, which most Republicans have criticized.Scissors-32x32.png

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SrWoodchuck

Not Comey first time against Killary...but pretty much the same results...

 

Inside the FBI Investigation of Hillary Clinton’s E-Mail

http://time.com/4276988/jim-comey-hillary-clinton/

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...Comey has spent much of his career investigating and occasionally confronting high-profile public figures, including the Clintons.

Comey’s first brush with them came when Bill Clinton was president. Looking to get back into government after a stint in private practice, Comey signed on as deputy special counsel to the Senate Whitewater Committee. In 1996, after months of work, Comey came to some damning conclusions: Hillary Clinton was personally involved in mishandling documents and had ordered others to block investigators as they pursued their case. Worse, her behavior fit into a pattern of concealment: she and her husband had tried to hide their roles in two other matters under investigation by law enforcement. Taken together, the interference by White House officials, which included destruction of documents, amounted to “far more than just aggressive lawyering or political naiveté,” Comey and his fellow investigators concluded. It constituted “a highly improper pattern of deliberate misconduct.”

Comey parlayed the Whitewater job into top posts in Virginia and New York, returning to Manhattan in 2002 to be the top federal prosecutor there. One of his first cases as a line attorney in the same office 15 years earlier had been the successful prosecution of Marc Rich, a wealthy international financier, for tax evasion. But on his last day as President in 2001, Bill Clinton pardoned Rich. “I was stunned,” Comey later told Congress. As top U.S. prosecutor in New York in 2002, appointed by George W. Bush, Comey inherited the criminal probe into the Rich pardon and 175 others Clinton had made at the 11th hour.

Despite evidence that several pardon recipients, including Rich, had connections to donations to Bill Clinton’s presidential library and Hillary Clinton’s 2000 Senate campaign, Comey found no criminal wrongdoing. He was careful not to let the investigation be used for political purposes by either party. When pressed for details in one case, he said, “I can’t really go into it because it was an investigation that didn’t result in charges. That may be a frustrating answer, but that’s the one I’m compelled to give.”Scissors-32x32.png

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