Odds of a Hillary indictment? Darn close to zero

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(AP)

It has never seemed plausible that Hillary Clinton would be indicted for her mishandling of State Department emails, but that hasn’t stopped Republicans from hoping, praying, dreaming and imagining that prosecutors rescue them from their nightmare anyway.

An extensive investigation by Josh Gerstein at Politico should put a damper on all that, or at least would if such things were susceptible to rational analysis. After reviewing years of previous cases, interviewing experts and prosecutors and studying the available evidence, Gerstein concludes:

“A Politico review of dozens of recent federal investigations for mishandling of classified records suggests that it’s highly unlikely — but not impossible.

The examination, which included cases spanning the past two decades, found some with parallels to Clinton’s use of a private server for her emails, but — in nearly all instances that were prosecuted — aggravating circumstances that don’t appear to be present in Clinton’s case….

Several experts told POLITICO that in light of the legal obstacles to a case and the Justice Department’s track record in such prosecutions they are confident Clinton won’t face charges.

“Based on everything I’ve seen in the public media, not only don’t I see the basis for criminal prosecution, I don’t even see the basis for administrative action such as revoking a clearance or suspending it,” said (Bill) Leonard, the former director of the Information Security Oversight Office.

“Looked at as a potential criminal case, this would be laughed out of court,” said William Jeffress, a Washington attorney on the defense team for former Bush White House aide Scooter Libby during his trial for lying in a leak investigation. “There hasn’t been any case remotely approaching a situation where someone received emails that were not marked classified, who simply receives them and maybe replies to them and a criminal prosecution is brought,” Jeffress said.”

The sole Politico source who expressed a different opinion was Rudy Giuliani, the former New York City mayor and GOP presidential wannabe who also served as a federal prosecutor. Giuliani is adamant that Clinton deserves to be prosecuted and convicted, but then again, Rudy’s ability to separate political wishful thinking from accurate analysis has been suspect for quite a while now.<

I'd add that if the FBI and Justice Department viewed prosecution as a potential outcome in this case, they would have moved much faster than they have to date. The general election is now less than seven months away; it would be foolhardy in the extreme to indict a leading presidential contender this close to Election Day, thus throwing the entire democratic process into major turmoil, unless you were absolutely certain that the alleged crime was serious and that a conviction would be the result.

An indictment that was followed later by dropped charges or an innocent verdict — particularly if it doomed the chances of electing our first female president — would put the prosecutors who made such a decision into the pantheon of biggest goats in American legal and political history. They would make the folks who blew the OJ Simpson prosecution look like geniuses by comparison.

And unless Justice is sitting on truly explosive information not yet leaked to the public, I just don't see that happening.

Reader Comments 1

832 comments
Mark Stewart
Mark Stewart

The lack of a formal indictment against Clinton will be an indictment against the country's legal system or lack thereof.

Airdale
Airdale

Truth.  What do Hillary's accusers know of truth?  This woman has been lied ABOUT more than any person in recent decades.  Investigations find nothing, but people like Faye, Terry, and Sandy think there has to be something there because they WANT something to be there.  Shame on you all! 

Faye McGaughey
Faye McGaughey

Agree with Sandy Brown Hinton, the truth is not in Hillary. So tired of seeing and hearing her on TV.

Terry McMichael
Terry McMichael

She won't be indicted as long as the Obama administration protects her through corruption

Sandy Brown Hinton
Sandy Brown Hinton

In her own words: "It ain't going to happen folks!" She's so sure of herself, but I don't think the American people buy her garbage. We've had enough of the Clintons to last several lifetimes. She should be living in the Jailhouse, not the White House.

Monica Moncrieff
Monica Moncrieff

Leave the lady alone god did not say that we would be perfect, he said that he is just, and faithful to forgive

Stephanie Lowe
Stephanie Lowe

This woman is horrible. If you are a woman or identify as a female and you are voting for her based solely on this, please look at what she supports. She is the least "woman friendly" woman out there. Hell, Cruz and Bernie support "female" causes more than she does. She only votes favorably for bills/legislation that is gonna make her money. PLEASE check it out, ladies.

Helen McKenzie Heider
Helen McKenzie Heider

Clintins are like Teflon. Nothing sticks! They get away with anything and everything.

Chris Fell
Chris Fell

been hearing talk about this for months ,, if it happens , whats taking so long

Thomas K. Shea
Thomas K. Shea

It's law abiding citizens who wish to see Hillary indicted, for breaking the law, lying, stealing and murdering.

David Gruneisen
David Gruneisen

If they had evidence they would have indicted her already. And if they indict her they have to indict on the other 70 cases they have in front of them too.

Mike Lindsey
Mike Lindsey

You republicans are so desperate! The only way you can win is to throw democrats in jail! \U0001f602\U0001f602\U0001f602\U0001f606\U0001f606\U0001f606

Greg Shoemaker
Greg Shoemaker

If she gets "thrown" in jail it's her own doing.

Pamela Smith Caudell
Pamela Smith Caudell

She will walk...... bama will see to that.... Justice will serve her one day....

Robert1959
Robert1959

Happy Days Are Here Again....The Sun is Shining Down on America....God Bless America....Know let's be clear...Over the past 7 years of President Obama's administration (2008-15) all Americans have access to healthcare (ACA), the economy steadily improving, deficit going down quicker than expected, unemployment down (5%), real estate market coming back quickly, stocks at all time high (+17,000), gasoline prices at/or below $2.50 per gallon nationwide and no new foreign wars (Syria, Iran etc.). The GOP solutions to this list of accomplishments without their help? GOP scandal investigations...(IRS, DOJ, NSA, ACA, Benghazi, forcing the federal government closure/defaulting on the federal deficit, lawsuits, impeachment nonsense, defunding Planned Parenthood, refusing to create gun control laws, refusing to create a clear path for immigration and escalating the War on Women, etc.) . 
 
It Is time for the GOP to take responsibility for their actions.  The GOP continues their crusade to crucify President Obama and hold the American People as hostages. Any GOP candidate serious about running for the White House in 2016 must represent all the "American People" and apologize for their unethical conduct (hatred, fear and bigotry) if they want to be considered a serious candidate. No workplace in the USA allows that kind of conduct by anyone at anytime. No Apology - No GOP.  
 
The American People...  
(elderly, disabled, young people, women, minorities, LGBT, Christians, Muslims & Jews, etc.)  

tireOfIt
tireOfIt

Cons and their false prophets 

Jeff Brown
Jeff Brown

If any one else they would be in the federal prison

Visual_Cortex
Visual_Cortex

seriously though, DP, I think the guy who said this:


"The way I thought about diversity is not to think about any single seat as, oh, I’ve got to fill this slot with this demographic but, rather, if I’ve got a broad set of nominees to make — and this is true across the board — how do I make sure that I’m intentional throughout that process? So that the talent of every American, and every potential candidate, gets a fair look," Obama said. "And I have confidence that if I stick to that, if I do that, if I make sure that I’m broadening the search, broadening the pool, looking at a bunch of folks, even if they’re not going through the conventional paths, that I’ll end up — the process will result in diversity. And that in fact is what’s happened. I am, you know, not to brag, but I have transformed the federal courts from a diversity standpoint with a record that’s been unmatched."

We’ve got more African-Americans on the circuit courts than we ever had before. I’ve appointed more African-American women to the federal courts than any other president before. I’ve appointed more Latinos than any president before. I’ve appointed more Native Americans, more Asian-Americans. more LGBT judges than ever before. But at no point did I say, ‘Oh, you know what? you know, I need a black lesbian, you know, from Skokie in that slot. Can you find me one?’ You know, I mean, that’s just not how I’ve approached it. It turns out that if the process is fair and you are saying that it’s important that our courts are reflective of a changing society, you’ll end up with a really good cross-section of people who are excellent, and that’s who we’ve been able to appoint. And so when I look at Merrick Garland, that was the person that, you know, the difference between the Supreme Court is just a handful of seats come up at any given time. I appointed a Latino woman, another woman right before that. So, you know, yeah, he’s a white guy, but he’s a really outstanding jurist. Sorry.”

..has a pretty good handle on the whole identity politics thing, actually.

KUTGF
KUTGF

First no Bruce Springsteen concert, now no XHamster.com porn.

The popular pornography site has blocked North Carolina IP addresses since 12:30 p.m. Monday, according to a report in the Huffington Post, in order to punish the state's porn hounds over the bathroom bill
__________________
Oh nooooooo...... now this is tooo much.  Impeach that Gov!  Thank GOD Deal saved us from this horror!

KUTGF
KUTGF

@Kamchak @KUTGF "But when the state legislature finds itself besieged by hundreds of angry, blue-balled, hairy-palmed, half-blind preachers, that's when you'll really see things move"

McGarnagle
McGarnagle

@KUTGF


Tar Heels lost. Panthers lost Super Bowl. Carolina Hurricanes missed playoffs. And the Hornets might play Hawks in the nba playoffs. Wowee Zowee. 

Bob Hunt
Bob Hunt

Jay is such a hack reporter with his head up her butt that he's blind to all her crimes, lying about Benghazi, lying to the faces of the families, selling her sole to Soros and Putin, Has Jay got no morales at all? Would he accept a family member to be a liar about everything? Thats th problem with hack reporters and trash news papers they hide the truth even to themselves.

Donnie_Pinko
Donnie_Pinko

LordHelpUS  @LordHelpUs 

Mainly because if she wins in 2016, she will likely not face a serious challenge for the nomination in 2024.  

---

After this dogfight with a 74 year old previously unknown 'socialist', you think she'd face no opposition for re-election?
Wow. Now THAT is optimism in the face of all facts.

LordHelpUs
LordHelpUs

@Donnie_Pinko @LordHelpUs "previously unknown " - LOL!  And, yes, take a look at how quickly the competition folded within their party for the nomination over the last 40 years for a sitting POTUS and get back to me.

Donnie_Pinko
Donnie_Pinko

@LordHelpUs @Donnie_Pinko 

With all respect, I don't think the past 40 years is going to necessarily be a very reliable roadmap for how things play out in the years to come. 

We're in uncharted waters now.

bu22
bu22

@LordHelpUs @Donnie_Pinko Young people are voting against Clinton in unbelievably overwhelming numbers just as blue collar Republicans are ignoring "establishment" Republicans.  Both parties have issues.

LordHelpUs
LordHelpUs

@Donnie_Pinko @LordHelpUs Nope, parties have crumbled many times in the past as the GOP is poised to do.  The Dem party will consolidate behind Clinton, she will move further to the left as a result of changing times and the sun will keep rising.

Donnie_Pinko
Donnie_Pinko

@Robert1959

 Path to the White House:  
1st Black American - President Obama (2008-2016)  
1st American Woman - Mrs. Hillary Clinton (2016-2024)  
1st Hispanic American - (2024-2032)  
1st Asian American - (2032-2040)

--

So am I to gather that this is the main function of the American presidency now, as a pathway to the heights of power for various historically oppressed groups, defined naturally on racial and gender terms?

It leads me to wonder, is the advancement of symbolic power for oppressed racial and gender groups the entirety of the content of politics now?

Donnie_Pinko
Donnie_Pinko

@LordHelpUs @Donnie_Pinko 

Yes, well, a timeline showing future presidents presumably elected, or at least recognized, on no basis other than their membership in one or another historically minority/oppressed groups is kind of one-dimensional, don't you think? 

KUTGF
KUTGF

@LordHelpUs @Donnie_Pinko Can we just go back to the good ole days when we were so enthralled with how "VERY presidential" old white guys sounded as the component of Presidential selection.  :D

bu22
bu22

@Donnie_Pinko You have it out of order:  1st Hispanic American Ted Cruz 2016-2024, 1st Asian American and Woman Nikki Haley 2024-2032.

LordHelpUs
LordHelpUs

@Donnie_Pinko "It leads me to wonder, is the advancement of symbolic power for oppressed racial and gender groups the entirety of the content of politics now?" Only a Sith thinks in absolutes - Yoda

Visual_Cortex
Visual_Cortex

Hey, did anyone ever own up to receiving an email from a "clintonemail.com" domain?


/pet peeves R us

Visual_Cortex
Visual_Cortex

Warms the heart


this administration which is promising no political considerations in the Clinton investigation is the same one who -has directed that landlords cannot refuse to rent to known felons

...to know our J-Reb is still hoppin' mad about this!

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