As predicted, no email indictment of Clinton

comey

“Our judgment is that no reasonable prosecutor would bring such a case,” FBI Director James Comey¹ announced Tuesday morning, bringing an end to Republican hopes that Hillary Clinton would face criminal indictment for mishandling her email account while serving as secretary of state.

“No reasonable prosecutor ….”

That FBI finding isn’t, or should not have been, a surprise. Most non-biased legal experts had predicted exactly that outcome long ago, for the same reasons patiently explained by Comey on Tuesday morning. The FBI stressed that it found no intent on the part of Clinton to expose classified information, and intent has been central to every previous prosecution in such cases. Although Comey did not mention it specifically, that includes the case of former CIA Director David Petraeus, who knowingly gave classified information to his mistress/biographer and was forced to plead guilty to a misdemeanor for doing so.

Not surprisingly, the obvious distinction between actively, knowingly handing over classified information and failing to adequately protect it was lost on some.

In addition, Comey said, the FBI found no evidence of intentional deletion by Clinton or her staff to mislead investigators. It found no evidence that anyone had hacked into the Clinton email server to access secret information, although it also could not rule out that possibility. And although agents recovered work-related emails that Clinton’s attorneys had not forwarded to the government as required, they also determined that it was “highly likely” that those were innocent mistakes that occurred because the emails themselves had previously been deleted in the normal course of business, and it took the resources of FBI experts to recover them.

In other words, despite the overheated claims of some on the right in recent months, no attempted coverup took place.

However, as Comey also pointed out, 110 of the 30,000 emails involved in the Clinton investigation were found to have contained classified information, contrary to Clinton’s previous claims. Eight emails were found to have contained top-secret information. And Comey went on to condemn Clinton’s decision to set up her own private email system outside government:

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information…. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation….Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.”

That sounds like an entirely fair conclusion. Clinton feared that her personal information and correspondence might be released to the public if she used government servers, and that fear drove her to set up her own email system, which was a serious mistake. But serious mistakes are not criminal mistakes.


¹Jim Comey is a longtime Republican attorney. He has worked as a federal prosecutor in Richmond and New York, was appointed US attorney in New York by President Bush, and was later appointed deputy attorney general by Bush. So he has both legal and political credibility in making this decision.

 

Reader Comments 0

1404 comments
LordHelpUs
LordHelpUs

"We Need One More Investigation" sheetz

Peachs
Peachs

@LordHelpUs get Gowdy on the phone!  You'll find him at the barbershop!!

Peachs
Peachs

If we stop talking about Hillary long enough, reality sets in about who we have running against her.  He hates foreigners yet orders his wives from Russian catalogs, claims he is a billionaire yet refuses to show us how, uses language that makes children have to leave the room, yet moral enough to be president,is trash yet represents the party that claims to be the party of values, yet we keep talking about Hillary? 



Peachs
Peachs

@Here's_to_Blue @Peachs distraction is what this is about, like gerrymandering, can't beat us straight up, so you throw sand in the American eye and claim it was done to you. 

Here's_to_Blue
Here's_to_Blue

@Peachs And discounting his "language that makes children have to leave the room," that leaves about 50 words in his entire vocabulary.

ScubaSteve
ScubaSteve

"...a time to give birth and a time to die. A time to kill; and a time to heal. A time to tear down and a time to build up."


Ecclesiastes 3:3


There's a season for everything. My guess is we simply disagree on which season it should be.



ScubaSteve
ScubaSteve

@rimsky My my, we wouldn't be cherry-picking our scriptures, would we?

Here's_to_Blue
Here's_to_Blue

@rimsky @ScubaSteve That would be more correctly interpreted as a time to go to war, not to willy-nilly shoot someone in the street, in my opinion.

FIGMO2
FIGMO2

Weighing my options.

Hillary has proven careless with intelligence entrusted to her and Donald probably wouldn't know what to do with it.

It's likely Donald would forego making a decision and hand it off to someone more capable than he? 

BuckeyeGa
BuckeyeGa

@Figmo2,

Agree that Clinton was arrogant and dumb with the server..but I think Clinton is more likely to listen to someone other than herself.

rimsky
rimsky

@FIGMO2 Hillary has proven careless with intelligence entrusted to her and Donald probably wouldn't know what to do with it./////

That is one figment of your imagination.

BuckeyeGa
BuckeyeGa

@Figmo2,

Trump is too arrogant to allow someone else to make the decision.Even if he didn't I hope the team would be better than his communication team

FIGMO2
FIGMO2

@BuckeyeGa

Arrogant?

As is Hillary when it comes to our national security. 

It was her decision to use a private server.

It was her decision to go against the WH and solicit the advice of Sidney Blumenthal when it came to Syria.

Here's_to_Blue
Here's_to_Blue

@FIGMO2 No, he'd just consult his own yugely marvelous brain and go with what it told him.

Peachs
Peachs

@rimsky @FIGMO2 Trump is a bush league backup, who tells his bush league team mates the game is fixed we should be at the big show.  

Peachs
Peachs

General Petraeus gave away national secrets in exchange for sex, but half congress has done the same thing, so it is clear why they are so obtuse to why Hillary is different than their cases. 



DownInAlbany
DownInAlbany

There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation.  Since Hillary chose to use an unclassified system, it is safe to say, that she is an unreasonable person.

Peachs
Peachs

@DownInAlbany @OldEngineer this is just a distraction for what you got on the griddle, Trump. The more we work Hils over the less we notice the gangster with ya. 

LordHelpUs
LordHelpUs

@DownInAlbany Yup, she screwed the pooch on this one.  Stupid, but not criminal.  Done.

Sorry it didn't satisfy you.

ScubaSteve
ScubaSteve

Police are shooting people in the street but sure let's talk about some emails.

DownInAlbany
DownInAlbany

@ScubaSteve Over 60 people were shot in Chicago last weekend.  When does John Lewis plan to stage another sit in?

ScubaSteve
ScubaSteve

@DownInAlbany If you haven't yet figured out that I have no concern with what you or anyone else thinks about me...

kitty72
kitty72

@ScubaSteve  and then there was the man from the UAE who was here for medical that was assaulted by the police because some hotel clerk numnut can't understand Arabic so the guy must be from ISIS. {eye roll} Sure hope she got canned for calling relatives and starting that whole mess instead of calling hotel management. It wasn't like the guy was standing there with an AK47.


ScubaSteve
ScubaSteve

@DownInAlbany Ask John Lewis. I'm not him, and he's not the spokesman for black people.


Your one-trick Chicago pony is tiresome, too. The hundreds of factors that have contributed to crime in Chicago have been explained millions of time, you're just too stupid to absorb them.

foo2u
foo2u

Let not your hearts be troubled wingnuts.

The INVESTIGASHUNS of the investigashun will commence!!!...

Derp...

Peachs
Peachs

I don't understand how Hillary is so crooked that it keeps us from talking about Trump's character.  


She has been paraded in front of Gowdy, which was the sweating McCarthy,of our times, under a microscope by the FBI which was like Hoover, and, Trump, the Al Capone, of our times, they can't even get him for tax evasion he does file tax returns. 

george p. burdell xi
george p. burdell xi

The law is such that whether she did it knowingly & willfully or was unaware of it she broke the law. It  seems the Obama administration has prosecuted more of these cases than all previous administration s combined but not this one? Come on Bookman you know this is corruption at the highest level, done so  only to try & hang on to power.

LordHelpUs
LordHelpUs

@george p. burdell xi "It  seems the Obama administration has prosecuted more of these cases than all previous administration s combined but not this one?"  Oooh, that sounds bad.  Can you back it up?