A good prosecutor can indict a ham sandwich”
By now the dust has settled from FBI Director’s half-hearted whitewash of former Secretary of State Hillary Clinton’s use of a private email server instead of following established protocols which have been in place for over a decade and which were required by law. As even many mainstream media pundits have observed, even though Comey ostensibly said “no reasonable prosecutor would indict her” based on the evidence, he followed that patently false claim by citing the numerous things she did which WOULD have gotten any other citizen of the United States sent away for a long time.
However, Comey did give Clinton enough of a “get out of jail” card that Hillary shills have subsequently descended on the media to spin the “non-indictment” as an exoneration. It was not, and as several jurists have gone on various media outlets to proclaim, there are numerous statutes, serious offenses under Federal law, which a “reasonable” prosecutor would indeed have indicted her on and, all things being equal, easily obtain a conviction on. However, when formerly respected Senator Clair McCaskill went on MSNBC, looked into the camera and lied straight faced to the nation that Hillary “did not break the law” and was absolved of any charges and that, in effect, we can all just move on. Any lifelong Democrat should understand that Claire McCaskill is a liar and that she is covering for a modern day “Untouchable”—Hillary Clinton.
Of course, this is an election year, so independents and Democrats, who are used to tuning out the usual Republican hyperbole and just plain fabrication may assume the comments about Clinton culpability regarding her abuse of her office with regard to the private email servers is just part and parcel of election year bullshit. Unfortunately, this is a classic case of “crying wolf.” The GOP shills have fabricated so many non-scandals for the last eight years to cover their own egregious bungling and criminality during the Oh-Oh Decade, that it is easy to assume that the calls for Hillary’s indictment by the Repugnicans is part and parcel with that.
Moreover, the GOP’s leading goon/buffoon Donald Trump’s modus operandi is to engage in name calling without backing up his insults with facts. Mere repetition of “Crooked Hillary” over and over, without explaining WHY she is crooked, is not only juvenile, it causes both independent non-Republicans and honest Democrats alike to tune it out as just so much Trumpiness.
This is most unfortunate, since there are quite concrete reasons why former Secretary of State Clinton SHOULD be indicted and, by extension, why she should never EVER be considered for the highest political office in the land; hell, she can’t be trusted with being elected dogcatcher without turning it into some kind of shady operation. Be that as it may, rather than just engage in one liners and epithets, American voters need to understand exactly what crimes Hillary Clinton committed while in office and the serious nature of her offenses. What follows, therefore, is a brief summary of the criminal offenses she committed as Secretary of State, especially with regard to her use of a private, unsecured, email server. It is by now means an exhaustive list and I have tried to restrict it to just her actions with regard to the abuse of emails and not the other, far more extensive, criminal actions she committed while in office. So here goes:
18 USC Code § 1924: Prohibits putting Classified information into a non-Classified setting. Her private servers (she used several, it turns out, not just one) were at no time approved for the use of Classified documents. Worse still, FBI Director Comey characterized her private email system as being less secure than a standard gmail account! Not only were Classified documents so transferred, Top Secret and SAP information was also put on this “leaky sieve” private system. This was not accidental, it was not unintentional and it certainly wasn’t convenient for anyone concerned, including HRC.
Another count on 18 USC 1924 makes the very act of transferring information to a private server (or rather servers) located in her home, or any other location not within an authorized Federal facility was, by its very act, a crime. This is, on a much smaller scale, is what General Petraeus did with just one document; he was convicted of a Class A Misdemeanor, and while he got very lenient treatment, no one contests his guilt. Hillary Clinton did this on a massive scale. 18 USC 1924
An additional count under this same law also applies to her use of an unsecured Blackberry mobile phone, from which she texted and phoned ALL of her official business. She was offered a secure government Blackberry which had special encrypted software built into it but she refused. Because the floor of the State Department which her office was on has heavy anti-hacking and cyber security protection, Hillary Clinton had to actually go downstairs to an unsecured area to receive all her calls—if that doesn’t sound like willful flaunting of basic security protocols, I don’t what does. I suspect a first year law student could prove intent on this count alone.
18 USC Code § 793 “Gathering, transmitting or losing Defense Information.” Felony. Says you cannot expose National Secrets through gross negligence. Whether Hillary Clinton INTENDED to expose State Department and other Classified and Top Secret documents to being hacked is irrelevant; her “carelessness” in and of itself is an indictable offense. It calls for ten years jail time. Again, let me repeat, intent is not necessary to prove guilt. Comey lied. 18USC 793
18 USC Code § 2071: This law stipulates that you cannot destroy government information. Felony. Does anybody seriously believe that over HALF of the 60,000 emails Hillary Clinton had on her private server were about Yoga classes and how to cookie recipes? Yet she deleted over half her emails without any oversight on the part of any official government agency or previous inspection by either the FBI, the CIA or even the State Department. 18 USC 2071
18 USC Code § 1519 Obstruction of Justice/Tampering with Evidence. Felony. Once the Benghazi Committee subpoenaed her emails, they should all have been turned over to the government and it was up to the FBI to determine what was and was not relevant. To delete more than 30,000 emails, whatever their content, in the knowledge that they had been subpoenaed is, IN AND OF ITSELF OBSTRUCTION OF JUSTICE. Moreover, Clinton and her lackeys did not just erase the emails the servers were wiped clean in a manner so as to make any of their contents irretrievable; that takes a helluva lot of intent to do that. 18 USC Code 1519
As it turns out, copies of some of those emails did surface and many, if not most, that survived were not “private” had to do with government business—or at the least mixing government business with personal gain—which brings us to:
44 USC § 3101 The Federal Records Act of 1950, which makes the Secretary of State responsible for “making and preserving” State Department Records. When HRC took office in January of 2009 she was made aware of all the rules regarding preservation of official records; moreover, a few months later the rules were updated, which stipulated that if someone used a non-agency email, any documents received via that means must also be preserved: OFR 1236.22. 44USC 3101 and 36 CFR 1236.22
18 USC § 1001 Making false statements before Congress. The whole private email scandal became public in the first place because, while testifying before the Benghazi Commission, knowledge of her using a private server first surfaced. In any case, nine days after the Benghazi attack Congress officially requested all—ALL—information related to the attack in possession of Hillary Clinton or the State Department. Nothing was handed over; multiple Freedom of Information lawsuits were filed by various parties and Hillary and the State Department deny there was anything to provide. Congress filed a subpoena, Clinton denied receiving it; moreover her denial of having any documents related to Libya were shown to be a lie by a photo taken of her using her personal Blackberry while on the way to Libya after the attack. When Sidney Blumenthal was force to turn over his documents about Benghazi, a number of the documents were from Hillary Clinton—proof that she LIED to Congress. The whole story of her stonewalling Congress and denying having any documents related to the whole affair is far more convoluted than I summarize her; but the main point is, that on multiple occasions she lied to Congress. 18 USC 1001
18 USC § 798 Making Classified information available to a person not entitled to receive it. This is a Class A Felony. Huma Abedin, was at one and the same time a paid employee of the State Department, an employee of a private Clinton-connected firm and a member of the Clinton Foundation. The legality of this triple dipping aside, and the motives behind it, it is clear that Huma Abedin routinely had access to the highest level intelligence, all at Clinton’s behest. Being an employee of a private company and a non governmental organization clearly disqualified her from having access to any kind of secure information; again, Hillary Clinton knowingly violated the law. This is a Class A Felony. 18 USC 798
There is one known occasion when one of Clinton’s minions was trying to fax a top secret document to SHE WHO MUST BE OBEYED and it wouldn’t go through, because the government machine was programmed not to transmit anything marked Top Secret to an unsecure destination. Clinton personally ordered the document stripped of its Top Secret markings so it would go through. The document in question had the locations of spy satellites and drones crucial to the government’s war on terrorism. I would say that was pretty clear intent, it was also reckless and that one act alone could well have endangered national security.
Because of Hillary Clinton’s wanton disregard for the law and putting private gain over National Security, it is clear that she endangered public safety and National security on numerous occasions. Moreover, although Comey hedged and equivocated whether National Security was in fact breached, there is abundant evidence it was, and on multiple occasions. First, and most publicly, was the Romanian hacker Guccifer, (or Guccifer 1) whom the FBI went to great lengths to have extradited to the US.
Unofficially, it is widely known that the Russians hacked into Hillary’s private server as well, although they obviously aren’t admitting anything. Putin, it is reported, is looking at ways to leak her deleted documents in a way that doesn’t directly implicate Russian intelligence. So expect at least some of those “private” emails to begin bubbling up during Her Majesty’s election campaign and even more so if she gets elected.
Chinese intelligence, who have multiple teams devoted to nothing but hacking into US government computer systems, has undoubtedly also read Clinton’s State Department secrets; there is even a more than even chance that ISIS and other terrorist organizations also accessed her State Department communiqués via her unsecure private server.
Again, as Director Comey noted, she would have better cyber security had she just used a gmail account. I can’t begin to count the number of violations of the Espionage Act she violated as a result, but I would warrant even a half baked prosecutor could make a credible enough case.
As for FBI Director Comey’s assertion that there were no precedents for prosecuting Clinton for her wanton disregard of American security, this too is a bald faced lie. Without going into details, but besides General Petraeus, a number of individuals have been prosecuted and convicted for doing far less than what Hillary Clinton did: Major Jason Brezler; Bradley (now Chelsea) Manning; Naval Reservist Bryan H, Mishimura; CIA Whistleblower John Kiriakou; the list goes on and on; but in all cases, their alleged offenses were far less and in most case motivated by patriotism. Hillary Clinton’s motives are entirely different issue, but suffice it to say, she was motivated more by self interest than public interest.
The above is just a brief summary, and only related to her Email criminality. In truth, Emailgate is but the tip of Clinton criminal enterprises, most of which spread, like a vast international spider-web, from the Clinton Foundation. I don’t know what blackmail Bill Clinton used against the Obama Administration and Attorney General Lynch, but apparently it was enough to make them shit themselves in their efforts to obstruct bringing a serial criminal to justice.