Puppet Masters
Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.
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. It is a common tactic of defense lawyers in criminal trials to set up a straw-man for the jury: a crime the defendant has not committed. The idea is that by knocking down a crime the prosecution does not allege and cannot prove, the defense may confuse the jury into believing the defendant is not guilty of the crime charged. Judges generally do not allow such sleight-of-hand because innocence on an uncharged crime is irrelevant to the consideration of the crimes that actually have been charged.
It seems to me that this is what the FBI has done today. It has told the public that because Mrs. Clinton did not have intent to harm the United States we should not prosecute her on a felony that does not require proof of intent to harm the United States. Meanwhile, although there may have been profound harm to national security caused by her grossly negligent mishandling of classified information, we've decided she shouldn't be prosecuted for grossly negligent mishandling of classified information.
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.
Reader Comments
With the right connections and enough money, you know that there is a way around the legalities...
Again, it's who you know and who you blow, especially in the cutthroat upper echelon world of American politics.
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I heard a rumor that Cthulhu was going to run for president, but backed out upon hearing that Dick Chaney was pondering whether he should run... I guess there are more horrors walking this earth than are even dreamt of in Cthulhu's philosophies.
Formerly, the FBI made the decision as to whether or not to recommend indictments.. but not any more. As part of Project for a New American Century, 9/11 ushered in the "Intelligence Reform and Terrorism Prevention Act of 2004". It was enacted in response to the September 11 attacks. (never let a good crises go to waste) Since then, the FBI director reports to the Director of National Intelligence, who in turn reports to the President. Comey may or may not be truthful or honorable, but no matter, as it is not his decision.... The Director of National intelligence will not allow indictment of Hillary for National Security reasons. That apparently translates to "supporting the Empire" at the expense of federal laws, or the hopes of the American people to get an honest person elected President.
The people of the US are suddenly awakened to the new reality.. total domination by criminals.
Drunk drivers never mean to hurt anyone either............"Mrs Clinton..........where are the nuclear codes???"
Mrs Clinton says"I think I left them in my pocketbook".............."Where is your pocketbook???" Mrs Clinton says........."I dont know.....I thought you were watching it???"