Monday, October 31, 2016

The Clintons Corrupt Everything.

They do the indefensible and then the establishment disgraces itself by defending them.

//Those decisions were not his to make, nor were the reasons he offered for making them at all tenable: that prosecutions for anything but mishandling large amounts of classified information, accompanied by false statements to investigators, were unprecedented; and that criminal prosecutions for gross negligence were constitutionally suspect.

Members of the military have been imprisoned and dishonorably discharged for mishandling far less information, and prosecutions for criminal negligence are commonplace and entirely permissible. Yet the attorney general, whose decisions they were, and who had available to her enough legal voltage to vaporize Mr. Comey’s flimsy reasons for inaction, told Congress she would simply defer to the director.

That July announcement of Mr. Comey, and that testimony by Attorney General Loretta Lynch, also had a history.

When the FBI learned that two of the secretary’s staff members had classified information on their computers, rather than being handed grand-jury subpoenas demanding the surrender of those computers, the staff members received immunity in return for giving them up. In addition, they successfully insisted that the computers not be searched for any data following the date when Congress subpoenaed information relating to its own investigation, and that the computers be physically destroyed after relevant data within the stipulated period was extracted.

The technician who destroyed 30,000 of Mrs. Clinton’s emails after Congress directed that they be preserved lied to investigators even after receiving immunity. He then testified that Clinton aides requested before service of the subpoena that he destroy them, and that he destroyed them afterward on his own initiative.

Why would an FBI director, who at one time was an able and aggressive prosecutor, agree to such terms or accept such a fantastic story?

The search for clues brings us to an email to then-Secretary Clinton from President Obama, writing under a pseudonym, that the FBI showed to Ms. Abedin. That email, along with 21 others that passed between the president and Secretary Clinton, has been withheld by the administration from release on confidentiality grounds not specified but that could only be executive privilege.

After disclosure of those emails, the president said during an interview that he thought Mrs. Clinton should not be criminally charged because there was no evidence that she had intended to harm the nation’s security—a showing required under none of the relevant statutes. As indefensible as his legal reasoning may have been, his practical reasoning is apparent: If Mrs. Clinton was at criminal risk for communicating on her nonsecure system, so was he.

That presented the FBI director with a dilemma that was difficult, but not complex. It offered two choices. He could have tried to proceed along the course marked by the relevant laws. The FBI is powerless to present evidence to a grand jury, or to issue grand-jury subpoenas. That authority lies with the Justice Department, headed by an attorney general who serves, as her certificate of appointment recites, “during the pleasure of the President of the United States for the time being.”

However, the director could have urged the attorney general to allow the use of a grand jury. Grand juries sit continuously in all the districts where an investigation would have been conducted, and no grand jury need have been convened to deal with this case in particular. If she refused, he could have gone public with his request, and threatened to resign if it was not followed. If she had agreed, he would have been in the happy position last week of having discovered yet further evidence that could be offered in support of pending charges. If she had refused, he could have resigned.//



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