FBI Director James Comey announced today that he has insufficient evidence of “intent” to file charges against Democratic presumptive nominee former Secretary of State Hillary Rodham Clinton for sending and receiving classified or Top Secret emails over her private server while secretary of state [Jan. 21, 2009 to Feb. 13, 2013]. Hailing Comey’s decision as an end to a GOP witch-hunt, Hillary’s campaign was more than ready to move on. Calling Hillary’s use of a private email server “extremely careless,” Comey found insufficient evidence of “intent” to prosecute the former First Lady, U.S. Senator and Secretary of State. Hillary denied under oath Oct. 22, 2015 before the Benghazi Select Committee ever sending or receiving emails “marked” classified or Top secret. Comey’s report clearly shows that Hillary sent or received at least 110 classified, Top Secret or highly sensitive emails over her private server
Appearing with Hillary in Charlotte, N.C. today, President Barack Obama hopes to give Hillary a boost after the FBI probe weighed on the campaign. When former President Bill Clinton met Atty. Gen. Loretta Lynch at Phoenix’s Sky Harbor International Airport June 30, it anticipated Comey’s decision. Meeting Clinton hurt Lynch’s impartiality as AG but, more importantly, added to voters’ concerns that Hillary is untrustworthy. Today’s announcement to not charge Hillary was expected for months, despite legal pundits at Fox News trying-and-convicting Hillary on Cable News. “Although the Department of Justice makes the final decision on matters like this, we are expressing to Justice our view that no charges are appropriate in this case,” Comey told the press at FBI headquarters in Washington. Comey’s agents spent three-and-a-half hours Saturday, July 1 interviewing Hillary.
Comey’s decision to not press charges stem from the legal requirement to show “intent” to send or receive classified or Top Secret emails. “Although there is evidence of potential violation of the statutes regard the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case,” said Comey, realizing the burden of proof was too high. Hillary can hardly find vindication in Comey’s press conference. Hillary’s campaign was quick to spin Comey’s words as proof that the case was much ado about nothing. “As the Secretary of State has long said, it was a mistake to use her personal email and she would not do it again,” said the Clinton campaign. “We are glad that this matter is now resolved,” celebrating Comey’s decision. Comey also said there are consequences to individuals who misuse their classified or Top Secret security clearance.
Comey made clear that the burden of prosecution faced the high bar of proving “intent” beyond a reasonable doubt. He stated clearly that Hillary violated government laws regarding handling classified and Top Secret information. “Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of the classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information,” said Comey. Comey knows that anyone other than the former First Lady, U.S. Senator, Secretary of State and presumptive Democratic nominee would have their Top Secret clearance yanked. No government or elected official would face no consequences for mishandling classified or Top Secret information. Comey ripped Hillary for using a private email account for such highly sensitive information.
Using a private email server set up by her tech-guy Brian Pagliano exposed national security secrets to foreign governments. “It is possible that hostile actors gained access” to Hillary’s private email, exposing national security secrets, classified, Top Secret of highly sensitive information to hostile governments. Comey said that neither Hilalry nor anyone on her staff faced disciplinary action for mishandling protected government information. Comey said charges weren’t filed because it was difficult to prove “intent” to mishandle classified information, disloyalty to the U.S. or obstruction of justice. Scrubbing her private server of 33,000 so-called private emails certainly looks like obstruction of justice. Hillary could have turned all her emails over to the FBI without compromising her privacy but chose to scrub her server, something walking a fine line of obstruction of justice.
Hillary’s mishandling of government laws related to handling classified, Top Secret or sensitive information went beyond inadvertent or accidental actions. Hillary deliberately, according to testimony of her personal aid Huma Abedin Oct. 16, 2015, set up a private email server, ignoring State Department rules to use a government email account. Comey admitted that anyone with security clearance mishandling protected information would face consequences. “Those individuals are often subject to security or administrative sanctions,” said Comey, referring to the common practice of yanking the offender’s security clearance. Campaigning with Obama today, Hillary hopes to put the email scandal behind her. “”The system is rigged,” Trump Tweeted. “Very, very unfair! As usual, bad judgment,” not letting Comey’s decision stop from criticizing Hillary for exercising bad judgment.
