When 56-year-old FBI director James Comey decided July 3 to not move ahead with a grand jury to charge Democratic nominee former Secretary of State Hillary Rodham Clinton with violating U.S. laws related to classified information, the legal community groaned. Comey spent months answering question before Congress on why he decided that he couldn’t prove “intent” behind Hillary transmitting on her private email server classified information. Comey erred in deciding as a federal law enforcement agency he needed to show “intent,” when, in fact, that was the business of a qualified grand jury. Given reams of new emails of former Rep. Anthony Weiner’s laptop computer, Comey’s FBI investigators found enough substance to reopen Hillary’s email investigation. Comey’s Oct. 28 decision to notify Congress about a new investigation prompted both praise and ridicule.
Democats railed against Comey’s decision only 11 days before the election, citing a breach of protocol with the Justice Department. Atty. Gen. Loretta Lynch was among those protesting the loudest, raising possible violations of the Hatch Act, preventing government agencies from political actions. Lynch mentioned nothing about her June 30 meeting with former President Bill Clinton on the tarmac of Phoenix’s Sky Harbor Airport, only four days before Comey decided to let Hillary off the hook. Comey never said Hillary didn’t violate U.S. classified information laws, calling her actions “extremely careless.” What Comey said was that he couldn’t show “intent,” necessary for prosecution. Since July, Comey realized it wasn’t up to him to show “intent,” something better left to a grand jury. Comey’s decision to reopen the email investigations speaks volumes about probable cause.
Speaking in Kent Ohio, Hillary downplayed the new FBI investigation, suggesting the outcome would be the same as July. “There is no case here,” Hillary told supporters at a rally in Ohio. Hillary’s campaign chairman John D. Podesta admitted he knows nothing of what’s in the thousands of emails currently under FBI investigation. Telling voters “there’s no case,” Hillary shows why she’s unequalled in blowing smoke, pretending that there’s nothing to the FBI investigation. Podesta said Comey didn’t know what was in the volumes of emails now under FBI review. Comey knew enough from his senior investigators to notify Republicans and Democrats in Congress that a new FBI investigation was underway. “Most people have decided a long time ago what they think about all this,” said Hillary, knowing that absentee voters made a decision without knowing about the new FBI investigation.
Voters know now that one of the two national party presidential candidates is under FBI investigation for violating U.S. laws governing sending-and-receiving classified material. While condemning Comey over reopening the email investigation, Hillary praised the FBI director to no end July 3 when he decided not to movie forward with prosecution. “In these last days, let’s not get distracted from the real choice in this election and the consequences fro your future,” Hillary told voters in Ohio. It’s not up to Hillary or any criminal defendant to decide, “there is no case.” Only a grand jury can review the pertinent evidence to make that judgment. Even the FBI can’t determine what a grand jury can decide reviewing the best evidence. Hillary wants her legal problems to disappear without any judicial review. If it were up to her campaign, she’d be given an immediate pardon.
When you consider voters cast absentee ballots before Comey reopened the investigation, they were duped into voting for Hillary. If Comey shows the FBI has enough evidence to convene a grand jury, Hillary would be pressured to resign. Even the liberal-leaning Chicago Tribune urged Hillary to step aside, now that she’s under FBI investigation. Whether Comey’s announcement is enough to turn what looked like a lock for Hillary on the election is anyone’s guess. While national and state polls have tightened since Comey’s Oct. 28 announcement, Trump still has an uphill battle to Election Day. If Hillary wins the presidency and Comey proceeds with charges, it’s not inconceivable that Hillary could get impeached. Hillary’s campaign insists Comey breached protocol –and possibly the Hatch Act—before the election but the real breach is a presidential candidate under FBI investigation.
Speaking at campaign rallies only a week before the election, Hillary ignores recent legal developments, focusing on closing the deal. It’s unclear how many undecided voters are really left, with both campaigns polarizing voters. Hillary’s backers seem less concerned with her legal problems than with keeping Trump out of the White House. If Comey shows there’s indeed a case against Hillary, it’s most likely to happen after Nov. 8. Press reports suggest the FBI could be reviewing some 650,000 newly found emails, a number so staggering it could take months to complete. When you consider current Democratic National Committee Chairwoman Donna Brazile resigned from CNN in disgrace after supplying Hillary’s campaign questions before the CNN Oct. 9 town hall debate, Hillary has more on her plate than only emails. Cheating on a presidential debate shows how low things can go.
