In a stunning revelation, FBI Director James Comey both cleared Hillary Clinton and stated there was evidence she violated the law. He recommended taking no action at all.
“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.”
Any other violator of the classified material laws would already be handcuffed. However, there is a silver lining in this cloud over our justice system:
Comey just elected Donald Trump.
Had Director Comey recommended prosecution, a riotous Democrat convention would have convened in Philadelphia later this month and nominated either Vice President Biden or Senator Sanders.
Either might have been tougher opponents for Trump in the general election. Biden’s grandfatherly demeanor could overcome his apparent Alzheimer’s’ moments and be a “Hillary without the baggage,” and Bernie’s anti-establishment Socialist rant against corporations could attract many of the disaffected Democrats in the rust-belt states that are now uncontestedly Trump’s.
I wrote last year how Biden might have been groomed to be Obama’s “Medvedev;” to be his puppet who unlike Hillary would answer his calls and carry out his every wish.
Comey was at best ignorant of the law he is sworn to uphold in raising a standard of intent. 18 U.S.C. 1924 does require intent, but 18 U.S.C. 793 does not. “Gross negligence,” or in Comey’s words, “extremely careless” is all that is needed.
18 U.S. Code § 793 – Gathering, transmitting or losing defense information.
“(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both.”
Far more could and will be written about her “born classified” documents and top secret and above being exposed to foreign state-level hackers, Bill Clinton’s “visit” to Attorney General Lynch, how Hillary was warned while Secretary of State against her home-brew server, or the lives possibly threatened or lost by exposed emails.
While justice was not served, and indeed a dangerous precedent was set to protect person responsible for the greatest potential release of classified by a public official, in the long term, Americans may look back and see that Comey’s decision in fact tipped the scales to Trump’s #CrookedHillary campaign.