“FBI Rewrites Federal Law to Let Hillary Off the Hook” by Andrew C. McCarthy July 5, 2016
FACT: Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States. = COMEY to give Clinton a pass rewrote the statute, inserting an intent element that Congress did not require.
FACT: Comey for FBI = Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.
COMEY VIOLATES LAWS INTENT = Intent of law is to criminalize “GROSS NEGLIGENCE” of government officials who are given special obligation to safeguard national defense secrets.
FACT: Clinton fail to carry out the obligation to safeguard national secrets = Gross Negligence and she is guilty of serious wrongdoing and INTENT is irrelevant in NEGLIGENCE CHARGE!
FACT: Other statutes 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. = A “STRAW MAN” LIE! She may not be guilty of intent but that is irrelevant to the NEGLIGENCE CRIME!
COMEY AND FBI = Just because she likely did 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 because she did not intend to HURT AMERICANS.
COMEY LIED = Claim that no reasonable prosecutor would bring a case based on the evidence uncovered by the FBI when Congress purposely criminalized the mishandling of classified information through gross negligence to prevent harm to NATIONAL SECURITY = SILLY COMEY CLAIM AND COMPLETELY INVALID as the statute has clearly been violated.
FACT: Many, if not most, reasonable prosecutors would feel obliged to bring the case for prosecution.