Thursday, July 7, 2016

In What Bizarro Universe Should HRC Be Prosecuted For Having A Private email Server Even Though She Did't Break The Law?

In the Libertarian blogger Willis Hart's Bizarro universe, apparently. And he also thinks that because Republican FBI Director James Comey decided not to prosecute HRC that "someone got to him".

Willis Hart: On the Fact that in FBI Director James Comey's Bizarro Universe, the Terms "Extremely Careless" and "Gross Negligence" Are World's Apart... Somebody got to him. And if you listen to the man's presentation, everything that he said pointed straight to a recommendation to indict (the fact that dozens of these messages were considered classified AT THE TIME, the fact that her server wasn't even as secure as Gmail, his admission that other people would have been penalized for these transgressions, etc.). And then, kaboom, nothing!!! Oh well, time to move on, I guess. (7/6/2016 AT 5:17pm).

So previously Willis indicated that he was positive that HRC would be forced to run her campaign from a prison cell, meaning she would be prosecuted and convicted before voting in November of 2016 (OST #133). Now that that has not happened (which I predicted it would not) Willis thinks "someone got to him"?!

No, the reason HRC isn't being prosecuted is because she did not break the law. As he indicated in testimony today (7/7/2016) before the House Oversight Committee, chaired by Jason Chaffetz. (Note: audio clips sourced from The Stephanie Miller Show 7/7/2016 and transcribed by me).


Jason Chaffetz: Did Hillary Clinton break the law?

James Comey: In connection with her use of the email server? My judgement is that she did not.

Jason Chaffetz: You're just not able to prosecute it, or did Hillary Clinton break the law?

James Comey: I don't want to give an overly lawyerly answer, but the question I always look at is - is there evidence that would establish beyond a reasonable doubt that someone engaged in conduct that violated a criminal statute. And my judgement here is that there is not.


James Comey: When I look at the facts we gathered here, as I said, I see evidence of great carelessness, but I do not see evidence that is sufficient to establish that Secretary Clinton, or those with those whom she was corresponding, both talked about classified information on email, and knew when they did it they were doing something that was against the law.

So, given that assessment of the facts [and] my understanding of the law, my conclusion was (and remains) no reasonable prosecutor would bring this case. No reasonable prosecutor would bring the 2nd case in a hundred years focused on gross negligence. So I know that's been a source of confusion for some folks. That's just the way it is. I know the Department of Justice, I know no reasonable prosecutor would bring this case. I know a lot of my former friends are out there saying they would. I wonder where they were the last 40 years, because I'd like to see the cases they brought on gross negligence. Nobody would and nobody did. (Audio clips via the Stephanie Miller Show 7/7/2016, Transcribed by me).

Stephanie Miller (on the 7/6 edition of her show) informed her listeners and viewers there would be no charges because "the case lacked the aggravating factors that have lead prosecutors to press charges in the past. Comey noted those previously charged in such instances intentionally or willfully mishandled classified information, or did so in such vast quantities that they must have known what they were doing...".

In addition SM noted (quoting an AP story) that such mishandling of information was routine and "consistent with the State Department culture over the past 2 administrations".

So, the standard (regarding decisions on whether or not to bring charges) is (apparently) not "gross negligence" but whether or not the person violated the rules intentionally. Although Willis is clearly convinced that the standard is Gross Negligence alone.

But it isn't. HRC did not break the law because there was no intent. End of story.

The only reason the Hartster finds this "bizarre" is because he strongly dislikes HRC and desperately wanted to see here prosecuted. BTW, that the bush administration also mishandled sensitive information? Yeah, that happened. And the bush White House also deleted a 22 million emails ("a possible violation of the Presidential Records Act of 1978, and the Hatch Act") in a successful attempt to coverup election fraud - AG Alberto Gonzales fired US attorneys who wouldn't investigate fake/non-existent voter fraud cases (SWTD #331).

What's truly bizarre IMO is that Gonzales was pressured to step down. And then, kaboom, nothing! This when the evidence CLEARLY pointed to INTENTIONAL violations of the law (bushie attempts to manipulate the vote to get gwb re-elected).

And the main reason this HRC email server controversy went as far as it did - a fricking FBI investigation (when there was no investigation re actual bushie crimes) is because Republicans use EVERY opportunity to attack Democrats. And refuse to stop even when THEIR OWN investigations conclude that Democrats did nothing wrong.

They just "investigate" again (and again, and again)! This explains the 13 published reports on Benghazi. All of which found that there was no "stand down" order, no intelligence failure leading to the Benghazi tradegy, and no administrative wrongdoing (Benghazi By The Numbers).

Now I hear that Congressional Republicans plan to appoint a special prosecutor to further investigate HRC re her private email server. And the FACT that the purpose of this "investigation", JUST LIKE the Benghazi "investigation" was to politically harm HRC's presidential campaign (Republican Whistleblower Confirms Benghazi Investigation Is Illegally Targeting Clinton).

And yet, the outrage of Willis concerns ONLY these fake HRC scandals (he's also quite outraged re HRC/Benghazi) and not the fact that these "investigations" are purely political? And illegal, given that it's a violation of federal law (31 U.S.C. § 1301) to use official government resources for political purposes.

OST #156. See also SWTD #338.

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