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Hillary Clinton and Personal Honesty
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When FBI Director James Comey publicly revealed his recommendation to the Department of Justice last week that former Secretary of State Hillary Clinton not be prosecuted for espionage, he unleashed a firestorm of criticism from those who believe that Clinton was judged by different standards from those used to judge others when deciding whether to bring a case to a grand jury.

The FBI investigation had a bizarre ending to it. FBI recommendations are never made public as this one was. Attorney General Loretta Lynch had been compromised by her politically disastrous but legally consequential meeting out of the view of the media with Bill Clinton just one week before Comey’s announcement. Whatever they discussed, the overwhelming public impression was such that Lynch removed herself and her senior aides from the case, effectively leaving the FBI to have the final say. This is unheard of in the post-Hoover FBI.

The Comey announcement itself gave two reasons for recommending against indictment. One was that “no reasonable prosecutor” would take the case. That is not a judgment the FBI gets paid to make. The FBI’s job is to gather, present and evaluate facts and evidence, not predict what prosecutors might do with it. The other stated reason for recommending against indictment was that though Clinton may have been “extremely careless” in handling state secrets, she was not “grossly negligent,” which is the standard required by the espionage statute.

Yet Comey also acknowledged that Clinton sent state secrets to nongovernmental colleagues who lacked national security clearances, that those people were hacked by hostile intelligence services and that she used her numerous non-secure mobile devices recklessly while inside the territorial borders of those hostile governments. If all that is somehow extremely careless but not grossly negligent, then many who have done far less than Clinton — and have been prosecuted and convicted — were wrongly prosecuted.

Since Comey’s announcement last week, several new factors have come to light. One is that the DOJ never presented any evidence to a grand jury. It never sought subpoenas from a grand jury. This is unheard of in major criminal investigations because the FBI alone has no subpoena power and needs a grand jury to issue subpoenas for it.

The absence of a sitting grand jury also makes one wonder about the circumstances under which and the purpose for which the DOJ obtained immunity for Bryan Pagliano, Clinton’s internet technology adviser. She paid him $5,000 to migrate her public and her secret State Department email streams from the government’s secure servers to her own non-secure servers. Immunity, which is essentially the pre-indictment permanent forgiveness of criminal behavior, cannot be given lightly and can only be given in return for testimony — usually to a grand jury or a trial jury. Strangely, that was not the case here.

Nevertheless, Clinton’s persistent problems with personal honesty have brought her face to face with three more criminal investigations. One is for public corruption. The second is for perjury. And the third is for misleading Congress.

ORDER IT NOW

The public corruption investigation has been underway for a few months. The allegations are that she exercised the powers of her office as secretary of state to enrich her husband and herself. The evidence here is ample. There are dozens of documented instances in which foreign governments and individuals received beneficial treatment from her State Department — usually exemptions from compliance with American laws or regulations — and then collectively gave hundreds of millions of dollars to the Clinton Foundation at a time when it was not a registered lawful charity.

The second investigation Clinton faces is for perjury. This arises out of a Freedom of Information Act civil lawsuit during which she swore in writing and under oath, citing the phrase “under penalty of perjury,” that she surrendered all of her work-related emails to the State Department. When she left the State Department, she effectively took all of her emails with her. Then, when the FOIA cases began, she returned about half of what she had taken, claiming that the other half was personal.

The FBI found that she failed to return thousands of work-related emails, some of which she and her lawyers attempted to destroy and some of which they succeeded in destroying. Who ordered the destruction?

Finally, Clinton will most likely be confronted with charges of misleading Congress. Misleading Congress consists of intentionally creating a false impression in response to material congressional questions. She did this when she denied to the House Select Committee on Benghazi that she had sent or received emails via her home servers that contained state secrets.

The FBI found 110 emails in that category, at least two dozen of which were at the highest level of protection that the government accords its secrets. She also told that same committee that she had surrendered all her work-related emails to the State Department.

Former New York Yankees pitching great Roger Clemens was tried twice (after a trial that ended with a hung jury, he was ultimately acquitted) for misleading Congress when he was forced to speak to a House committee about the contents of his blood and urine as a baseball player. Clinton has misled Congress about her lawful obligations as secretary of state, and she skates free.

Back in the Whitewater days, when the propensity of both Bill and Hillary Clinton to lie routinely and naturally first became apparent to the media and the public, the late, great New York Times columnist William Safire referred to Mrs. Clinton by a moniker that enraged her husband. He became so fearful of the truth and so furious with Safire that he publicly threatened to punch Safire in the nose.

Safire called Hillary Clinton a congenital liar. He was right. That was 20 years ago. Some people never change.

Copyright 2016 Andrew P. Napolitano. Distributed by Creators.com.

 
• Category: Ideology • Tags: 2016 Election, Hillary Clinton 
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  1. The rule of law does not apply to the Clintons. It never has and it never will. All these investigations will end with no criminal charges brought. Hillary Clinton’s ability to consistently evade legal consequences for her actions is a feature, not a bug, of her candidacy. It is appealing to large portions of her constituency.

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  2. tbraton says:

    Very good analysis, Judge Napolitano. Your point about Bryan Pagliano’s immunity is especially intriguing since I have long read about and have been puzzled by it. Thanks for shedding the little light you were able to shed on this somewhat mysterious subject.

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  3. […] Judge Naps breaks down the Clinton non indictment and why she is untrustworthy. Read Here. […]

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  4. Hubbub says:

    “Hillary Clinton and Personal Honesty”

    To mention both Hillary and Honesty in the same phrase is to do harm to the letter “H”.

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  5. tbraton says:

    The issue that occurs to me is, if Hillary is not indicted and loses to Trump in November, whether President Obama will issue an anticipatory pardon to her before he leaves office. If he doesn’t, the Trump administration could choose to indict Hillary on the email scandal and other matters, such as lying to Congress. Then there is the juicy target of the Clinton Foundation. Something is going to have to be done to put that slush fund out of business and prevent a similar enterprise by soon to be ex-President Obama.

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  6. tbraton says:

    “The Comey announcement itself gave two reasons for recommending against indictment. One was that “no reasonable prosecutor” would take the case. That is not a judgment the FBI gets paid to make. The FBI’s job is to gather, present and evaluate facts and evidence, not predict what prosecutors might do with it. ”

    I just wanted to stress what an important point that is, Judge Napolitano. I haven’t read any MSM article which makes this important point. While Comey may have been a former prosecutor in his role as U.S. Attorney for the SDNY, he is not now a prosecutor. He is head of the FBI, the organization which investigated the Clinton email matter. He clearly exceeded his authority by making a decision that only a prosecutor can make. The only “good” thing that came out of this unsavory mess is that Comey was allowed to make a full-blown “indictment” of Hillary Clinton’s illegal practices in the email matter, by setting forth the facts in detail, while choosing not to prosecute her. If recent polls are any indication, the American public generally got the message.

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  7. Napolitano:

    “Former New York Yankees pitching great Roger Clemens was tried twice (after a trial that ended with a hung jury, he was ultimately acquitted) for misleading Congress when he was forced to speak to a House committee about the contents of his blood and urine as a baseball player. Clinton has misled Congress about her lawful obligations as secretary of state, and she skates free.”

    Chalk up another victory for The Pantsuited One!

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    • Replies: @tbraton
    Don't forget James Clapper, Director of National Intelligence, who openly lied under oath to Congress and completely escaped any punishment: "Two U.S. representatives accused Clapper of perjury for telling a Congressional committee in March 2013, that the NSA does not collect any type of data at all on millions of Americans. One senator asked for his resignation, and a group of 26 senators complained about Clapper's responses under questioning. Media observers have described Clapper as having lied under oath, having obstructed justice, and having given false testimony."
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  8. tbraton says:
    @Orville H. Larson
    Napolitano:

    "Former New York Yankees pitching great Roger Clemens was tried twice (after a trial that ended with a hung jury, he was ultimately acquitted) for misleading Congress when he was forced to speak to a House committee about the contents of his blood and urine as a baseball player. Clinton has misled Congress about her lawful obligations as secretary of state, and she skates free."

    Chalk up another victory for The Pantsuited One!

    Don’t forget James Clapper, Director of National Intelligence, who openly lied under oath to Congress and completely escaped any punishment: “Two U.S. representatives accused Clapper of perjury for telling a Congressional committee in March 2013, that the NSA does not collect any type of data at all on millions of Americans. One senator asked for his resignation, and a group of 26 senators complained about Clapper’s responses under questioning. Media observers have described Clapper as having lied under oath, having obstructed justice, and having given false testimony.”

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  9. Anonymous says: • Disclaimer

    Who collected the insurance money from the 9-11 false flag operation. The people who owned the real estate kept the subway fares down, but they killed a lot of good people. I would walk ten miles or pay 10 dollars if I could bring back those people. It wasn’t Muslims. It is not Muslims that want a greater Israel. It is not even spelled right, Isreal everywhere is real and the Messiah walks among you. SEE! ? Or ww3. YOU stupid greedy fucks. PLEASE WAKE UP . Stop the ity of London

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  10. Heymrguda says:

    It should be apparent by now that no leftist, progressive political figure will ever be indicted for anything. It started with JFK and his affairs with a mafia moll and a potential East German spy, coupled with the sordid Marilyn Monroe affair, then LBJ with scandals too numerous to quickly recount, and continues through the present time.
    Yet Clarence Thomas barely made it to the Supreme Court because of, what, a joke about a pubic hair one coke can?

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  11. Sen McCarthy was not only (futilly) trying to expose the commie infiltration of the US entertainment scene, rather just how far it had penetrated US society as a whole. They, the leftist nutcase professors, who have been brainwashing our kids on a daily basis, while raking down their obscene unearned wages, they, such is the case with all pinko lunatics, they just don’t grasp that they will also go down with the ship, when it finally turns belly up. Their perverse view of themselves beening the “enlightened” cadre’, who will run the show after the mayhem has subsided, won’t fly, it never has. Elmer Fudd, conservative (believe it or not) jazz performer, and “Mensa” member of forty years.

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    • Replies: @Ivy
    McCarthy was right about so much, and with better handlers to rein his noted lack of decency could've stayed around to flush out more of the Commies in the US government. That would've turned up the heat on academia, too.
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  12. Ivy says:
    @Elmer Fudd
    Sen McCarthy was not only (futilly) trying to expose the commie infiltration of the US entertainment scene, rather just how far it had penetrated US society as a whole. They, the leftist nutcase professors, who have been brainwashing our kids on a daily basis, while raking down their obscene unearned wages, they, such is the case with all pinko lunatics, they just don't grasp that they will also go down with the ship, when it finally turns belly up. Their perverse view of themselves beening the "enlightened" cadre', who will run the show after the mayhem has subsided, won't fly, it never has. Elmer Fudd, conservative (believe it or not) jazz performer, and "Mensa" member of forty years.

    McCarthy was right about so much, and with better handlers to rein his noted lack of decency could’ve stayed around to flush out more of the Commies in the US government. That would’ve turned up the heat on academia, too.

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  13. Enquiring Mind, thanks for your on the money retort. The ultimate conundrum being that the ignorant fools in US gov, and academia, and in the low-info voting masses ( Democrats ) who are infected with the socialist/communist virus, have no fucking clue as to what Communisim really is as none of them have ever seen it from the inside, I have, having spent time behind the iron curtain in the early seventies, and believe you me I was elated beyond words, as I passed back through the borders, leaving behind the most morbid, depressing state of societal despair probably possible on this bonkers planet, and to contemplate the fact that half of America craves such malaise and deprival, simply because they have been BSd by the depraved Democrat party apparatus into believing that communism/socialism is ” fair”, as opposed to capitalism, this state of affairs, with no apparent remedy in sight, is beyond heatbreaking. Regarding Mc Carthy, I am posting from Europe, and the same vengeful ignorant sentiment permeates all of the western european countries: My wife, as a young girl in a catholic college, sixties, was obliged to concoct an anti- McCarthy essay, even though she had never heard his name before that point in time.

    Read More
    • Replies: @Ivy
    Thank you. The socialist and liberal brainwashing that is hurting Europe and the US is led by so many deranged people. They tell the citizenry that "we know best so give us money to run your lives". The academics are among the worst, as they bully impressionable young minds to suit their agenda. I am glad that I was at university before things got even worse.
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  14. So Pagliano was granted immunity. Which suggests that the DOJ may have originally sought to indict Nurse Ratched. And then…they didn’t.

    What DID Bill Clinton say to Lynch?

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  15. Ivy says:
    @Elmer Fudd
    Enquiring Mind, thanks for your on the money retort. The ultimate conundrum being that the ignorant fools in US gov, and academia, and in the low-info voting masses ( Democrats ) who are infected with the socialist/communist virus, have no fucking clue as to what Communisim really is as none of them have ever seen it from the inside, I have, having spent time behind the iron curtain in the early seventies, and believe you me I was elated beyond words, as I passed back through the borders, leaving behind the most morbid, depressing state of societal despair probably possible on this bonkers planet, and to contemplate the fact that half of America craves such malaise and deprival, simply because they have been BSd by the depraved Democrat party apparatus into believing that communism/socialism is " fair", as opposed to capitalism, this state of affairs, with no apparent remedy in sight, is beyond heatbreaking. Regarding Mc Carthy, I am posting from Europe, and the same vengeful ignorant sentiment permeates all of the western european countries: My wife, as a young girl in a catholic college, sixties, was obliged to concoct an anti- McCarthy essay, even though she had never heard his name before that point in time.

    Thank you. The socialist and liberal brainwashing that is hurting Europe and the US is led by so many deranged people. They tell the citizenry that “we know best so give us money to run your lives”. The academics are among the worst, as they bully impressionable young minds to suit their agenda. I am glad that I was at university before things got even worse.

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
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