FBI director James Comey released his long awaited report on
TV today concerning the results of his yearlong Investigation into Secretary
Hillary Clinton’s Use of a Personal E-Mail System. In it he meticulously listed
in detail every false statement, lie and serious crime Ms. Clinton committed with
regard to her private e-mail scheme during her tenure in office.
Then he looked straight into the camera and concluded with
a straight face that he would not be recommending to the Department of Justice
that Clinton be prosecuted. Previously, his boss, Attorney General Loretta
Lynch, promised the nation after her private meeting with Clinton’s husband,
Bill, that she would accept Comey’s recommendation.
In short, director Comey told us today that Hillary’s criminal
problems have finally been resolved, eliminated -- fixed. She’s guilty as sin
but the fix is in.
Here in relevant part is how it all went down:
“… What I would like to do today is tell
you three things: what we did; what we found; and what we are recommending to
the Department of Justice…”
“… Our investigation looked at whether
there is evidence classified information was improperly stored or transmitted
on that personal system, in violation of a federal statute making it a felony
to mishandle classified information either intentionally or in a grossly
negligent way, or a second statute making it a misdemeanor to knowingly remove
classified information from appropriate systems or storage facilities.
By his own admission,
Comey confirms that the only intent or gross negligence required under the law is
to improperly store or transmit classified material. (18 U.S. Code § 793). That is precisely what Ms.Clinton did. She
wanted total control of her work related communications even if it meant
improperly storing and transmitting the material. She knew exactly what she was doing at all
times. And there is no question whatever that she knowingly removed classified
information from appropriate systems or storage facilities, i.e., State Department
facilities.
“… Secretary Clinton used several
different servers and administrators of those servers during her four years at
the State Department, and used numerous mobile devices to view and send e-mail
on that personal domain…”
“… From the group of 30,000 e-mails
returned to the State Department, 110 e-mails in 52 e-mail chains have been
determined by the owning agency to contain classified information at the time
they were sent or received. Eight of those chains contained information that
was Top Secret at the time they were sent; 36 chains contained Secret
information at the time; and eight contained Confidential information, which is
the lowest level of classification. Separate from those, about 2,000 additional
e-mails were “up-classified” to make them Confidential; the information in
those had not been classified at the time the e-mails were sent...”
“… The FBI also discovered several
thousand work-related e-mails that were not in the group of 30,000 that were
returned by Secretary Clinton to State in 2014…”
“… With respect to the thousands of
e-mails we found that were not among those produced to State, agencies have
concluded that three of those were classified at the time they were sent or
received, one at the Secret level and two at the Confidential level…”
“… Because she was not using a
government account—or even a commercial account like Gmail—there was no
archiving at all of her e-mails...”
This by itself is a
serious violation of the law.
“…Last, we have done extensive work to
understand what indications there might be of compromise by hostile actors in
connection with the personal e-mail operation…”
“… Although we did not find clear
evidence that Secretary Clinton or her colleagues intended to violate laws
governing the handling of classified information, there is evidence that they
were extremely careless in their handling of very sensitive, highly classified
information.
Extremely careless
equals gross negligence.
For example, seven e-mail chains concern
matters that were classified at the Top Secret/Special Access Program level
when they were sent and received. These chains involved Secretary Clinton both
sending e-mails about those matters and receiving e-mails from others about the
same matters. There is evidence to support a conclusion that any reasonable
person in Secretary Clinton’s position, or in the position of those government
employees with whom she was corresponding about these matters, should have
known that an unclassified system was no place for that conversation. In
addition to this highly sensitive information, we also found information that
was properly classified as Secret by the U.S. Intelligence Community at the time
it was discussed on e-mail (that is, excluding the later “up-classified”
e-mails)
This is clear
evidence of intent.
None of these e-mails should have been
on any kind of unclassified system, but their presence is especially concerning
because all of these e-mails were housed on unclassified personal servers not
even supported by full-time security staff, like those found at Departments and
Agencies of the U.S. Government — or even with a commercial service like Gmail.
Separately, it is important to say
something about the marking of classified information. Only a very small number
of the e-mails containing classified information bore markings indicating the
presence of classified information. But even if information is not marked
“classified” in an e-mail, participants who know or should know that the
subject matter is classified are still obligated to protect it.
Clinton absolutely
knew that the information was classified and that she was handling it improperly
in violation of the law.
While not the focus of our
investigation, we also developed evidence that the security culture of the
State Department in general, and with respect to use of unclassified e-mail
systems in particular, was generally lacking in the kind of care for classified
information found elsewhere in the government.
With respect to potential computer
intrusion by hostile actors, we did not find direct evidence that Secretary
Clinton’s personal e-mail domain, in its various configurations since 2009, was
successfully hacked. But, given the nature of the system and of the actors
potentially involved, we assess that we would be unlikely to see such direct
evidence. We do assess that hostile actors gained access to the private
commercial e-mail accounts of people with whom Secretary Clinton was in regular
contact from her personal account. We also assess that Secretary Clinton’s use
of a personal e-mail domain was both known by a large number of people and
readily apparent. She also used her personal e-mail extensively while outside
the United States, including sending and receiving work-related e-mails in the
territory of sophisticated adversaries. Given that combination of factors, we
assess it is possible that hostile actors gained access to Secretary Clinton’s
personal e-mail account.
This is tantamount to
an admission that Ms. Clinton’s servers were probably hacked by hostile actors.
So that’s what we found. Finally, with
respect to our recommendation to the Department of Justice:
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…”
Comey candidly admits
that he has the evidence; he has plenty of evidence that Hillary Clinton violated
the law. She committed a felony. And I can find several “reasonable prosecutor’s”
who would prosecute her in a heartbeat, including former U.S. Attorney General’s.
“… In looking back at our investigations
into mishandling or removal of classified information, we cannot find a case
that would support bringing criminal charges on these facts. All the cases
prosecuted involved some combination of: clearly intentional and willful
mishandling of classified information; or vast quantities of materials exposed
in such a way as to support an inference of intentional misconduct; or
indications of disloyalty to the United States; or efforts to obstruct justice.
We do not see those things here.
He doesn’t need a
case directly on point. He has the federal statute – the law – and under that
law Hillary Clinton should be prosecuted. Her conduct was unprecedented in the
history of the United States of America. That’s the flimsy reason Comey comes
up with to let her off the hook.
To be clear, this is not to suggest that
in similar circumstances, a person who engaged in this activity would face no
consequences. To the contrary, those individuals are often subject to security
or administrative sanctions. But that is not what we are deciding now.
As a result, although the Department of
Justice makes final decisions on matters like this, we are expressing to
Justice our view that no charges are appropriate in this case…”
Fixed!