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DOJ Will Not File Charges Against Former Secretary of State Hillary Clinton (politico.com)

An anonymous reader writes: After FBI Director James Comey recommended not to indict Hillary Clinton for her email misconduct yesterday, U.S. Attorney General Loretta Lynch said on Wednesday that the Justice Department has decided not to pursue charges against Hillary Clinton or her aids and that the department will close the investigation into her use of a private email server during her tenure as secretary of state. "Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton's use of a personal email system during her time as Secretary of State," Lynch said in a statement on Wednesday. "I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation."

83 of 801 comments (clear)

  1. Yawn by Archangel+Michael · · Score: 5, Insightful

    Voting for Hillary because she's "not guilty" is like hiring Casey Anthony to babysit your kid.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    1. Re:Yawn by Austerity+Empowers · · Score: 4, Insightful

      This is merely to put the final nail in Bernie's coffin. We're left with two absolutely horrible people who shouldn't be pissed on should they catch fire. But we're not lucky enough for either one to catch fire.

      The election is over, we all lost.

    2. Re: Yawn by RicktheBrick · · Score: 2

      1 Hillary wins the presidency.
      2. Democrats win the house and senate.
      It still would not mean anything since anything that manages to get by in the house would be filibustered in the senate. The government would still be stalemated. No immigration reform, no tax reform, no supreme court nomination for at least another four more years. Its been a long time since one party has won the presidency for more than 8 years. Republicans did it in 1980-1992. Democrats did it in 1932-1952. So it would be very hard for Hillary to win more than one election. The election in 2018 would see the Republicans win back the house and 2020 would see a moderate Republican win the presidency. The only thing Hillary could do is to continue to use presidential powers to do some good with climate change and immigration reform.

    3. Re: Yawn by PopeRatzo · · Score: 3, Funny

      Well, we're going to have to leave it there. Clearly there are two sides to this issue: 1) balls in your mouth and 2) dicks in your ass.

      After the break, we'll be joined by Eric Trump to explain why his father totally wasn't being anti-semitic by using that jew star. Then, our full panel will revisit the controversy, "Balls in your mouth, or dicks in your ass?"

      Fox News. Fair and Balanced.

      --
      You are welcome on my lawn.
    4. Re:Yawn by westlake · · Score: 2, Informative

      This is merely to put the final nail in Bernie's coffin.

      Clinton won 60% of the primary vote in California. Sanders 43%. That was the final nail in Bernie's coffin.

    5. Re: Yawn by shanen · · Score: 2, Funny

      Can't even decide if I wish I had a mod point to give this one, and if so, what sort of mod point it should be. (But I NEVER get any mod points, at least not in some years.)

      On the one hand, I don't like unneeded profanity, but on the other hand the language isn't that strong. On the third hand, I agree with the sentiments, but on the fourth hand it scarcely seems like a constructive comment that will generate interesting discussion, and on the fifth hand it's probably feeding a troll whose comment is not visible to me and on the sixth hand FAUX "news" really is a cancer... On the seventh hand, it is pretty funny, but I guess I've run out of hands.

      I'm not an octopus, you know.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    6. Re: Yawn by Anonymous Coward · · Score: 5, Insightful

      What leaks do you need? If what Comey said wasn't enough nothing will satisfy you. He said she's a total fuckwit but her last name is Clinton so his hands are tied.

    7. Re: Yawn by Anonymous Coward · · Score: 3, Informative

      Have you ever had a security clearance? Since the bulk of Us peons are not clintons, we wind up minimally permanently unemployed or maximally in jail for doing similar things.

      For someone with a boat load of experience that supposedly makes them the only "worthwhile" candidate this certainly is an amateurish move

    8. Re: Yawn by Anonymous Coward · · Score: 2, Informative

      Comey didn't say that she leaked anything. He said that she didn't properly safeguard classified information.

      However, there was no intent to leak information, nor is there evidence that anything was leaked. Comey searched high and low for a precedent which would allow him to bring charges, and he concluded that if he indicted Clinton, he would probably have to indict a significant portion of the federal bureaucracy.

      Hard to bring criminal charges for utilizing a bad process. "Should have known better" isn't a criminal offense.

      Actually, you are wrong, it is a criminal offense. Anyone given classified information is briefed on the proper use and handling of said classified information. The law, under 18 USC 793 subsection (f) actually states that any form of information that through gross negligence is removed from it's proper place of custody is subject to criminal fines or up to 10 years in prison.

      https://www.law.cornell.edu/uscode/text/18/793

      Information that the Secretary of State has that she transmits to her subordinates on an unsecured email server does meet the requirement of "gross negligence".

      So in this case the FBI chose not to charge her for something we all know she did and is a clear violation of the law as written.

    9. Re: Yawn by acoustix · · Score: 4, Informative

      18 USC 793. This statute explicitly states that whoever, “entrusted with or having lawful possession or control of any documentthrough gross negligence permits the same to removed from its proper place of custodyor having knowledge that the same has been illegally removed from its proper place of custody.shall be fined under this title or imprisoned not more than ten years, or both.” Comey called her “extremely careless.” That was highly charitable. But even by that standard, Hillary was grossly negligent with classified material. Comey says Hillary had no intent to transmit information to foreign powers. But that’s not what the statute requires.

      18 USC 1924. This statute states that any employee of the United States who “knowingly removes [classified] documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.” Hillary set up a private server explicitly to do this.

      18 USC 798. This statute states that anyone who “uses in any manner prejudicial to the safety or interest of the United Statesany classified informationshall be fined under this title or imprisoned not more than ten years, or both.” Hillary transmitted classified information in a manner that harmed the United States; Comey says she may have been hacked.

      18 USC 2071. This statute says that anyone who has custody of classified material and “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years.” Clearly, Hillary meant to remove classified materials from government control.

      --
      "A plan fiendishly clever in its intricacies"- Homer Simpson
  2. No justice by Anonymous Coward · · Score: 5, Insightful

    Snowden blows the whistle on illegal government spying, is forced to flee the country. Clinton violates laws and exposes classified information and will be the next President. There is no justice in America.

    1. Re:No justice by shmlco · · Score: 2, Insightful

      ".... and exposes classified information ..."

      As the article indicates, there's no proof that classified information was exposed. It's "possible" that it was, but it's also "possible" that an airliner is about to land on your head.

      Further, there's "classified" information and then there's "classified" information. Many things are classified, (in fact, it's hard to find government information that's not), but we haven't been told if it's just classified, secret, top secret, or higher...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:No justice by Goldsmith · · Score: 2

      I don't think that's what the FBI statement is saying at all, and I think you're looking at something that's not the statement...

      It's very clear that the FBI found that classified information was exposed, but not "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." The FBI characterization of what was done is "extremely careless." This is interesting wording because that is not a legal term associated with disclosure of classified material; "grossly negligent" is the legal term associated with the threshold for felony mishandling of classified information.

      The FBI statement is also very clear on the security classification of what they found, which is why I think you're reading something else.

      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.

      That's pretty darn specific. If it was just the confidential stuff, I think your implication that the government classifies everything and this isn't a big deal would be very strong. Multiple accidental Top Secret information leaks is a bit different, though. In the last 15 years, we have sent many government workers to jail for leaking information like this, or even just having it stored at their house.

  3. Re:BREAKING: Romanian hacker Guccifer found dead! by msauve · · Score: 5, Informative
    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  4. Not surprising by _xeno_ · · Score: 5, Insightful

    We of course knew this was coming when the FBI didn't recommend indictment, given that Lynch said she'd go along with whatever the FBI decided.

    But I expect the real reason is simple: they don't feel they're guaranteed a conviction. If you listen to Comey's reasoning, he was quite clear that there was no precedent for such a case - meaning that they don't want to set a precedent until they have iron tight evidence where they can be sure they know how the case will go.

    Likewise, "no reasonable prosecutor" would want to be the prosecutor who indicted potentially the first woman president and then lost the case. If the case wasn't a 100%, sure-fire victory, no one would be willing to prosecute it. Which is kind of reasonable: who wants to torpedo their career by killing Hillary's presidential chances only to lose at trial?

    But it does lay clear that there are two classes in the US: the ruling class, who won't be charged for clear violations because they might be able to get off, and the rest of us. Who will be charged for anything and everything they can think of.

    --
    You are in a maze of twisty little relative jumps, all alike.
    1. Re:Not surprising by slew · · Score: 4, Informative

      But it does lay clear that there are two classes in the US: the ruling class, who won't be charged for clear violations because they might be able to get off, and the rest of us. Who will be charged for anything and everything they can think of.

      Surprisingly, Mr Comey, actually admitted this in his statement...

      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.

      Why can't people like Mr Comey run for public office?

    2. Re:Not surprising by ooloorie · · Score: 2

      Once again a Clinton is exonerated but you're emotional invested in the narrative.

      Clinton avoided a criminal indictment, nothing more. From a future president, we demand integrity, honesty, and competence, and she lacks all of those.

    3. Re:Not surprising by dbIII · · Score: 2

      From a future president, we demand integrity, honesty, and competence

      Carter had all that and nobody running since from either party has made the same mistake after what happened to him due to his integrity and honesty.
      It appears we instead demand someone who can put on a show.

  5. Will that include Guccifer? by zedaroca · · Score: 5, Insightful

    "I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation."

    We know about her crime because Guccifer was involved in exposing it. Will they retract the charges against him? Or the only chargeable crime in America is to expose what the law says is a crime?

  6. Sanders has an option by Bruce66423 · · Score: 5, Interesting

    He asks the convention to vote that it is unwilling to select a person who has been shown to be 'careless about protecting government secrets' etc etc. The delegates would be free to pass such a motion, despite being bound to vote for Hilary when the actual roll call occurs. If a large number of her delegates support the critical motion, her legitimacy is gone.

    Here's hoping.

    1. Re:Sanders has an option by Fire_Wraith · · Score: 5, Funny

      As someone mentioned to me, this current election is between a grandma that can't figure out her email, and a grandpa that believes everything he reads on Facebook.

    2. Re: Sanders has an option by KenHansen · · Score: 4, Informative
      How flipping stupid: Colin Powell did the same thing.

      Citation? Last I saw An exhaustive review of all senior members of his department turned up a couple dozen work-related emails that various members of his team sent to/from private email account... Hillary withheld 100% of every work-related email from her time in office outside the reach of FOIA requests for her entire term PLUS two years, turning them over only after her lawyers reviewed each and every one of them. That is not 'the same thing' - not even close.

    3. Re: Sanders has an option by m6ack · · Score: 5, Insightful

      Colin Powell did NOT do the same thing. He did NOT use personal email to send ANY confidential, or even sensitive information over private email. He NEVER culled his email in an effort to hide anything. There was NEVER any question about his correspondence with anyone - and there was NEVER anything Colin Powel ever had to hide. That's why Colin Powel's integrity was NEVER in question. But on the other hand.... Mrs. Clinton is by the admission of the FBI guilty of gross negligence... With many emails on a private account classified or _greater_ basically made available in the public domain due to her wanting to have her relationship with Huma Abadeen or other side deals secret? I held a clearance. I hold that trust that the us government placed in me as an honor. Clearly, this woman feels that such a confidence is not an honor, but an inconvenience.

    4. Re: Sanders has an option by dwillden · · Score: 4, Informative

      Putting classified information on an unclassified network is a real crime. Doing it 110 times is 110 crimes, each of which is a felony worth up to 10 years in prison.

      Putting information in an email that someone decides well after the fact should be classified (what Powell did twice, and Rice did about a dozen times) is not a crime..

      --
      I'm too lazy to compose a creative sig.
    5. Re:Sanders has an option by mrchaotica · · Score: 2

      He asks the convention to vote that it is unwilling to select a person who has been shown to be 'careless about protecting government secrets' etc etc.

      If the Hillary delegates gave the slightest shit about carelessness, protecting government secrets, or indeed the rule of law in general, they wouldn't be Hillary delegates to begin with!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re: Sanders has an option by njnnja · · Score: 2

      And the FBI was able to recover 3 of Clinton's email chains that contained information that was classified (they were already classified at the time that they were sent so there is no "that was classified after the fact" defense) from her "wiped" server. No one has produced any evidence that Powell deliberately deleted evidence during an FBI investigation. It's never the crime, it's the coverup.

    7. Re: Sanders has an option by Anonymous+Cow+Ward · · Score: 2

      He cc'd the official SoS account on every email from his private account. He may have violated the FRA, but he didn't mishandle classified information. It's not the same thing.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  7. Who done it? by rfengr · · Score: 4, Interesting

    So who copied classified into, verbatim, from JWICS to their computer or phone? Seems the FBI or DOJ don't give a shit.

  8. Re:BREAKING: Romanian hacker Guccifer found dead! by BarbaraHudson · · Score: 2

    This isn't facebook where you can post any soft of shit and people will believe it without question. People on slashdot will check sources; there are even some heretics who RTFA.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  9. I wonder if they'll cancel Petraeus's sentence now by melted · · Score: 3, Interesting

    I wonder if they'll cancel Petraeus's sentence now. He was forced to end his career for much less. 2 years probation, $100K fine, security clearance revoked. Apparently it's no big deal, not even worth investigating.

  10. Hillary concerned about legitimacy ? by Crashmarik · · Score: 4, Funny

    Lack of legitimacy hasn't hampered her at all.

    The same goes for
    lack of morality
    lack of patriotism
    lack of decency
    lack of conscience

    Really at this point we need 7 dwarfs and a prince to rid us of her.

    1. Re:Hillary concerned about legitimacy ? by rmdingler · · Score: 2

      If you'd told that joke in the morning, I'd have just now only wasted a mouthful of coffee.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:Hillary concerned about legitimacy ? by GLMDesigns · · Score: 2, Insightful

      Then don't vote for evil. Vote 3rd Party.

      Yes. We will have to suffer either Trump or Hillary but let's get the ball rolling on killing the two party system. Vote 3rd Party. The only advantage of a President Trump is that Congress (both Republican and Democrat) would not be on his side and the press will act like watch dogs instead of lapdogs (as they would with Hillary).

      I'm #NeverTrump and #NeverHillary - Vote 3rd Party in 2016

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
  11. Trump's monkey business plan by shanen · · Score: 2, Funny

    Nice sock puppet... Put down the mod point. (Insightful? THAT is a FUNNY mod.)

    Time to reveal the Donald's secret scam:

    Step 1: Get the so-called GOP nomination. Easy to fool some of the people all of the time.

    Step 2: Pick a VP who loves Ford's pardon of Nixon.

    Step 3: Win the election. As Con Man Donald says, "You can fool most of the people on some of the election days."

    Step 4: Be himself. AKA Phuck up massively. Start a war, bankrupt the country, whatever.

    Step 5: Get impeached, resign, get pardoned. (Step 2 was important.)

    Step 6: PROFIT

    And you thought Trump was stupid, didn't you? By the way, don't blame me. I'm sure I saw it on Twitter. That's where I get all my important news.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  12. Protest in the streets by Anonymous Coward · · Score: 3, Insightful

    There needs to be protests in the streets about Hillary Clinton not being charged for violating federal law.

    This is where it starts, the selective application of the law to those in power vs those that are ruled. Make a stand now before all is lost.

  13. You realize by johnsmithperson123 · · Score: 4, Insightful

    That "extremely careless" is more or less the definition of gross negligence.

    1. Re:You realize by lambsonic · · Score: 2

      Oh, I get it. Going out of your way to hire someone to install an email server who has no security credentials, and sending diplomatic communication, and communications that approve of assassinations... that is just *simple* negligence. At the same time, I am learning that you can commit any crime as long as someone in power would be implicated in that crime. Thank you for the clarification.

      --
      # make clean sig
  14. Re:Not surprising.... Whooah There Cowboy! by mpapet · · Score: 2, Informative

    there are two classes in the US: the ruling class, who won't be charged for clear violations because they might be able to get off, and the rest of us.

    While I agree with you in principal, the rush to judgment about this issue leaves behind a simple fact. There are lots of crimes with no punishments. This is one of them.

    The one thing that annoys me the most is how they will hang this on the evil Clinton/Democrats. A sufficiently senior Republican get the same benefits. But, that's not going to be the conversation. We're stuck pointing fingers and name calling.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  15. Re:I would daresay... by HornWumpus · · Score: 4, Interesting

    Nixon was far more honest than Clinton.

    Carter is far smarter than Trump.

    Clinton married well. Everything else she has done fell from that.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  16. Sign the petittion... by Anonymous Coward · · Score: 3, Informative

    If you think Clinton should be charged, then at least sign the petittion:
    https://petitions.whitehouse.gov/petition/charge-hillary-rodham-clinton-pursuant-18-usc-641-793-794-798-952-and-1924
    It will likely only result in a mealy-mouthed platitude, but at least it is one way to communicate our disapproval.

    1. Re:Sign the petittion... by PopeRatzo · · Score: 4, Insightful

      If you think Clinton should be charged, then at least sign the petittion:

      Criminal prosecution by popular vote. There's absolutely nothing fascist about that.

      --
      You are welcome on my lawn.
    2. Re: Sign the petittion... by PopeRatzo · · Score: 2

      Except the purpose of the petition is to provoke an official response from the White House, not prosecute anyone...

      There's already been an official response from the White House (Justice Department). Somebody you don't like didn't get prosecuted, so the petition (if you read it) is to demand prosecution.

      --
      You are welcome on my lawn.
  17. Re:Not surprising.... Whooah There Cowboy! by Sarten-X · · Score: 4, Interesting

    There are lots of crimes with no punishments. This is one of them.

    This needs to be noted VERY well in this discussion.

    Typically, just mishandling classified information (without intentionally handing it off to others) is handled with an administrative slap on the wrist, and maybe losing clearance. There are rarely any criminal proceedings, because the higher-ups never want a subordinate to fear revealing a data spill. Instead, self-policing and self-reporting are praised, and mistakes are often just cleaned up and forgotten.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  18. Wrong by Anonymous Coward · · Score: 3, Informative

    He said Clinton and her staff sent 110 emails in 52 chains containing information that was classified at the time. Eight of those emails carried top secret information, eight contained classified information and 36 had secret info.

    http://www.nydailynews.com/news/politics/no-charges-clinton-emails-fbi-director-article-1.2699441

    1. Re:Wrong by ThatsMyNick · · Score: 2

      You do know SoS can reclassify (anything classified by the state dept) at will right? It is like president sitting in front of television and reading every single classified piece of information that he comes across. There is nothing you can do, until the next election (or impeachment atleast). It is not illegal. The FBI cannot prosecute.

  19. Such faith in the delegates by Lead+Butthead · · Score: 5, Insightful

    You assumed the delegates have moral fiber.
    People of good character can't this far in the political process.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  20. FBI director announced she IS guilty, won't prosec by raymorris · · Score: 4, Insightful

    The director stated in his news conference that Clinton was "extremely careless" with classified information on at least 110 occasions. It's federal crime to be "grossly negligent" in handling classified information. Essentially, he announced "she's guilty on 110 counts, but we won't prosecute".

  21. Top secret and special access by raymorris · · Score: 4, Informative

    > but we haven't been told if it's just classified, secret, top secret, or higher...

    The FBI director announced that several emails contained documents which were already marked "top secret". Other emails included information classified "special access", which is higher than top secret.

    1. Re:Top secret and special access by dwillden · · Score: 2

      Actually Special access is a subset for specific projects, and there are Special Access Programs for all three levels of classification though TS are most common.

      --
      I'm too lazy to compose a creative sig.
  22. Re:I would daresay... by sumdumass · · Score: 4, Informative

    Hillary is one of the smartest people in the room / world.

    Look at all the scandals she has been involved with and escaped rather easily because of how she structured it. Her entire public life has been a double dutch Irish sandwich or whatever it was called (Apple's tax avoidance schemes ) that has legally violated the law for her own gain.

  23. But they did file charges against Saucier by steveha · · Score: 4, Interesting

    FBI Director Comey said that there was no evidence of any guilty intent, so "no reasonable prosecutor" would file charges. So why were charges filed against Kristian Saucier, who unwisely took photos of a classified area on a nuclear submarine? No intent was proven or needed to file charges against him; he had photos of classified stuff on his phone, charges filed.

    http://hotair.com/archives/2016/07/06/saucier-attorney-on-hillary-non-indictment-clearly-a-double-standard/

    I am disturbed that there is clearly one standard for ordinary people, and another standard for Hillary Clinton. I sincerely hope that Mr. Saucier appeals his verdict on the grounds that the FBI Director said "no reasonable prosecutor" should have filed the charges, and he clearly didn't get equal protection under the law as Hillary Clinton got.

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
  24. Re:Limits of slander? None by aardvarkjoe · · Score: 2, Insightful

    Maybe you should consider that to people outside your little bubble, your particular brand of insulting comments about those who disagree with you may not be particularly insightful.

    Calling everyone who moderates you down a "sock puppet" account is neither a rational nor intelligent comment.

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  25. Who cares by axewolf · · Score: 2

    Stop getting so worked up over each individual case of injustice and start getting worked up to change the root cause of it all.

  26. i'm torn by Anonymous Coward · · Score: 2

    On the one hand, what Hillary Clinton did was wrong and she should face some punishment for it.

    On the other hand, watching the die-hart Republicans, Trump supporters and other people who hate Hillary flip their shit over the lack of charges is the best entertainment I've had all year.

  27. Re:I wonder if they'll cancel Petraeus's sentence by ooloorie · · Score: 4, Informative

    Clinton did not lie.

    Clinton lied about not having classified information on her server. She lied about only deleting personal E-mails, and she destroyed evidence.

  28. James Comey laid it on thick. by arthurh3535 · · Score: 4, Informative

    He was very, very careful in his phrasing (and then large on hyperbole) with what he stated. He claimed two emails carried 'confidential markings' (which was only sorta true) and then switched gears on confidential emails (which is, in fact different). There are maybe 30-40 emails that were sent that had confidential or higher (most were just confidential). So about .006% error rate on humans using email and sent something through email they shouldn't have.

    One of the confidential emails... was to a lawyer and "confidential" in the sense that lawyer-client privileges applied. There were a couple of (C) markings in a few emails, but the top actually didn't have the markings for Confidential/Secret or whatnot. An incredibly huge percentage of emails were marked confidential expo-facto (and by other agencies that tend to try and classify _everything_, including public knowledge of the weather at times).

    James Comey just did a public hatchet job of "selling" that Hillary should have been indicted, then basically admitted he didn't have a case that any competent prosecutor would attempt to take before a judge. Congrats, partisan hack, you pulled the wool over most of the viewers and readers.

    --
    No! It's a *SIG*. Keep the Special Interest Groups away! (Con joke!)
  29. There actually is precedent - no intent here by Anonymous Coward · · Score: 2, Insightful

    "The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel." https://www.fbi.gov/sacramento/press-releases/2015/folsom-naval-reservist-is-sentenced-after-pleading-guilty-to-unauthorized-removal-and-retention-of-classified-materials

  30. Wow by wwalker · · Score: 4, Insightful

    "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 said.

    If this was said by their local version of FBI anywhere in Russia, China, Brasil, etc., everyone would be crying foul how that country is corrupt and how FSB, PSB, "FBI", etc. is clearly intimidating prosecutors not to bring any cases against an oligarch, even though there is evidence they violated the law (gross negligence). And how "important figures" in those countries are above the law. I'm so glad USA is not one of "those countries"!

  31. omg by Smiddi · · Score: 4, Insightful

    Hillary vs Trump. The rest of the world is shaking its head at the stupidity of the Americans for letting things get to this point.

    1. Re:omg by fnj · · Score: 4, Insightful

      Hillary vs Trump. The rest of the world is shaking its head at the stupidity of the Americans for letting things get to this point.

      The rest of the world can get stuffed. All are in the same boat. The UK goes from Major to Cameron; both are assholes. Germany puts up with that witch. Hollande is the best that France can come up with? Venezuela let Chavez ruin their economy, only to have his successor make it exponentially worse. China is ruled with an iron fist by one bunch of ancient fossils after another.

      The only bright spot might be Switzerland. ALL other governments are dens of incompetency, corruption, and evil oligarchy.

  32. Re:FBI director announced she IS guilty, won't pro by hsthompson69 · · Score: 5, Informative

    18 U.S. Code 793 (f)

    https://www.law.cornell.edu/us...

    (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.

    She flatly violated a statute that only requires gross negligence (aka, "extreme carelessness"), but Comey dodged and said he wouldn't recommend prosecution because he could not prove intent - even though intent is not required by the statute.

    Now, you can argue 18 U.S. Code 793 (a), which requires intent, could not be prosecuted, but 18 U.S. Code 793 (f) clearly was violated.

    Hillary is a criminal who the FBI declined to recommend prosecution for.

  33. Mod parent up by rsilvergun · · Score: 4, Insightful

    this is how prosecution works. You don't bring forth a case you know you're gonna lose. I'm not huge fan of Hilary. I've got buddies that live and breath because the Affordable Care Act expanded Medicaid enough for them to get their Meds. She's pretty much guaranteed to leave it alone so she gets my vote. But whatever side your on it'd be silly to try and prosecute her.

    All that said to be completely fair think about _why_ a prosecutor isn't confident with getting a conviction: because a jury wouldn't convict her. This is a criminal matter, so that's how these things work. This isn't the ruling class per-se. This is how our jury system works. It sometimes ignores law in favor of feelings. If you want to see an example of America's two tiered justice system ask any dirt poor man in jail for pot possession why he didn't get diverted to drug treatment like a pop star or even an attorney's son.

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  34. Re:Me SO shocked by eaglesrule · · Score: 2

    This is a lesson in controlled opposition and whitewashing; by having the FBI refuse to recommend an indictment brushes aside the damning evidence that has already surfaced into public knowledge and allows propaganda groups like Correct The Record and DNC pundits to chalk up the whole exercise as merely just another attack by the Vast Right Wing Conspiracy.

    We can't be surprised, because even nine supreme court justices at one time were involved in obstructing justice and suppressing evidence in order to benefit the Clintons, such as the original polaroids taken at Vince Foster's crime scene. The entire mass of DNC elites wants nothing more than to continue on with their coronation.

    We know the mafia has 'made men', and just like the mafia our government has their chosen ones. This is why HRC was able to perjure herself, was allowed to attempt destruction of evidence, and obstruct Judicial Watch's lawful FOIA requests at every turn. This is why all of Brian Pagliano's emails were 'lost' by the State Department and he was able to plead the 5th over a hundred times. This is why Bill Clinton was able to meet directly with the attorney general in private the week before this announcement came out. We'll never know the nature of the leaked TS and SAP level confidential information and what consequences that info may have had, such as revealing the security status of certain embassies.

    I'll save my seditious speech for when I'm AC.

  35. Re:I wonder if they'll cancel Petraeus's sentence by Black+Parrot · · Score: 3, Informative

    Petraeus gave his g/f 8 binders of classified information and told here they were classified. Hard to argue lack of intent after that.

    --
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  36. Words of wisdom from Hillary by knorthern+knight · · Score: 2

    "There should be no bank too big to fail and no individual too big to jail." --Hillary #DemDebate

    https://twitter.com/HillaryCli...

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  37. Two Minds by redelm · · Score: 2

    I'm of two minds: on the one hand, HRC clearly violated Federal Law. Nevermind that the law is stupid (overspecific) and capriciously enforced (how tough is it to write a flagging filter for classification strings [NOFORINT] and non.gov addr?)

    On the other, HRC could easily have been disgusted by the electronic tools imposed upon her, and worked around. If State's email servers are anything like the corp.servers I've seen, who could blame her for wanting more reliable and secure? Or do whe have a .gov netadmin who can say their servers are faultless? The geek in me says "BRAVO"!

    Otherwise, the notion of secure email without e2e tools like PGP is a delusion. Sure, officials have to turn over offical papers, but afterwards -- they never had to cc'in some central office.

  38. Too much talk radio? by Anonymous Coward · · Score: 2, Insightful

    An unsecure e-mail server makes Hillary worse than Nixon? Do you guys actually believe this shit, or are you just mindlessly repeating what you see in Youtube comments?

    Hillary isn't a great candidate, but this issue isn't on the radar for me. The FBI itself has gotten hacked, so had the CIA. The US military has gotten hacked. The FBI buys zero day warez to hack one of the largest US companies. The IRS recently stopped using 5 digit pins because they were getting hacked. I'm sure every large US company and government organization has fallen victim. It's like extreme Republicans arbitrarily took something that happens all the time and started yelling that it's a felony offense that disqualifies Hillary from being President.

    In normal life, this wouldn't disqualify her from being head of the IT department.

  39. Re:FBI director announced she IS guilty, won't pro by Dcnjoe60 · · Score: 4, Insightful

    Prisons are full of people who didn't "intend" to violate the law.

  40. Re:I would daresay... by Anonymous Coward · · Score: 5, Insightful

    If you find yourself declaring that the lack of evidence of wrongdoing is, in fact, evidence of wrongdoing, it's time to take a break and realize that you've become trapped in a self-referential delusion loop.

    its_time_to_stop_posting.jpg

  41. Too bad we can't kill all the lawyers? by shanen · · Score: 3, Insightful

    You do know what a lawyer is, don't you? Hillary is a good lawyer and several other oxymorons. Okay, so "skilled lawyer" is probably a "better" way to say it.

    Actually, she, like everyone else, has a bunch of personal identities. One of the things I like least about Hillary is that "lawyer" or "corporate lawyer" might be her top personal identity. Obviously it isn't "politician", though "politician" is probably in her top ten (and I definitely think it's Bill's #1). I doubt that "philosopher" is on her top 10 list, but "feminist" is probably in there somewhere (and I don't regard it as a terrible thing, though it isn't so high in my own priorities). She's an unusually complicated person, and it's hard to figure her out. For example, I think that "grandmother" might be a higher ranked personal identity for her than "mother" (whereas I think that "father" is definitely one of President Obama's top 10).

    Just for reference I do think that "philosopher" is in Bernie's top 10, but I can't figure out if it's above or below "politician". Maybe "wise man" is his #1, but there's zero chance America would elect one of those to the presidency, even in the backlash from a fiasco like Dubya or the even worse mess that Trump might leave behind.

    The Donald? His #1 has to be "con man" or "salesman". Or maybe he switches back and forth depending on the weather. Actually, I think it possible that "authoritarian" might be his secret #1.

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    1. Re:Too bad we can't kill all the lawyers? by dbIII · · Score: 4, Insightful

      After Carter was driven from office for being honest we haven't seen a single person seriously running for the post who is going to make that mistake.
      You wanted people who are all show and no snow? You got them. AWOL Bush pushing his military service in Texas versus a war hero getting swift boated.

    2. Re: Too bad we can't kill all the lawyers? by KenHansen · · Score: 2

      AWOL Bush pushing his military service in Texas versus a war hero getting swift boated.

      'AWOL Bush'? Are you referring to the infamous Dan Rather documents that proved Bush was AWOL? John Kerry took a movie camera to Vietnam to capture his 'adventures' for future campaign use and lied during his campaign about illegal incursions into Cambodia that never happened.

    3. Re: Too bad we can't kill all the lawyers? by dbIII · · Score: 2

      Of course your focus was on the most trivial bit. We had Bush's "military credentials" pushed down our throats despite just about everyone having a relative that actually served the country under fire.

    4. Re:Too bad we can't kill all the lawyers? by StatureOfLiberty · · Score: 2

      Carter was not driven from office for being honest. He was driven from office because he wasn't doing a very good job. I admire Jimmy Carter. I think he is a fine person. But, he was a horrible president. Even my 'yellow dog democrat' mother in law (would vote for a yellow dog rather than any republican) voted for Ronald Reagan. That was one situation where we really did need someone else in the white house.

  42. Earned reputation versus propaganda? by shanen · · Score: 3, Insightful

    Let me first say that I do regard Sanders as the best candidate of the entire crowd, even including the entire clown car that started on the so-called Republican side. I even donated my poll tax to him, but in retrospect I am saddened to conclude that no matter how broken the system is, it is still incapable of electing a candidate who has any prominent philosophic streak. (No, Reagan had senility, NOT a philosophy.)

    However, as regards Hillary's popularity, how much of it do you think that she actually earned? Seems quite obvious to me that she has been aggressively targeted for decades for primarily partisan political reasons, and even that much of the hateful rhetoric is displaced from other targets. Mostly stuff that would have been targeted at her husband if Bill hadn't whupped all their arses in the unfair fight. (However, I still haven't made up my mind if he was a good or bad president. Actually much easier to see the obviously bad ones such as Dubya.)

    All of this is intuitively obvious to the most casual observer. The problem is that there is only one "most casual observer", and it usually isn't me.

    --
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    1. Re:Earned reputation versus propaganda? by Shakrai · · Score: 5, Interesting

      how much of it do you think that she actually earned?

      Plenty. Look at her behavior throughout this process. "Wiped? What, like with a cloth or something?"

      Now, to be clear, I certainly hear what you're saying. The Clinton's have been aggressively targeted for decades but how much of that is their own fault? They regard themselves as above the law and act accordingly. Bill lied under oath for heaven's sake. Is that a line you would cross? I sure as hell wouldn't. They're basically Francis and Claire Underwood without the murders. That breeds a certain level of resentment among those that oppose them politically, so is it really a surprise that they've been aggressively targeted?

      One point to consider: Barack Obama has faced a Congress at least as obstinate as the one that reigned in the 1990s and nobody has tried to impeach him, much less succeeded at it. There have been a few investigations into his administration but none that have touched on him (or Michele) personally. For all of his faults -- and he has many -- I don't think he has anything approaching Bill and Hillary's level of hubris.

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    2. Re:Earned reputation versus propaganda? by TangoMargarine · · Score: 3, Insightful

      It would probably also help if you actually pointed out what was wrong with their worldview instead of just calling them dumb.

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    3. Re:Earned reputation versus propaganda? by XxtraLarGe · · Score: 2

      He lied under oath about having an affair. Something that by all rights should not have been asked of him in the first place (outside of a divorce proceeding)

      Revisionist historians like to ignore the reason that Clinton was being asked about his affair with Lewinsky was because he was being sued for sexual harassment, and the questioning was appropriate to establishing a pattern of predatory sexual behavior on his part.

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  43. Remember Aaron Swartz by jfern · · Score: 2

    The Department of Injustice wanted 50 years for Aaron Swartz. All he did was download some articles. Nothing classified or secret.

  44. And yet... by aepervius · · Score: 2

    If I was asked to vote between a crook and a dangerous demagogue, I vote the crook.

    --
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  45. Repeating lies doesn't make them true by shanen · · Score: 2

    You are lying again, but I know you're just a Hillary hater or misogynist, so that's the probably the sincere best that you can come up with. Pitiful.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  46. Re:She had little choice by sabbede · · Score: 3, Informative
    That's wrong. Makes it sound like she only set up her own server to get mobile email, but it was already in place before she became SecState. It also doesn't line up with the published messages about her email being quarantined (posted somewhere on /.), where getting a new secure phone was discussed as a way to deal with the problem. It's what she went with, but one of the other options was officially telling the IT department what her personal address was. Because she didn't, they had to take down the filters on the official servers. Which then got hacked.

    Those quotes don't fit the timeline.

  47. Re:Tricky Dick by walterbyrd · · Score: 2

    Only difference is: Tricky Dick has been vilified by the pop-media for decades. Liberal media is still swooning over Hillary.