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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."

47 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 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.
    3. 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.

    4. 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

    5. 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.

      --
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  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.

  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.

    --
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    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?

  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..

      --
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  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. 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.

  9. 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.

  10. 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.

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

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

  12. 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'
  13. 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.

      --
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  14. 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.

    --
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  15. 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

  16. 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!?
  17. 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".

  18. 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.

  19. 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.

  20. 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.

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  21. 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.

  22. 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.

    --
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  23. 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"!

  24. 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.

  25. 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.

  26. 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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  27. 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.

    --
    Sheesh, evil *and* a jerk. -- Jade
  28. 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.

  29. 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

  30. 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.

  31. 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.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    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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  32. 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.