Часовщик (chasovschik) wrote,

Еще почтовое

Специалист о клинтоновской юридической ситуации: все совершенно очевидно, нарушения закона налицо, предъявление криминального обвинения неизбежно, если только вопрос не будет решен политически.

More to the point, though, you fear that the most likely Democrat nominee, having just been seriously wounded by this week’s IG report, is manifestly vulnerable to a much greater wound in the form of a criminal indictment for misconduct that far transcends what the IG report dealt with. Specifically, as a sophisticated observer, you are aware that Former Secretary Clinton’s intent (known in criminal law as mens rea), or lack of same, is not what matters in this case. Rather, the applicable legal standard is a mere “gross negligence” one, as specified in the standard national security non-disclosure agreement that she signed and its underlying criminal statutes.

And when you marry that to the fact that (among other things) her admitted failure to use the State Department’s special classified email system for classified (or potentially classified) information constituted a clear violation of a criminal prohibition, you start worrying big-time. And this is especially so given that Ms. Clinton did not just violate such laws inadvertently or even only occasionally — she did so systemically. In other words, her very email scheme itself appears to have been a walking violation of criminal law, one with the mens rea prosecution standard readily met.

It also is especially so given that the ongoing investigation of Ms. Clinton’s misconduct is being conducted by the FBI, under the leadership of FBI Director James Comey. Those of us who worked under him when he was the deputy attorney general during the George W. Bush Administration know him to be an exceptional man of utmost integrity, one who can be counted on to recommend a criminal prosecution when the facts and the law of a case warrant it, regardless of political circumstances. Given that the facts and law are so clear in Ms. Clinton’s case, it is difficult to imagine her not being indicted, unless Jim Comey’s expected recommendation for that is abruptly overruled at “Main Justice” (i.e., by Criminal Division Assistant Attorney General Leslie Caldwell, by Deputy Attorney General Sally Yates, or by Attorney General Loretta Lynch) or at the White House by President Obama (who customarily does not intervene in such things and would do so here either secretly or at no small political peril).

Dan Metcalfe is a registered Democrat who has long said that he will vote for Hillary Clinton in November “if she escapes indictment and manages to become the Democratic presidential nominee.” He served as Director of the Justice Department’s Office of Information and Privacy for more than 25 years, during which time he handled information-disclosure policy issues on the dozens of Clinton Administration scandals that arose within public view, as well as two that did not. Since retiring in 2007, he has taught secrecy law at American University’s Washington College of Law.

Mirrored from Gears and Springs.

Tags: clinton

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