Hill's Group: Why Hillary Clinton is unlikely to be indicted over her private email server [View all]

[BlueMTexpat]

This is one of the best and most thorough discussions of "Emailgate" that I have seen.

Will it stop the relentless posting about this? Unlikely. Because CDS. But it does present the facts in a way that I have not seen them cogently summarized elsewhere.

https://www.washingtonpost.com/opinions/why-hillary-clinton-is-unlikely-to-be-indicted-over-her-private-email-server/2016/03/08/341c3786-e557-11e5-b0fd-073d5930a7b7_story.html

For those of you salivating — or trembling — at the thought of Hillary Clinton being clapped in handcuffs as she prepares to deliver her acceptance speech at the Democratic convention this summer: deep, cleansing breath. Based on the available facts and the relevant precedents, criminal prosecution of Clinton for mishandling classified information in her emails is extraordinarily unlikely.
...
“There are plenty of unattractive facts but not a lot of clear evidence of criminality, and we tend to forget the distinction,” American University law professor Stephen Vladeck, an expert on prosecutions involving classified information, told me. “This is really just a political firestorm, not a criminal case.”

Could a clever law student fit the fact pattern into a criminal violation? Sure. Would a responsible federal prosecutor pursue it? Hardly — absent new evidence, based on my conversations with experts in such prosecutions.
...
..., there is no clear evidence that Clinton knew (or even should have known) that the material in her emails was classified. Second, it is debatable whether her use of the private server constituted removal or retention of material. Finally, the aggravating circumstance of false statements to federal agents is, as far as we know, absent.

More at the link, including citations to the relevant statutes.