2016 Postmortem
In reply to the discussion: Mukasey on FOX today regarding FBI--Clinton. [View all]Jarqui
(10,123 posts)I don't think so.
Hillary signed a non disclosure agreement. In that agreement,
https://foia.state.gov/searchapp/DOCUMENTS/HRC_NDAS/1/DOC_0C05833708/C05833708.pdf
it made specific mention of various criminal clauses of the US Code that she was subject but not limited to - which proves she was aware of the applicable criminal laws, etc.
They also refer to EXECUTIVE ORDER 12958 -- April 17, 1995 signed by her husband, Bill. In there, it is using words like "any knowing, willful, or negligent action" so negligence in taking care of classified information is a violation that leads to "applicable laws" (cited in the non disclosure agreement).
Hillary's husband, Bill knows all about what happens to folks who store classified information at their house without authorization. It is a crime:
When Bill Clinton Pardoned His Former CIA Director over Classified Documents on His Home Computer
For Hillary to be innocent of that crime, she would have to convince the court that she knew as Secretary of State that she or those who used her server would never send or receive anything that was classified or could be classified after the fact and stored on her server between 2009 until recently when she turned her server over to the FBI. Given that many emails from foreign countries are "born classified", that's an absurd argument to attempt to make. So Hillary very arguably negligently exposed the security of classified information and illegally stored it at her home. Those are criminal acts.
Certainly, the illegal, unauthorized storage of classified material in her home is pretty much a slam dunk case. I can't imagine how she can refute it - just like Bill's own Director of the CIA couldn't refute it. It's a crime and he was convicted for it.
If you've followed this, part of the allegation is that they cut pieces of classified information and inserted that classified information into their emails. That's also against the law. They have depositions from Intelligence Community agents that information was classified at the time it was transmitted. That's against the criminal law - even if it is not marked classified.
And then we have the Clinton Foundation being subpoenaed for information about donors who contributed large amounts (ie $5+ million by Saudi Arabia and Boeing) who also got help from Hillary and the State Department. That has been widely reported by the media, smells real bad and nobody has very good answers yet.
The video is also right: the justice department doesn't cut an immunity deal with someone, if after months of looking at a situation, they don't think there are bigger fish to fry.
Further, the FBI (over a hundred agents), Intelligence Community agents and two inspector generals do not spend 9 months gawking at something if there is nothing to see.
Someone is going to get charged with something after all this time.
Hate to agree with a FOX Noise video but I think there's more right than wrong with what he says.