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2016 Postmortem
In reply to the discussion: Questions I'd like answered from Hillary Supporters.... [View all]Gothmog
(175,693 posts)5. FBI investigation
5. Lastly, Hillary is currently under FBI investigation. It is real. There is a big perception issue regarding this investigation as if it's not happening. Are Hillary supporters worried that she may be indicted before or after November and do they consider the ramifications for choosing a presidential candidate who is under criminal investigation?
As a lawyer I have been following this issue for a while. There is very little chance of an indictment because there has been no proof that Clinton either violated the law or had the required mens rea or culpable mental state to violate the law. Intent is a key element here (do not pay attention to the threads posted by layperson on this issue). http://www.latimes.com/nation/la-na-clinton-emails-legal-20150908-story.html
Hillary Rodham Clinton's use of a private email server while secretary of State may have been risky and politically unwise, but many experts in national security law predict it will not lead to criminal charges, based on what is known so far of her handling of classified government material.
That's because even a misdemeanor charge for mishandling classified information would require proof that Clinton knew she was keeping government secrets at "an unauthorized location."
Clinton has repeatedly said that she did not knowingly send or receive emails that were marked classified, and that her use of a personal email server while not "the best choice" was not illegal or unauthorized.
But these lawyers also caution that much remains unknown about Clinton's unusual email system and they say the Democratic front-runner remains vulnerable, both politically and legally, because of the ongoing FBI inquiry and a newly energized Republican-led House committee investigating the 2012 Benghazi attack that killed the U.S. ambassador to Libya and three others.
That investigation appeared to be going nowhere, but it gained new focus in late February when GOP staffers learned for the first time why they had received only a handful of State Department emails to or from the secretary of State. They had not been told until then that Clinton had not used the State Department's email server and instead relied exclusively on a personal system....
Stewart Baker, who served as top national security lawyer under Presidents Clinton and George W. Bush, said it does not appear based on what is known now that Hillary Clinton committed a crime when she used a private email server.
"It was a bad idea, a serious lapse in judgment, but that's not the same as saying it leads to criminal liability," he said. On the other hand, the continuing inquiries could turn up damaging evidence, he said, including the possibility that foreign governments tapped into her emails.
"This investigation has a way to go, and it will keep drip, drip, dripping away for a long time," he said.
That's because even a misdemeanor charge for mishandling classified information would require proof that Clinton knew she was keeping government secrets at "an unauthorized location."
Clinton has repeatedly said that she did not knowingly send or receive emails that were marked classified, and that her use of a personal email server while not "the best choice" was not illegal or unauthorized.
But these lawyers also caution that much remains unknown about Clinton's unusual email system and they say the Democratic front-runner remains vulnerable, both politically and legally, because of the ongoing FBI inquiry and a newly energized Republican-led House committee investigating the 2012 Benghazi attack that killed the U.S. ambassador to Libya and three others.
That investigation appeared to be going nowhere, but it gained new focus in late February when GOP staffers learned for the first time why they had received only a handful of State Department emails to or from the secretary of State. They had not been told until then that Clinton had not used the State Department's email server and instead relied exclusively on a personal system....
Stewart Baker, who served as top national security lawyer under Presidents Clinton and George W. Bush, said it does not appear based on what is known now that Hillary Clinton committed a crime when she used a private email server.
"It was a bad idea, a serious lapse in judgment, but that's not the same as saying it leads to criminal liability," he said. On the other hand, the continuing inquiries could turn up damaging evidence, he said, including the possibility that foreign governments tapped into her emails.
"This investigation has a way to go, and it will keep drip, drip, dripping away for a long time," he said.
The knowingly standard is not an easy standard to meet in this case.
Again the law is clear here despite some rather sad but really funny threads posted by some laypersons on this board.
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I genuinely wish you luck getting substantive responses. It would be a pleasure to have real
JudyM
May 2016
#3
Exactly. The fact that Obama's DoJ may not indict is not a demonstration that no crime has occurred.
Attorney in Texas
May 2016
#25
This spells doom in the 40 or so civil suits for Hillary's deliberate violation of the FOIA, but the
Attorney in Texas
May 2016
#24
I am running to be a national delegate and I have been working with the Clinton campaign on issues
Gothmog
May 2016
#21
Texas gets 9 members to each of the Rules, Platform and Credentials permanent committees
Gothmog
May 2016
#20
Any statement about "mens rea" is ill informed. You don't have access to the FBI's investigation so
Attorney in Texas
May 2016
#23
You say that you abhor the non-legal analysis of the issue. You should know there's no "exoneration"
Attorney in Texas
May 2016
#32
Thank you for your thoughtful discussion. I however have to disagree (a little bit).
ThinkCritically
May 2016
#36
On question 1, Sanders is talking about appointing judges to SC who would rule to overturn, the case
Thinkingabout
May 2016
#30