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FBI Rewrites Federal Law to Let Hillary Off the Hook

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services. Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States. In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence. Continue reading

Why is Hillary Above the Law?

Paul Joseph Watson explores why Hillary is above the law, when numerous other people were charged for the very same thing – mishandling classified information.

AP FACT CHECK: Clinton email claims collapse under FBI probe

Key assertions by Hillary Clinton in defense of her email practices have collapsed under FBI scrutiny. The agency’s yearlong investigation found that she did not, as she claimed, turn over all her work-related messages for release. It found that her private email server did carry classified emails, also contrary to her past statements. And it made clear that Clinton used many devices to send and receive email despite her statements that she set up her email system so that she only needed to carry one. FBI Director James Comey’s announcement Tuesday that he will not refer criminal charges to the Justice Department against Clinton spared her from prosecution and a devastating political predicament. But it left much of her account in tatters and may have aggravated questions of trust swirling around her Democratic presidential candidacy. A look at Clinton’s claims since questions about her email practices as secretary of state surfaced and how they compare with facts established in the FBI probe: CLINTON: “I did not email any classified material to anyone on my email. There is no classified material.” News conference, March 2015. THE FACTS: Actually, the FBI identified at least 113 emails that passed through Clinton’s server and contained materials that were classified at the time they were sent, including some that were Top Secret and referred to a highly classified special access program, Comey said. Most of those emails — 110 of them — were included among 30,000 emails that Clinton returned to the State Department around the time her use of a private email server was discovered. The three others were recovered from a forensic analysis of Clinton’s server. “Any reasonable person in Secretary Clinton’s position or in the position of those with whom she was corresponding about the matters should have known that an unclassified system was no place for that conversation,” Comey said. Clinton and her aides “were extremely careless in their handling of very sensitive, highly classified information,” he said. ___ CLINTON: “I never received nor sent any material that was marked classified.” NBC interview, July 2016. THE FACTS: Clinton has separately clung to her rationale that there were no classification markings on her emails that would have warned her and others not to transmit the sensitive material. But the private system did, in fact, handle emails that bore markings indicating they contained classified information, Comey said. He said the marked emails were “a very small number.” But that’s not the only standard for judging how officials handle sensitive material, he added. “Even if information is not marked classified in an email, participants who know, or should know, that the subject matter is classified are still obligated to protect it.” ___ CLINTON: “I responded right away and provided all my emails that could possibly be work related” to the State Department. News conference, March 2015. THE FACTS: Not so, the FBI found. Continue reading

Peak FBI Corruption? Meet Bryan Nishimura, Found Guilty For "Removal And Retention Of Classified Materials"

In a scandalous announcement, FBI director James Comey moments ago said that "although there is evidence of potential violations of the statutes regarding the handling of classified information" and he gave extensive evidence of just that, "our judgment is that no reasonable prosecutor would bring such a case." He added that "prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past." What is shocking is that the FBI director was clearly ignoring the US code itself, where in Section 793, subsection (f),"Gathering, transmitting or losing defense information", it makes it quite clear that intent is not a key consideration in a case like this when deciding to press charges, to wit: 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. What is even more shocking is that according to Comey, "we cannot find a case that would support bringing criminal charges on these facts." Well, we did. Here is the FBI itself, less than a year ago, charging one Bryan H. Nishimura, 50, of Folsom, who pleaded guilty to "unauthorized removal and retention of classified materials" without malicious intent, in other words precisely what the FBI alleges Hillary did (h/t @DavidSirota): U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance. According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system. Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, following his statement to Naval personnel, he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel. This case was the product of an investigation by the Naval Criminal Investigative Service (NCIS) and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case Continue reading