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TWO SETS OF STANDARDS PLACE FORMER SECRETARY OF STATE ABOVE THE LAW
by Capt Joseph R. John (Ret), ©2016, Chairman, CombatVeteransForCongress
(Jul. 8, 2016) — Over the last year, Hillary repeatedly lied to Congress while under oath, lied in her response to questions during presidential debates, lied during interviews with news media, and lied to the American people on how she handled Secret, Top Secret, and Sensitive Compartmented emails that were transmitted and received on the unclassified private email server in the basement of her home.
Hillary Clinton also lied in her testimony while under oath to Congress, about the radical Islamic terrorists who attacked the U.S. Mission in Benghazi, Libya. She also lied to the families of the four dead Americans who were killed in Benghazi within close proximity to their American-flag-draped caskets immediately after their bodies arrived at the Delaware U.S. Air Force Base. She also repeatedly lied to the American people and the news media when she said the attack on the U.S. Mission in Benghazi was the result of a demonstration against a YouTube video that went bad, when on the night of the attack, she told her daughter that it was conducted by an Al Qaeda-type terrorist group.
After many years as a practicing attorney, eight years as a U.S. Senator, and four years as the Secretary of State, Hillary had been repeatedly briefed and required to execute proof of her understanding, under penalty of perjury, on how to handle classified material. Hillary very well knew that in transmitting and receiving classified emails on an unclassified server, she was violating federal laws.
In his testimony before Congress, the FBI director alleged that Hillary Clinton did not know what she was doing when she was violating federal laws. If that is true, it goes to her lack of “competence,” and she has demonstrated that she is “incompetent” to ever be trusted to handle classified material again.
FBI Director Comey told the American people that the FBI did a “comprehensive” investigation of whether Hillary Clinton violated federal laws. He said Hillary had “no intent,” even though he knew she repeatedly lied while she was under oath in her sworn testimony to Congress on her handling of classified material. By lying to Congress under oath, she perjured herself, which was evidence of her “intent” to mislead and deceive Congress about the details of how she received and transmitted Secret, Top Secret and Sensitive Compartmented emails on the unsecured server in the basement of her home.
Most Americans fully understand that perjury in testimony before Congress, while under oath, is a federal crime.
Hillary’s FBI interview was not conducted in the same manner that all other suspects in a criminal case are interviewed. FBI Director Comey not only did not attend the 3½-hour (very short) interview of Hillary Clinton, but incredulously, he did not ensure she was put “under oath,” that the interview was “recorded,” and he did not require that a “transcript” be made of the interview for retention by the FBI. Before Comey decided against referring Hillary’s case for criminal prosecution, he did not even speak to the five or six FBI agents who interviewed Hillary on a Saturday on the 4th of July weekend.
Comey’s decision not to recommend the indictment of Hillary Clinton negatively affected the view of millions of Americans who developed the impression that there is no equality in the “Rule of Law.” At a minimum, the way Comey had the FBI handle the interview of Hillary Clinton led the American people to believe there are two sets of rules for enforcing federal laws. There is one for Hillary Clinton and another for other Americans who have been previously prosecuted, convicted, and jailed for doing far less than what Hillary did in their own handling of classified material.
After Comey laid out the predicate on how Hillary repeatedly violated U.S. law over a four-year period, he then drew an erroneous conclusion when he said “no reasonable prosecutor would bring such a case” because she had no “intent.” Hillary’s “intent” was proven when she repeatedly lied to Congress about how she was handling classified material. However, thousands of Americans are currently serving prison sentences for mishandling classified material, and in many of their cases, “intent” was never proven. “Intent” is not required to convict someone for violating federal laws governing the handling of classified material.
Hillary Clinton and her staff who were involved in improperly handling extremely sensitive compartmented emails (those emails are more highly-classified than Top Secret) were incredibly reckless, and they should never be allowed to handle classified material again.
Hillary Clinton’s case should have been referred to the Justice Department for indictment, so that the Justice Department could have referred the case to a grand jury. If Hillary were a soldier in the U.S. Army and had violated the handling of classified material, she would have lost her security clearance, faced criminal prosecution, and forfeited pay. Director Comey prosecuted and convicted members of the U.S. Navy for mishandling classified material without having to prove “intent.”
Yesterday the U.S. Attorney General gave Hillary a pass on prosecution for her gross violation of mishandling classified material over a four-year period in violation of federal laws governing the handling of classified material; it was an extremely bad day for the American justice system.
Copyright 2016, Capt. Joseph R. John. All Rights Reserved. This material can only be posted on another website or distributed on the internet by giving full credit to the author. It may not be published, broadcast, or rewritten without permission from the author.
Joseph R. John, USNA ‘62
Capt USN(Ret)/Former FBI
Chairman, Combat Veterans For Congress PAC
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Then I heard the voice of the Lord, saying, “Whom shall I send, and who will go for Us?” Then I said, “Here am I. Send me!” -Isaiah 6:8