After announcing that Hillary Clinton did, indeed, mishandle classified material, FBI Director James Comey said that “no reasonable prosecutor” would bring a case against her. Even though the purpose of the investigation was to look at “whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.”
Ultimately, the FBI found that Hillary:
1. Used “different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send e-mail on that personal domain.”
2. Transmitted classified information. All of the emails in question weren’t marked classified after the fact, like she originally claimed.
“From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were ‘up-classified’ to make them Confidential; the information in those had not been classified at the time the e-mails were sent.”
3. Failed to hand over all her work-related emails. Comey admitted that her lawyers tried to separate her work-related emails from her personal emails but said they didn’t actually read the emails. They relied solely on header information and used search terms to find the “work-related” emails among the personals and surely missed some. But listen, there was no evidence that “any of the additional work-related emails were intentionally deleted in an effort to conceal them.”
“It is highly likely their search terms missed some work-related e-mails, and that we later found them, for example, in the mailboxes of other officials or in the slack space of a server,” Comey said.
“It is also likely that there are other work-related e-mails that they did not produce to State and that we did not find elsewhere, and that are now gone because they deleted all e-mails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery,” he added.
But they weren’t deleted on purpose or anything like that.
4. KNEW she had classified material coming and going across her server. While Comey said Hillary and her cronies were “extremely careless in their handling of very sensitive, highly classified information,” that apparently doesn’t constitute criminal behavior.
“None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail,” Comey said.
5. This one isn’t really something Hillary did herself, but it happened because of her carelessness. Her private email account– which contained classified material– was likely hacked.
“With respect to potential computer intrusion by hostile actors, we did not find direct evidence that Secretary Clinton’s personal e-mail domain, in its various configurations since 2009, was successfully hacked. But, given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.”
So Hillary Clinton definitely broke the law and lied about it and put national security at risk, but she’s basically in the clear because she didn’t mean it.
Translation: Hillary’s above the law. In other news, the sky is blue.
But the law. Let’s talk about that. Even though it doesn’t apply to Hillary, it should be noted that “the rule of law says that laws must be applied as they are written, and they must be applied equally.”
Here are the statutes Hillary violated, via Ben Shapiro:
18 USC §793. This statute explicitly states that whoever, “entrusted with or having lawful possession or control of any document…through gross negligence permits the same to removed from its proper place of custody…or having knowledge that the same has been illegally removed from its proper place of custody….shall be fined under this title or imprisoned not more than ten years, or both.” Comey called her “extremely careless.” That was highly charitable. But even by that standard, Hillary was grossly negligent with classified material. Comey says Hillary had no intent to transmit information to foreign powers. But that’s not what the statute requires.
18 USC §1924. This statute states that any employee of the United States who “knowingly removes [classified] documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.” Hillary set up a private server explicitly to do this.
18 USC §798. This statute states that anyone who “uses in any manner prejudicial to the safety or interest of the United States…any classified information…shall be fined under this title or imprisoned not more than ten years, or both.” Hillary transmitted classified information in a manner that harmed the United States; Comey says she may have been hacked.
18 USC §2071. This statute says that anyone who has custody of classified material and “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years.” Clearly, Hillary meant to remove classified materials from government control.
It’s crystal clear. She broke the law. But laws? Pffffft. Those are for lesser mortals.
h/t Daily Wire