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Why Are Clapper and Brennan Not in Jail?
American Greatness ^ | April 29th, 2019 | Angelo Codevilla

Posted on 04/30/2019 5:58:12 AM PDT by Mount Athos

The clearest of all the laws concerning U.S. intelligence is Section 798, 18 U.S. Code—widely known in the Intelligence Community as “the Comint Statute,” or “the 10 and 10.” Unlike other laws, this is a “simple liability” law. Motivation, context, identity, matter not at all. You violate it, you are guilty and are punished accordingly.

Here it is:

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, . . . any classified information—

(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or

(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States …or

(3) concerning the communication intelligence activities of the United States or any foreign government; or

(4) obtained by the processes of communication intelligence . . .

Shall be fined under this title or imprisoned not more than ten years, or both.

On December 9 and 10, 2016, the New York Times and the Washington Post independently reported that anonymous senior intelligence officials had told them that, based on intercepted communications, the intelligence agencies agreed that Russia had hacked the Democratic National Committee to help Donald Trump win the election. Their evidence was the fact of their access to U.S communications intelligence. A flood of subsequent stories also cited allegations by “senior intelligence officials” that “intercepted communications” and “intercepted calls” showed that “members of Donald J. Trump’s 2016 presidential campaign and other Trump associates had repeated contacts with senior Russian intelligence officials in the year before the election.”

Incontrovertibly, the officials who gave these stories to the Times and Post violated the Comint Statute, and are subject to the “10 and 10” for each count. There is no clearer instance of what the governing law is, of how it was violated, and of the punishment that this incurs.

Consequently, there is no clearer indictment of our legal system than the fact that no one has been prosecuted for these violations, much less punished.

Nor is there any doubt as to who at least two of these “senior intelligence officials” are: Former CIA director John Brennan and former Director of National Intelligence James Clapper.

Beginning in January 2017, Brennan and Clapper made essentially the same statements on national television. The only possible excuse—that their allegations were lies—is irrelevant because the essence of the violation is the revelation that U.S intelligence was monitoring the communications of the Russians in America, and those of the Trump campaign as well. This is true, and that revelation is a textbook violation of the Comint Statute.

The reasons no prosecutions have followed should be plain enough. The offenders are big people, in the permanent government and in the Democratic Party. They have a great many friends in the U.S Justice Department. From the top down, the Trump Administration has been filled by much smaller people. Loud words aside, the president has kowtowed to the intelligence agencies in every way imaginable. No prominent Republican has chosen to challenge the de facto privileged relationship between Democrats in the intelligence agencies and the media.

And so, Brennan and Clapper continue as living proof that the United States has a dual system of justice. The example of their impunity speaks louder than any speech, and reassures their leftist successors in the intelligence agencies that their channel to the Times and Post is as safe as ever.

Politics is not responsible for the non-application of Section 798 to Brendan and Clapper. It is difficult to imagine that the public would not approve massively the straightforward application to prominent men of a law that is so unambiguous, which is the foundation of arguably the main part of U.S intelligence, and which has been applied countless times to ordinary people.

Rather, the absence of real politics—of real competition between opposing sides in American life—is the culprit. What we see is that those in the upper echelons of American life, whether they call themselves Republicans or Democrats, have greater loyalty to the ruling class to which they belong than to any law or institution. The refusal to apply Section 798 to Brennan and Clapper —the fact that they are free men —is simply the most obvious manifestation of the fact that we have a ruling class, that it is coherent, and that it has yet to be challenged in any serious way.


TOPICS: Conspiracy; Government
KEYWORDS: bhodoj; brennan; clapper; corruptdems
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1 posted on 04/30/2019 5:58:12 AM PDT by Mount Athos
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To: Mount Athos

Because we allow democrats to get away with whatever they want to do.

Obama ran our debt up from 10 trillion to 20 trillion. Now it is beyond control. No one even talks about it he’s a democrat.

We allow it


2 posted on 04/30/2019 6:02:48 AM PDT by stanne
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To: Mount Athos

Sincerely hope AG Barr commences that long-overdue perp walk soon!!!

We need early morning raids, handcuffs, orange jumpsuits and prison bars NOW for at least a dozen RATS who conspired in the obvious coup attempt against President Trump.

There is more than sufficient evidence, thanks to myriad conservative media outlets, to file charges. Why wait any longer to deliver justice against the truly guilty Deep State RATS???


3 posted on 04/30/2019 6:04:07 AM PDT by edie1960
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To: Mount Athos

4 posted on 04/30/2019 6:06:46 AM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: Mount Athos

The problem is that Trump still does not control the levers of power. Justice, the FBI, the CIA, the NSA, the State Department and the Pentagon are still controlled at senior levels by Obama and globalist acolytes. Not only have Comey, Brennan, Clapper, McCabe and Lynch not been arrested and jailed but Trumps stated policies in Venezuela, the Mideast and security along the southern border are thwarted by intentional subterfuge by these vile people.


5 posted on 04/30/2019 6:07:36 AM PDT by allendale (.)
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To: Mount Athos
What we see is that those in the upper echelons of American life, whether they call themselves Republicans or Democrats, have greater loyalty to the ruling class to which they belong than to any law or institution.

Pretty much sums it up right there, Screw the People, I just want to be in charge!
6 posted on 04/30/2019 6:08:34 AM PDT by eyeamok
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To: eyeamok

The swamp remains undrained.


7 posted on 04/30/2019 6:12:04 AM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: stanne

Its easy as to why.

A. We can’t screw it up! Acquittals on any of them would be disasters of various intensity. So car must be taken to do it right. For example Hoover screwed up the prosecution of the Weathermen. So what happens as time marches on we end up in 2008 with William Ayers involved in our national politics. On these things we can’t take short cuts!

B. All corrective actions will end up in federal court. The bigger actions will eventually end up at USSC. We still don’t have that guaranteed 5-4 (it likely will take 6-3 constitutionalists to comedians ratio!)


8 posted on 04/30/2019 6:14:28 AM PDT by Reily
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To: Mount Athos

because ‘law enforcement’ is hopelessly corrupt. now the ff union endorsed Biden, its just a matter of time before they check your voting record before they put your house-fire out. they have politicized the government and they no longer hold the public trust. 15 million illegals running around the country SHOULD be enough to convince most folks that the cops are on the take and the FBI is soo corrupt its beyond redemption.


9 posted on 04/30/2019 6:16:43 AM PDT by TonytheTiger7777
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To: stanne
Because we allow democrats to get away with whatever they want to do.

That’s it right there.

10 posted on 04/30/2019 6:20:08 AM PDT by Mark17 (What, exactly, was the "only evil continually," that was going on in the days of Noah?)
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To: Mount Athos

EXCELLENT question here. One I would like an answer too!!!!!!!!!!!


11 posted on 04/30/2019 6:20:34 AM PDT by bantam
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To: Reily

Ah, a voice of reason.


12 posted on 04/30/2019 6:25:36 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Mount Athos

Why isn’t Bill and Hillary not in prison? Probably the same reason that Clapper, Brennan, and the rest of the traitors are not in jail. They are protected by the Elite. Just as it was in Stalin’s Soviet Union, the law and the purpose of the law was to protect the State [Stalin]. Also it [the law] was to control and punish the serfs and slaves. Here,the identity of the State is unknown to the public, or perhaps it is a Committee. One way to tell is to see who is able to violate law after law with impunity, and who is not.


13 posted on 04/30/2019 6:26:06 AM PDT by sport
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To: MileHi

Thanks!

I try!


14 posted on 04/30/2019 6:29:42 AM PDT by Reily
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To: Mount Athos

Because they are “on the right side of history”. Ask any journalist. They’ll tell you.


15 posted on 04/30/2019 6:29:43 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: sport

If you wish to know who rules you discover whom it is you cannot criticize. Voltaire (IIRC).


16 posted on 04/30/2019 6:31:54 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Mount Athos

Why isn’t Nidal Malik Hasan DEAD?


17 posted on 04/30/2019 6:32:09 AM PDT by PGalt
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To: Mount Athos

Bttt.

5.56mm


18 posted on 04/30/2019 6:32:11 AM PDT by M Kehoe (DRAIN THE SWAMP! BUILD THE WALL!)
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To: Mount Athos

Soon... Hopefully, soon, if the reports regarding Trump’s counterattack are true now that Mueller’s garbage report has been filed.


19 posted on 04/30/2019 6:33:43 AM PDT by SleeperCatcher
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To: Mount Athos

Because they are Democrat Deep State communists.


20 posted on 04/30/2019 6:38:50 AM PDT by chris37 (Monday, March 25 2019 is Maga Day!)
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