Great post! I agree, the FBI is in a serious bind-must do the right thing regardless!
Hilary had to have signed a DOD form 302 to operate a computer within the scale of the military or DOD. That form is a representation of training on what you can and cannot do on the lines. If the justice department does not press for the very obvious misuse to the point of possible espionage or treason because she was teaching her subordinates how to by-pass the security systems, then they are not doing the job. Maybe it’s time to sue the government and make sure it hits the papers.
If you are injured by a government agency, you may be able to sue under the Federal Tort Claims Act. Historically, under the doctrine of “sovereign immunity,” you were not permitted to sue the king. Sovereign immunity has carried over to modern times in the form of a general rule that you cannot sue the government — unless the government says you can. Fortunately, the Federal Tort Claims Act (”FTCA”) allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment. And not doing their job to protect the US from high crimes and misdemeaners is one of them,
If you believe you may have a claim for negligence (careless conduct, or other wrongful or “tortious” conduct) against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA.
Although the limitations and exceptions are too numerous to review in this article, here are some general guidelines regarding the limitations on FTCA claims:
• Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).
• The negligent or wrongful conduct must have been done within the scope of the defendant’s employment.
• In general, only claims of negligence — as opposed to intentional misconduct — are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).
• The claim must be based on — and permitted by — the law of the state in which the misconduct occurred.
Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. Maybe it will get someone’s attention. And I’ll bet I can find at least one hundred lawyers and a number of organizations that would like to get a piece of Uncle Sugar.
Maybe it’s time.
red
Spot on post. Comey will either resurrect the FBI’s reputation or complete its destruction.
I would guess that the destruction scenario would poll in the 80% to 90% range here at FR. a pretty cynical bunch. But I’m still hopeful if not confident that Comey will do the right thing.
My read is that Comey will recommend charges be filed. The indictment will have to come from a grand jury. It will be up to Loretta to either file charges or assign a special prosecutor.
I was recently at talk given by a state Supreme Court justice. He knows Comey from his prosecutor days, and believes he will follow the law. That is, he will indict if the evidence indicates it appropriate.
I hope he is right, but I have my doubts.
Her not being indicted yet shows Comey is just another tool! This shows it perfectly!
A gun store owner reported Orlando shooter Omar Mateen to authorities weeks before he committed the worst mass shooting in US history.
GOP Agrees to Vote on Gun Control After 15-Hour Filibuster
We are being played like fiddles!