Skip to comments.Hillary and the Law
Posted on 01/24/2016 1:55:38 PM PST by Ben Mugged
Someone familiar with the law tell me why Hillary has not been arrested. The legal reason not the political reason.
No controlling legal authority . . . except one that operates on a strictly political basis (DOJ).
No Grand Jury, no prosecution.
Hitlery is above the law. Integrity of DOJ has become questionable.
Same reason Paula Broadwell wasn't locked up for having classified docs in her possession.
She has not (as far as we know) been charged with a crime, and a large (no, a VERY large) and very complex investigation is underway.
Once she is arrested and Mirandized, she acquires all the protections the law allows criminal defendants, INCLUDING the disclosure of information now known only to the government.
and that is political
Answer: it’s called felonious and criminal corruption in the highest echelons of the US government
Jail is for the little people.
The political reason is the legal reason.
The POLICE can arrest someone on probable cause and detain them for 48 hours or so before putting them in front of a judge.
This is a very complex white collar crime, with small flight risk, and there's no reason to arrest her (and lots of reasons not to) until all of it goes in front of a grand jury, probably this Spring.
Because no Grand Jury has yet returned a True Bill charging her with a crime.
No. DA/Gmvt atty makes presentation to a Grand Jury, If Grand Jury returns an indictment/True Bill, an arrest is made.
If a LEO SEES a crime committed, s/he can make an arrest, but despite what you see on TV, vast majority of felony arrests come after indictment.
The term “prosecutorial discretion” refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.
But in the end, it is still a political decision.
She did not send or receive emails “marked” classified, her aides removed that designation so it is their fault. Typical Clinton evasion. The aides will roll over like Webb Hubbell did.
I don’t pay attention to the doom and gloomers. The FBI don’t pull punches. They’ve just added another 50 agents to her case. Not sure if she’s going to be indicted......but she won’t be the democratic nominee.
...The aides will roll over like Webb Hubbell did.....
That is only half the story. Once you receive classified info on an unsecured server, and you know it shouldn’t be there, if you don’t report it to your security agency, you are also guilty of a crime.
Her only defense will be “I didn’t know it was classified” but that will be hard to defend as this took place over years, and Hillary was well aware of what constituted classified material. She was briefed on it especially since she handled top secret info.
The other question will be why did her aides send the info? They did it without the direction of Hillary? For years?
Someone will sing, may be Pagliano since he has already claimed the 5th.
Not so sure she does.
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