In Clinton Case, Obama Administration Nullifies 6 Criminal Laws

Zero Hedge ^ | 5JUL16 | Tyler Durden

[vannrox]

When the Obama Administration, on July 5th, ruled that in regard to Hillary Clinton’s privatized email system while she was Secretary of State, "Our judgment is that no reasonable prosecutor would bring such a case” to a grand jury, because “We cannot find a case that would support bringing criminal charges,” they ignored the following six U.S. criminal laws, each of which undeniably describes very well what she did:

18 U.S. Code § 2232 — Destruction or removal of property to prevent seizure

(a) Destruction or Removal of Property To Prevent Seizure

Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Impairment of In Rem Jurisdiction

Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.

18 U.S. Code § 1512 — Tampering with a witness, victim, or an informant

(c) Whoever corruptly

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

 

18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

 

18 U.S. Code § 2071 — Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, 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, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

 

18 U.S. Code § 641 — Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use, or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof, …

Shall be fined not more than $10,000 or imprisoned not more than ten years or both. …

 

18 U.S. Code § 793 — Gathering, transmitting or losing defense information …

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer —  

Shall be fined not more than $10, 000 or imprisoned not more than ten years, or both. (g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, shall be subject to the punishment provided for the offense which is the object of such conspiracy.

Those laws are consequently null and void, by Executive action. When Congress (which is supposed to be the Legislative branch of the government) passed those laws, what were they describing, if not this? Of course, they did describe there what Clinton has, in fact, done.

If we are a nation “of laws, not of men” (as that old basic description of democracy phrased it), then Ms. Clinton will be prosecuted, at least through the grand jury stage, on (at least) those grounds. The decision regarding her innocence or guilt will be made by jurors (first by the grand jurors, of course, and if they find there to be a case, then by a trial jury), not by the broader public - and also not by the nation’s Executive: the President and his appointed Administration. That is what it means for a government to be a functioning democracy. Any government which violates this principle - that it is “of laws, not of men [including women]” - is not functioning as a democracy: it’s something else.

In addition to these criminal laws, there are also federal regulations against these matters, but violations merely of federal regulations (such as these) are far less serious than are actions that violate alsofederal criminal laws (such as the six laws that are listed above).

She isn’t even being sanctioned for the violations the the State Department’s own regulations (or “rules”).

This is not a partisan issue. I was until recently an active Democrat, and I joined with millions of other Democrats who expressed condemnation when George W. Bush was allowed to get away with many severe crimes (such as this) while he was in office; and one of the reasons why I was trying to find someone to contest against President Obama in Democratic primaries for the 2012 Democratic Presidential nomination was that Obama had refused to prosecute his predecessor’s crimes against this nation. But now this same Obama is nullifying at least these six laws in order to win as his successor Hillary Clinton, who surely will not prosecute Obama for his many crimes (such as this and this) while he has been leading this nation and destroying our democracy.

I parted company from the Democratic Party when I gave up on both Parties in 2012 as they and the government they operate have been since at least 1980 — not at all democratic, but instead aristocratic: holding some persons to be above the law (that researcher there called the U.S. an “oligarchy,” which is simply another word for the same thing — rule by the top wealth-holders, not by the public: not a “democracy").

There can be no excuse for Obama’s depriving the public, via a grand jury decision, of the right to determine whether a full court case should be pursued in order to determine in a jury trial whether Hillary Clinton’s email system constituted a crime (or several crimes) under U.S. laws. The Obama Administration’s ‘finding’ that “clearly intentional and willful mishandling of classified information” would need to have been proven, in order for her to have been prosecuted under any U.S. criminal law, is a flagrant lie: none of the above six U.S. criminal laws requires that, but the only way to determine whether even that description (“clearly intentional and willful mishandling of classified information”) also applies to Clinton would be to go through a grand jury (presenting the above-cited six laws) and then to a jury case (to try her on those plus possibly also the charge that there was “clearly intentional and willful mishandling of classified information”). But now, those six laws are effectively gone: anyone who in the future would be charged with violating any one of those six laws could reasonably cite the precedent that Ms. Clinton was not even charged, much less prosecuted, for actions which clearly fit the description provided in each one of those U.S. criminal laws. Anyone in the future who would be charged under any one of these six laws could prove discriminatory enforcement against himself or herself. (In the particular case discussed there, discriminatory enforcement was ruled not to have existed because the enforcement of the criminal law involved was judged to have been random enforcement, but this condition would certainly not apply in Clinton’s case, it was clearly “purposeful discrimination” in her favor, and therefore enforcement of the law against anyone else, where in Clinton’s case she wasn’t even charged — much less prosecuted — for that offense, would certainly constitute discriminatory enforcement.) So: that’s the end of these six criminal laws. The U.S. President effectively nullified those laws, which were duly passed by Congress and signed into law by prior Presidents

And that’s the end, the clear termination, of a governemnt “of laws, not of men”.

*  *  *

Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

 

[vannrox]

Here it is. America is not a CRIMINAL EMPIRE.

[vannrox]

America is a CRIMINAL EMPIRE

[vannrox]

The comments make for interesting reading...

“I was until recently an active Democrat, and I joined with millions of other Democrats who expressed condemnation when George W. Bush was allowed to get away with many severe crimes (such as this) while he was in office; and one of the reasons why I was trying to find someone to contest against President Obama in Democratic primaries for the 2012 Democratic Presidential nomination was that Obama had refused to prosecute his predecessor’s crimes against this nation. But now this same Obama is nullifying at least these six laws in order to win as his successor Hillary Clinton, who surely will not prosecute Obama for his many crimes (such as this and this) while he has been leading this nation and destroying our democracy.”

Too late, motherf##ker. Too f##king late. We’re f##ked and you’re f##ked right along with us, a##hole. There will be no stopping the descent into fascism now.

[jonascord]

The $64 question is: “How many Aristos will we have to guillotine before we have our country back?”

[yoe]

The mixed FBI judgment on Hillary Clinton’s email practices – that she’d shown extreme carelessness in her handling of classified information but not enough to merit criminal charges – left Democratic Party loyalists in a familiar place: relieved, exasperated and yet hopeful, with fingers crossed, that once again the Clintons had won.

It was another chapter in what’s now a 25-year-old saga that has seen Hillary and Bill Clinton survive controversies that usually end political careers. Think Bill Clinton’s denials of an extramarital affair early in his 1992 campaign for the presidency or his 1998 impeachment after the separate Monica Lewinsky dalliance exposed him to obstruction-of-justice claims.

Yet he wound up completing his term in 2001 with a 66 percent Gallup approval rating and his wife had been elected to the Senate.

America's first ruling class since King George III...thank you James Comey!

[DH]

Nothing to see here...move along.

Everyone knows that we are in the utopian world set up by Bill Clinton and his minions. A world in which “if it feels good do it!”

It’s how you feel, not what you need to do.

Our “brave new world” has arrived along with unicorns and skittles and the majority of the ignorant new generation is totally happy and satisfied...and will be...until they realize that they are all slaves to the government.

[VRW Conspirator]

In Clinton Case, Obama Administration Nullifies 6 Criminal Laws

But only for elites, peasants need not apply.

[LucyT]

And that’s the end, the clear termination, of a governemnt “of laws, not of men”.

Check out article.

[SunTzuWu]

Bookmark.

[jafojeffsurf]

There is No Rule of Law or Justice or even Search for Truth. You live now in a world run by the whims of Men. Insanity and Tyranny!

America is Evil...

The Enemy is within and until we deal with that Enemy we will Never be able to Deal with the Enemy’s outside the Nation.

No Fools hundreds of miles away in no way have my consent to rule over me PERIOD

Withdraw Your Consent!

Still thinking America is able to be saved? Still think it is Not Evil? Still think the blood from all those aborted baby’s is not going to weigh Heavy upon Our Soul’s?

Return to God, Christendom, a Moral Local Government or Continue into Darkness.

Charting the Path: http://veritasradionetwork.com/

[WildHighlander57]

From the article:

“...But now, those six laws are effectively gone: anyone who in the future would be charged with violating any one of those six laws could reasonably cite the precedent that Ms. Clinton was not even charged, much less prosecuted, for actions which clearly fit the description provided in each one of those U.S. criminal laws. ...”

A guy named Nishimura recently got charged with a breach of one of those laws; using the reasoning above, then he would have an appeal.

So would every other sleeper spy (Muslim or otherwise) that gets caught doing what Clinton did.

The entire security system of our nation just got trashed.

Trump was right to nail shrillary on it; our choice is clear:

VOTE TRUMP

[RS_Rider]

Wasn’t there a thumb drive that was given to Sid Blumenthal (sp)?
I haven’t heard this mentioned for a long time.
Sid was not a government employee and had no security clearance and was given top secret information.

[Truth29]

"Anyone in the future who would be charged under any one of these six laws could prove discriminatory enforcement against himself or herself. (In the particular case discussed there, discriminatory enforcement was ruled not to have existed because the enforcement of the criminal law involved was judged to have been random enforcement, but this condition would certainly not apply in Clinton’s case, it was clearly “purposeful discrimination” in her favor, and therefore enforcement of the law against anyone else, where in Clinton’s case she wasn’t even charged — much less prosecuted — for that offense, would certainly constitute discriminatory enforcement.) So: that’s the end of these six criminal laws. The U.S. President effectively nullified those laws, which were duly passed by Congress and signed into law by prior Presidents"

Actually no. The laws will be applied whenever and however the ruling elites desire. Consistency is not a factor. The legal system has become a tool of power and control, not justice.

[Travis McGee]

[Does so]

It was JFK who last publicly stated that “We are a nation of laws, and not men”. How far we have fallen!

[bert]

if there is no law, there is no law

why is Barack breathing still?

[Pollster1]

America is not evil, but the ruling class certainly is.

[wastoute]

Why is Zero still breathing? Zero is a sock puppet. Removing him would not even give the Uniparty hiccups.

[Jamesmm]

Clinton Email Hacker, GUCCIFER, has disappeared. The FBI was unable to question him. He disappeared after the Clinton/Lynch meeting.

http://investmentwatchblog.com/clinton-email-hacker-guccifer-has-disappeared-the-fbi-was-unable-to-question-him-he-disappeared-after-the-clintonlynch-meeting/

[knarf]

There's a LOT going on here, not the least is the fact that ANY legal action could and would be pardoned by jug ears

we're relatively days away from a new Presidency and IT IS NOT NAMED CLINTON ! ! !

I personally feel there is a global action prepared by God, to clean up unrighteousness

President Duterte in the Philippines is a man that has taken control, the likes of which we want (and believe) Trump will

Recall in history, a large group of men (anything over 3 or 4 is, imo, a miracle) ... that gathered togethered and brainstormed first an idea, then formulated a method of government and finally gave their lives to accomplish that crazy idea ..... way back in 1776.

Europe has pretty much had it with the modern day version of a hippy movement (islam spreading like 1960's anti-war radicalism) and other nations bonding against leftist and islamist momentum.

I think this is one of the most exciting times in human history where we are battling like the Crusaders .... Holy against un-holy