Posted on 01/24/2016 12:58:03 PM PST by Kaslin
It almost seems like old news at this point, but the Hillary Clinton email server story arc continues to dump one damaging headline after another on the head of the presumptive Democrat nominee. We saw the recent revelation that some of the material stashed away in that bathroom closet contained data relating to human intelligence at the highest level. We then heard former Attorney General Michael Mukasey say it’s time to charge her with mishandling classified documents. And yet nothing seems to happen beyond scattered rumors from mostly nameless sources saying that the FBI is busily digging away. Why is that?
Andrew Mccarthy points out this weekend that there’s something important missing from the process at this point: a grand jury.
In an ordinary case, that would not be a point worth making. The FBI routinely conducts major investigations in collaboration with Justice Department prosecutors - usually from the U.S. attorney's office in the district where potential crimes occurred. That is because the FBI needs the assistance of a grand jury. The FBI does not have authority even to issue subpoenas, let alone to charge someone with a crime. Only federal prosecutors may issue subpoenas, on the lawful authority of the grand jury. Only prosecutors are empowered to present evidence or propose charges to the grand jury. And the Constitution vests only the grand jury with authority to indict - the formal accusation of a crime. In our system, the FBI can do none of these things.
No Justice Department, no grand jury. No grand jury, no case - period. As a technical matter, no matter how extensively the FBI pokes around on its own, no one can be a subject of a real investigation - i.e., one that can lead to criminal charges - unless and until there is a grand jury. That does not happen until the Justice Department hops on board.
Now, there’s nothing that Andrew is talking about at the 10,000 foot level which we haven’t noted here before. All the evidence in the world isn’t going to do any good if you can’t find someone to make an arrest and bring a case to trial. But he goes on from there to express a level of hope and confidence which I really haven’t been feeling thus far. The author’s main point is that the White House is currently hedging their bets by playing both sides of the fence, so to speak. Barack Obama, through the offices of his Attorney General, is allowing the FBI to move forward with the investigation, but Justice isn’t taking part in the process so there is no grand jury. In this way the President hopes to avoid the appearance of shielding Hillary from the long arm of the law while simultaneously protecting himself from the wolves in his own party who would be howling for blood if he brought Loretta Lynch in to make Clinton an “official target” of an investigation while she’s running for president.
All valid in my opinion, but then Andrew goes on to say that the President wouldn’t dare stand athwart the call of justice, and he’s placing his faith in the credentials of FBI Director James Comey.
Jim is tough, he is smart, and if there is a case to be made here, he will make it. And if he makes it, it will be bulletproof.
Of course, making the case would not mean the FBI could force attorney general Loretta Lynch - and the president to whom she answers - to pursue the case. The FBI cannot convene a grand jury and present an indictment. But you'd best believe the FBI can make the Obama administration look very bad if it shrinks from doing so. Then it will be a matter of how far Barack Obama is willing to stick his neck out for Hillary Clinton.
I'm betting: not that far.
Mccarthy clearly has a lot more faith in the system than I do. And to be clear, I’m not knocking James Comey here. I’ll take him at his word that he’s a conscientious servant of the law and that he’ll do his best to see any guilty parties brought before a judge and jury. But as Mccarthy freely admits, all Comey can really do is make the Obama administration look very bad if they fail to unleash the Justice Department on the case. But when has that stopped them before? As we’ve mentioned here more times than I can count, an IG brought forward a case against Huma Abedin on embezzlement charges and Attorney General simply passed on it. They didn’t care how bad anything looked. They simply weren’t going to go after anyone associated with Clinton or the White House inner circle.
Are we to believe that now Loretta Lynch would impanel a grand jury to go after Secretary Clinton over the classified information on her server? Andrew seems to think that failing to do so would require Barack Obama sticking his neck out on her behalf and that he would somehow balk at the idea. I’m not seeing it, though I’d love to be wrong.
Follow up presser a week later.
Anyone else would be in jail, no bail.
Naturally
If it causes disruption and havoc then ObieWan will so order, else it will be up to VJ and her friends in Iran.
Just found out my neighbor, whom I love, is a Hillary fan, and enthusiastic Hillary fan. It’s like living in an alternate reality.
Willing to bet the jury would end up being Fostered before a guilty verdict could be handed down anyway.
Any Hillary fan knows absolutely nothing about her history other than she's the poor little ole wife Bill cheated on.
The FBI once they accessed her server has the details to the deals she made on behalf of the Clinton foundations. Given the leaks so far, we’ll get the details behind the millions she and Bubba pocketed. That will kill her candidacy.
She can lie about all she wants. She’ll never escape it. That will be key to Bloomberg entering the race. It’s downhill for the Democrats afterwards. Between the commie and Bloomberg, what’s left of the Left won’t be enough to hold onto the presidency.
Obama is seeing his legacy coalesce into a train wreck. The remaining question is will he try to salvage some of his reputation by allowing a special prosecutor.
Yeah and she knows zip about our economy, would just keep electing these creeps who have spent for the next 5 generations.
If indicted, Hillary will bring down Obama and Jarrett over Arab Spring, among other things....
Do you think Valerie Jarrett is suicidal? I don’t.
If Hillary is indicted, she’ll be pardoned.
Why does the press continual miss the point that the server was moved to that ISPs location in 2013 AFTER Clinton left the State department. It was in one of Clinton's houses and administrated by WHO??? while she was in office. Why was it moved? Who had access to it?
The McCarthy article is whistling past the graveyard with its optimism that justice will be done. History shows that Democratic appointees in DOJ administrations are willing to ignore the obvious legal processes necessary for the rule of law in the interest of protecting Dems and their lawless regimes.
Similar coverups happened in the 1990s when the ambitious young Deputy US Attorney Eric Holder, ignored a referral from a Federal judge of a perjury charge in his court against Hillary’s main operative for Hillarycare, Ira Magaziner. Holder was the operative who also approved a pardon for Marc Rich, a Dem donor to Bill Clinton. Rich escaped prosecution for tax evasion, trading illegally with Iran, and racketerring. Holder was never held to account and became an Obama’s Attorney General who was willing to overlook the lawlessness of the Obama regime over DOJ approved arms sales to Mexican druglords.
Holder virtually sneered at a Congress oversight committee on the Fast & Furious matter and eventually was charged with contempt of Congress.
The lesson for all Dem appointees is that if you don’t snitch, you can actually ignore the rule of law as it pertains to a Democratic President-—and your career will be rewarded with higher honors and money via Dem corporate connections and the support of the Dem media.
So don’t hold your breath that Hillary will be called to account, no matter how honorable FBI Director Comey is. The Dems don’t care how it looks as long as they protect their own.
The Marxists running the government won’t lay a finger on another Marxist being set up to take over the “United” States. Obama needs Clinton in the White Hut to pave the way for him to become King of the World down at the UN sewer. The lawless madman, Obama, isn’t ready to quit yet. He wants the whole world to be living in slavery, poverty and misery. JMO.
No follow up presser; it would be announced that Comey had committed suicide by shooting himself five times in the head with a bolt action rifle in Fort Marcy park.
Only a full scale mutiny by FBI investigators will put Hillary’s crimes on full display.
And then Hillary skates. Again.
Well, since there in essence would be no crimes committed then the FBI should be able to publish all of their investigative materials un-redacted.
Well, since there in essence would be no crimes committed then the FBI should be able to publish all of their investigative materials un-redacted.
Absolutely!
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