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.
I'm certainly not an expert on criminal procedure, but I find it hard to believe that an indictment and prosecution HAS to go through the Attorney General.
So every FBI prosecution in the country goes through the AG?
What about state level prosecutors?
How about the FBI indicts her, and if Lynch objects, they arrest her for obstruction of justice?
Here's what James Comey could do: Hold a very public press conferece, with many of the major media players present. At that press conference, he could announce that the F.B.I. has concluded there is overwhelming evidence of criminal wrongdoing on the part of Hillary Clinton, and strongly recommend that the Justice Department pursue an indictment. He should further state that the evidence shows both willful mishandling of national security information, including Top Secret and higher, as well as acceptance of contributions to the Clinton Foundation by foreign governments in return for favorable rulings by the State Department. It's true that Comey cannot force Loretta Lynch to accept this recommendation, however, because of the extensive media coverage this press conference would generate, it would be extremely difficult for the Obama Administration to decline seeking an indictment against Clinton. At the very least, it would destroy her presidential ambitions.
I wonder if President Trump is capable of a violent purge throughout the Bureaucracy. Maybe another house Unamerican Activity again.
Just imagine Trumps firing all the assistants to Supreme Court Justices and asserting his right as the executive to decide who and who does not get hired or rehired.
More and more it looks like we’re living in a Twilight Zone episode.
Comey has press conference. Obama fires Comey. Within a week, the media has convinced the public that Comey is ten times worse than Ken Starr.
Comey has press conference. Obama fires Comey. Within a week, the media has convinced the public that Comey is ten times worse than Ken Starr.
The Fourth Estate no longer consists of only the Washington Post, the New York Times and CNN.
Nothing will happen to Hillary.
The fix is in.
Believe in the Constitution?
Believe in the System?
Not going to happen.
America has been sold out. All beliefs that law will prevail are wrong.
Sorry.
I guess HRC and her defenders were right when they said the FBI is not investigating HRC criminally.
Comey is an Obama appointee. Lynch is an Obama appointee. Their job is to investigate and then clear Hillary before the convention.
The FBI can complete their investigation and then memo the facts to the Department of Justice. If there is not prompt and appropriate action, leaks can generate political pressure and impose damage on Clinton and Obama. Oversight hearings by Congress can then investigate the issue.
I am pretty sure that the FBI knows how to twist arms....so to speak.
One for the little people. You and I. The great unwashed. The peasantry.
The second, for those of influence and power. Money and position. Those of the "correct" political persuasion.
Have your neighbor go watch the 13 Hours movie. If they still support her after watching it, your neighbor is a certifiable moron.
Take a picture of your neighbor and post it under “ I like Hillary, boy am I stupid!”
Exactly.
She will not be charged, or indicted, or led away in handcuffs, never will be seen in an orange jump suit, never tried, never convicted, never jailed—NEVER. We really need to get our heads out of the sand about this. She is protected. She is never going to be treated like an ordinary person. Trey Gowdy is personally seeing to it. Relax.
I have a couple of friends like that. We talk about everything except politics.
Oh please, let’s leave Congress and their useless hearings out of this. They accomplish nothing!
And I’m betting that your opinion of your neighbor’s intellectual ability immediately plummeted, as it should.
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