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In Email Investigation, FBI Makes Political Decision To Not Recommend Charges For Clinton


#1

In Email Investigation, FBI Makes Political Decision To Not Recommend Charges For Clinton

Kevin Gosztola

Federal Bureau of Investigation director James Comey announced the outcome of the agency’s investigation into former Secretary of State Hillary Clinton’s mishandling of classified information on her private email server. Though evidence of “potential violations” of statutes related to the handling of classified information was uncovered, the agency concluded “no reasonable prosecutor” would bring a case against Clinton. Zero charges were recommended to Attorney General Loretta Lynch and the Justice Department.


#3

“This is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions.”

I think what this means if that someone who also did not show willful intent in a similar circumstance but was still an employee of the State Department might be subject to sanctions such as loss of security clearance or reduced authorization to engage in some tasks. The key is lack of willful intent. Without proof of willful intent there are usually no legal consequences regardless of position. Current employees of the State Department who communicated with Clinton might suffer sanctions. There were quite a few people involved in exchanging these e-mails.


#4

You do realize the fact that you eventually were able to post this comment shows Common Dreams is not censoring you and probably was never trying to do such a thing? It's more likely there was a hiccup in your connection that was giving you snags.

Anyways, carry on.


#5

It is true that other State Department employees may yet find themselves hit with administrative sanctions, but the larger issue of willful intent, which you raise, is misguided.

I'll draw your attention to this part of my article:

What Comey did not state in his remarks was the fact that the Justice Department has prosecuted these offenses as strict liability offenses. That is, because individuals signed non-disclosure agreements, including Clinton, prosecutors have reasoned that those officials knew, before they mishandled or were “extremely careless” with information, what was permissible conduct. So, whether those officials intended to commit a crime or not, the violation of statutes governing classified information is enough for prosecution.


#6

Right on Mr. Gosztola. Everything about this screams political royalty. No rules for them, only for us. Jeffrey Sterling is sitting in jail now for less than what she did and with far less proof.
Comey's report was not kind to her. He clearly pointed out the illegalities and even admitted she must have known it was wrong. How is that not intent? His expression seemed pained, like he had to do this but didn't like it. But he certainly laid out the case for a prosecutor if one did exist, that would take the case. I just don't feel anyone would, now that he has come out and said basically that she's too big to jail.
What a crying shame we have come to this. A clear case of criminality and they take a pass. It reaffirms my opinion that she has no business in the White House. The two most corrupted candidates in the country are our so called choice. What a joke.
Our fight has just begun, this won't go away quietly into the night. We Bernie supporters know fully how corrupt our government is right now. After the convention we will get to the business of changing it from the bottom up. In the mean time a total shut out of the Democratic party will send a message that we aren't going along with the ruse. They, like Republicans are no use to us now. There is no reason not to vote for a third party. I wish Bernie would run with the Greens or start his own progressive party but until then...
Never Hillary


#7

UPDATED
Leaked emails from Wikileaks regarding an important closed door meeting held by top members of the Democratic National Committee. Items of discussion: important strategy, media spin and what to do if Hillary Clinton is in fact indicted.
From the home office in Sopchoppy, Florida:

TOP 10 THINGS OVERHEARD AT THE DNC STRATEGY MEETING

Number 10. WHAT's OUR POSITION ON TPP FOR THIS WEEK?

Number 9. HILLARY's NEW IT TECH IS NAMED BENJAMIN GAZZI- ANY PROBLEM HERE?

Number 8. SHE STUPIDLY CLAIMED TO BE 'DEAD BROKE' AND IS NOW WORTH $200 MILLION- TOO LATE TO CLAIM IT WAS A LUCKY POWERBALL TICKET?

Number 7. REPORTS ARE SURFACING THAT HER GRANDDAUGHTER's FIRST WORDS WERE 'CROOKED MEEMAW.'

Number 6. DO YOU THINK WE NEED MORE ON OUR PLATFORM THAN ADVOCATING FOR THE RELEASE OF UFO FILES?

Number 5. REALLY GUYS- COULDN'T WE FIND ONE CANDIDATE NOT UNDER FBI CRIMINAL INVESTIGATION? (Bill showed his cards: Jim Comey- next Attorney General, Loretta Lynch- next Supreme Court Justice. Killary broke the law- but didn't intend to)

Number 4. WORD IS THE SAUDIS ARE INQUIRING ABOUT A POSSIBLE REFUND.

Number 3. WITH SINKING POLL NUMBERS, BILL ARRANGING SECRET MEETING REGARDING VP SPOT AT BEN & JERRY'S PARKING LOT WITH BERNIE SANDERS.

Number 2. SEEMS A SHAME OUR CANDIDATE IS IN TROUBLE OVER EMAILS AND DOESN'T EVEN KNOW HOW TO USE THEM.

And the Number One thing overheard at recent DNC Strategy Meeting:

Number 1. IF SHE IS INDICTED THAT 'I'M WITH HER' STILL WORKS FOR ELIZABETH WARREN!


#8

The military coup that's evolved in slow, strategic stages since the inception of the NSA, has finally morphed into the U.S. government. It exposes itself as wholly illegitimate.

Who has confidence in this system of systemic fraud any longer?

In most instances, the courts show their deference to Business interests, State Secrets, and/or the 1%.

In too many instances, the loyalty of academics has been purchased or retained through blackmail: Intellectuals lose their jobs, career options, and credibility if they dare to show too much vocal opposition to the misleaders of our times.

The financial system's carrots and sticks are in place to reward those loyal to power, especially if they lack consciences--the better through which to screw the average working man or woman. This same system punishes invention, innovation, independent thinking, a break with orthodoxy or anything that in any way challenges the hegemonic controls of those head honchos at the top of the various corporate pyramids.

The education system is pushing a one size fits all brain-deadening curricula that focuses on externalized uniform standards rather than a love and passion for learning.

Food is so vastly removed from the premise of nutrition as to render it little more than a bunch of chemicals canned for shelf life with "produce" the product of Monsanto's gen-tech labs featuring TONS of pesticide sprayed all over and through it.

The medical system remains a pay per view.

The media is a series of speech jockeys who all repeat the same tired deceptive narratives.

And over 1 million people answer to some branch of the MIC with more than another million wearing some other uniform (police, sheriff, highway patrol, marine patrol, TSA, FBI, CIA, DEA, etc.) that answers to the same corrupt authority figures who snaked in as a result of the Coup Process.

There are so few open arenas of justice or redress.

And when someone like Sanders shows the cracks in the foundation of the money-changers' temples, millions of votes end up lost in a black-hole so that the "presumptive" nominee can indeed reach for her preordained throne.

Our nation has come to simulate the worst in 3rd world dictatorships... with only the veneer of Democracy shining.

Many years ago I met a couple who'd left Cuba for Puerto Rico. They had a beautiful home but you couldn't sit on any of the living room furniture. Termites had eaten out the strength of the wood... but the wife loved the set of furniture exported from Cuba and it still stood in her living room.

I think it's a fit metaphor for what passes for the U.S government and its purported Justice System/Department today.

Just sickening. All of it.


#11

I abhor Mrs. Clinton's policies but would LOVE to see a woman President. (Just not this one.) However, since symbols ARE important--otherwise nations would not have flags and national anthems, the symbolic threshold crossed by a woman being nominated IS historical.

Edward Bernays is very important in any understanding of modern Western culture. Essentially, using the seductive power of advertising, what he unleashed has become "the triumph of packaging over content."

Remember when Andrew Card used verbiage about not marketing war (as product) in the wrong season?

Just about every woman or person of color who's attained high status within the corporate, legal, academic, or political "worlds," answers to systems that comport with Patriarchal Capitalism. If they weren't loyal to the existing system (and status quo), they wouldn't be granted the titles, salaries, and prestige that come with loyalty to the Establishment.

Therefore, in this time of such dense deception (the sort that even "sells wars" on the basis of entirely false info--such as "cases being FIXED FOR war"), appearances are deceiving. Progress comes as a double-edged blade since on the one hand, it IS an achievement to see a Black President or woman would-be President.

The negative side of the equation used to be termed "Tokenism." Black kids I went to college with used the term "Uncle Toms." Uncle Tom was the house slave who showed deference to the Plantation Masters rather than his kin out laboring in the fields.

The system SELF SELECTS the best Uncle Toms and whatever equivalent term might be used to signify women who show deference to big business (Mammon) and the MIC (Mars) over human rights, ecological sanity, and labor protections.

Earlier today I watched one of my favorite monthly compilations. The footage comes from all over the world and depicts the types of floods and very strange and dangerous weather events that are wreaking havoc.

I believe that the dissolution of the natural world (which will be impacting available harvests and food supplies) is a metaphor of just how corrupt the political world is. Both are coming apart at the seams.

(Here is the clip):

When corruption is this thick and when there's this much disrespect for Nature (the Mother Principle) and so much invested in endless war and destruction, then "The Center Cannot Hold."

Watch for falling debris.


#12

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#13

I wonder if the FBI announcement motivated Bernie's pre-convention rally request? This blatant corruption needs to be called out loud and strong before the convention. Not that it will stop the rigged system for operating the way it does. But Bernie has something up his sleeve...

The depression is real. I had a very hard time sleeping last night. My dismay over what our government has become is profound.


#14

Millions of other people SEE the corruption and false tactics used to generate an outcome that does not pass the SMELL test.

Things really are coming apart.

The global financial system is a house of cards and lots of nations are already feeling the first signs of massive implosion.

Weather and climate systems are seriously out of balance. Man-made computer models tend to be linear in the ways they process data. In other words, they are unable to process the overlapping tipping points that are speeding up the dissolution of the weather systems human being depend upon for all agricultural sources of food.

All over the world people are fighting the New Conquistadors: corporations that come to their lands to claim the copper, gold, oil, gas, and lumber. Or they come to plant BAD crops. Or they come to push the Indigenous out of their ancient sacred lands. Or they leave behind oil spills and toxic waste dumps.

All over the world the elites are tightening the chains. It's most apparent in Greece, Spain, and Puerto Rico but this is just the beginning stage. If the bastards manage to finagle TPP and TIPP into place, they will have their own version of a legal framework from which to essentially sign the rest of us into servitude.

There are unseen universal forces that work against the tightening of this grip. Spiritual masters all agree that FREE WILL is gifted to all souls by Creator. Therefore, when elites work hand in glove to seize this "item," they violate Universal Justice and karmic blow-back results.

There have been many upheavals and revolutions and too many wars.

A different tipping point is underway. It requires the collapse of all systems to bring about the Next Paradigm. That's why those who insist on fighting show themselves to be STUCK in the old paradigm.

The next Phase for humanity requires transcending the consciousness and behavior that led to this one.

It's useful to consider the spiritual conclusion that perhaps half the world's people understand: that the SOUL is inviolate. The life of the physical body is mortal and the mortal lifespan of many is being sped up by the increasing dangers of this era.

The soul continues its experience... whether in this world or others.


#16

In many nations citizens get to vote for ONE candidate.

Voting is an ornament. It is not the same thing as power, consent, or agency.

But I realize that at least 25% of posters who comment regularly MUST fall back on this false narrative.

How else to grant Power its excesses... and impunity?


#17

What I don't understand is why the State Department is so lax with the rules regarding Classified material. I do not think that the top Exec should be held responsible for the lack of standards or enforcement therein. It seems that other governmental agencies and departments adhere to the correct approach - why is the State Department, of all places, allowed to roam free in this regard? There should be a strict and clear Information Technology policy that applies to ALL groups, instead of this seeming hodge-podge of policies and procedures applied to the State Department, and perhaps others. Ms. Clinton and her staff should not have had the freedom to decide how they would communicate....this all seems so ridiculous and dangerously disorganized....you can bet that other countries don't allow this sort of top-down and ignorant way of conducting their business.


#19

What I don't understand is why the fact that she hurried to destroy thousands of emails and then we hear them say that they could find no evidence of intent or direct criminality etc.

Why is the fact that she hurried to destroy evidence which shows that she was aware of her liability (also that some of what was being destroyed was state department info and not personal(.

Why is destroying evidence not cause for a reasonable assumption of intent and awareness of wrong doing? She destroyed evidence and they say that they could not find evidence...America gets sleazed by all of this.


#20

Its called chain of command.

The FBI reports to the AG who reports to the POTUS.


#23

Shillary, Killary should never, ever be elected (or appointed) to any position - even if she does have a vagina. Fear of Trump is no reason to vote for a psychopath ("we came, we saw, he died. Ha ha ha" - Libya, Iraq, Kosovo, Honduras, Gaza, Afghanistan, and more to come if we fear drives our vote). Acting out of fear debases morality and our integrity. Jill Stein or Nobody. And then, to the streets. The better world, a new world, a surviving world won't come from cowardly capitulation to the lesser of two evils. Never. And womynist solidarity crashes when it aligns with someone so cozy with the patriarchal powers in DC, Wall Street, Langley, the Pentagon.


#24

Rule of law: The guarantee of consequences for people acting against the interests of rulers. Not applicable to rulers themselves unless there is a conflict between rulers, in which case it may be applied to the less powerful one.


#25

Considering the number of Primary Elections that Hillary stole (according to investigative reporter Greg Palast), and the FBI never charged anyone with Election Fraud (a felony), maybe we need a Peoples' Congress to be convened that will declare the Democratic Party to be a subversive organization, with the FBI as its accessory-after-the-fact. Surely, in this modern era of Equal Protection for All, Hillary and James Covey should have the same right to cohabit a prison cell as a black man caught with a joint.


#26

FBI Director Comey said that one of the reasons that he and the FBI decided not to recommend to the DOJ that Hillary Clinton be indicted and prosecuted was that he and the FBI did not see any evidence that Clinton had attempted to "obstruct justice."

But what about Hillary Clinton destroying possibly incriminating evidence when she deleted 30,000 of her emails from her at home server -- and the FBI knowing about it?

http://www.cbsnews.com/news/report-fbi-pulls-deleted-emails-from-hillary-clintons-server/

Isn't destruction of 30,000 pieces of evidence by Hillary Clinton a sign of her attempting to obstruct justice?

And didn't Hillary Clinton destroy these 30,000 emails AFTER she knew that she and her emails were going to be investigated by the FBI and by the Inspector General of the State Department?

Also, Hillary refused to talk with the Inspector General for his investigation by the State Department.

Why was Hillary's talking to the IG optional and not mandatory? Why didn't the IG subpoena her and force her to testify under oath?

At the time of her alleged crimes as Secretary of State, Hillary Clinton was a public official (a public "servant" paid by the U.S. people) -- so doesn't she have a legal obligation and a moral duty to cooperate with an official investigation of her by the IG, done for the sake of the public's interest and for the nation that she swore an oath to protect?

Also, isn't her refusal to talk to the IG a sign of guilt or a sign of her attempt to "obstruct justice" by concealing information and by refusing to answer questions that are necessary for an official investigation to be completed properly?

In considering this "obstruction of justice" issue -- as in so many other aspects he mentioned -- FBI Director Comey's "reasoning" to not indict and prosecute Hillary Clinton does not appear to be logical or acceptable.

And finally, both the IG and the FBI reportedly found that Hillary Clinton repeatedly lied to the government and to the US. people about her mishandling of her emails and her mishandling of sensitive national security information.

Isn't lying during an investigation of such serious matters called "perjury" and isn't perjury grounds for indictment and prosecution?

This whole Hillary Clinton & FBI "affair" looks like a cover-up and a failure to respect and enforce the laws of the U.S.


#27

She learned from Nixon... the importance of at least trying to burn the tapes.