Published on July 6, 2016
Jim Comey had the 2016 Election in his hands. He decided not to blow it up. Trump vs. Clinton can go forward. It was the right call.
If Comey had ended his Press Briefing yesterday by stating that he will recommend that the Justice Department seek a federal felony indictment for Hillary’s mishandling of classified documents, her candidacy would have been toast. Neither Attorney General Loretta Lynch nor the President could have saved her.
Nobody has ever run for President as the nominee of one of the two major parties while under federal indictment. If Hillary found herself in the position of trying to be the first, she would have failed miserably.
Prosecutors don’t prosecute every violation of the law. They are allowed to use discretion. On a case involving unauthorized removal and retention of classified documents, 18 USC 1924, a misdemeanor, they are allowed to consider whether there was an intention to harm the United States, whether there was the pursuit of personal gain, or whether there was an attempt to obstruct justice. Misleading, even lying to the public in the political arena, does not rise to the level of obstructing justice.
If she had lied to the FBI in her three and a half hour interview, the FBI clearly would have recommended prosecution. Apparently, Director Comey was of the opinion that she didn’t. Continue Reading…….