Wednesday, March 09, 2016

Why Hillary Clinton is unlikely to be indicted over her private email server

By Ruth Marcus Columnist March 8 at 7:28 PM, WashPost

For those of you salivating — or trembling — at the thought of Hillary Clinton being clapped in handcuffs as she prepares to deliver her acceptance speech at the Democratic convention this summer: deep, cleansing breath. Based on the available facts and the relevant precedents, criminal prosecution of Clinton for mishandling classified information in her emails is extraordinarily unlikely.

My exasperation with Clinton’s use of a private email server while secretary of state is long-standing and unabated. Lucky for her, political idiocy is not criminal.

“There are plenty of unattractive facts but not a lot of clear evidence of criminality, and we tend to forget the distinction,” American University law professor Stephen Vladeck, an expert on prosecutions involving classified information, told me. “This is really just a political firestorm, not a criminal case.”

Could a clever law student fit the fact pattern into a criminal violation? Sure. Would a responsible federal prosecutor pursue it? Hardly — absent new evidence, based on my conversations with experts in such prosecutions.

There are two main statutory hooks. Title 18, Section 1924, a misdemeanor, makes it a crime for a government employee to “knowingly remove” classified information “without authority and with the intent to retain such documents or materials at an unauthorized location.”

(More here.)


Blogger Tom Koch said...

Just an observation - it is delightful to observe how queen Hillary's attempt at avoiding transparency is causing a surge in prayer. Leftist's pray that their leading Presidential candidate will not be charged and the vast right wing conspiracy prays that they get to enjoy watching queen Hillary doing a perp. walk. My personal belief is that the world could use more prayer. Who would have thought that it would come about as a result of the Clinton slime? The Lord works in mysterious ways.

6:46 PM  

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