Former Attorney General: Clinton may have “disqualified herself for elected office”

posted at 9:21 am on August 24, 2015 by Jazz Shaw

Michael Mukasey, who was the Unites States Attorney General from 2007 to 2009, showed up on Morning Joe today to discuss the Hillary Clinton private server debacle and how it was going to play out. This wasn’t his first cable news hit on the subject and he’d been making the rounds, pointing out that this investigation “is not a witch hunt,” as he said on interviews over the weekend. Most of the information being discussed was nothing new. The panel talked about how Hillary’s decisions to not only have a private server, but to fail to properly classify the contents was a violation of department policy, if not the law. But then, in response to one question from Scarborough, Mukasey went a step further and said that Clinton may have disqualified herself from elected office if the allegations prove to be true.

Now, that’s a phrase we’ve heard before, but generally in a philosophical sense. “If you do this or that bad thing, you’ve essentially disqualified yourself as being the leader of the free world.” But when the former AG was pressed on the question, he informed the panel that he was speaking specifically of federal statute.

Joking that it was a common subject around his family’s breakfast table, he said, “Title 18. Section 2071.”

Let’s take a look at what he’s talking about. The statute starts out like this in paragraph (a):

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

That’s along the same lines as things we’ve been discussing all along. But the big news is in paragraph (b). (Emphasis added)

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

Wouldn’t wiping classified records (assuming that’s proven by the FBI) from your private server, or directing others to do that to the server while it’s sitting in a bathroom in Colorado, qualify as removing, obliterating or destroying said records?

This may shed some new light on why Hillary Clinton has been so unwilling to answer some very basic questions when facing the press. She has finally been asked directly (by Ed Henry) if she either wiped the server or directed that it be wiped. She tried to write that one off with a joke, saying, “What? You mean with a cloth?” But her legal team has surely been looking this situation over very closely and are doubtless aware of Title 18, Section 2071, paragraph (b). If the answer to that question is actually “yes” and she admits it in public, she could well be literally ending her presidential bid, not to mention opening herself up to the possibility of a fine or jail time. (Or both.)

Is this what will finally bring Clinton down? Don’t bet the ranch on it. It would require the will on the part of those not only investigating, but prosecuting the case to see it through to the end. And there will be people in the State Department as well as the media fighting tooth and claw the entire way to keep claiming that this is all some grand machination of the Vast Right Wing Conspiracy to derail the hopes of an historic presidential candidate. But at some point the evidence has to build up to the point where the public can’t simply ignore it. So what’s next?

Joe Biden… call your office.

UPDATE: (Jazz) MSNBC has posted the video.


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Comments

Wouldn’t wiping classified records (assuming that’s proven by the FBI) from your private server, or directing others to do that to the server while it’s sitting in a bathroom in Colorado, qualify as removing, obliterating or destroying said records?

 
No, because she clearly didn’t destroy any LPs or 45s, silly.

rogerb on August 24, 2015 at 9:27 AM

Well it would if the law were equally applied to the Clintons, but we all know they’re a special case.

LtGenRob on August 24, 2015 at 9:27 AM

Former Attorney General: Clinton may have “disqualified herself for elected office”

…the MSM will determine that!
…nothing to see here!

JugEarsButtHurt on August 24, 2015 at 9:28 AM

The stage has been set for the arrest and removal of Hillary. And it’s in the Headlines (probably soon to be posted here) which is a 1-term Biden with a President-in-waiting Veep Warren

They will HAVE to throw Hillary in jail to stop her from derailing that. She can’t be President but she can throw a wrench in this plan.

ConstantineXI on August 24, 2015 at 9:30 AM

Yeah, nothing is going to happen to her

Anyone else would have been thrown in jail by now

cmsinaz on August 24, 2015 at 9:30 AM

Her goose is already cooked. Why? because the fifteen Sid Blumenthal emails were not among the ones she turned over to the state department. That means those 15 and probably many, many more were among the 31,000 “personal” emails she deleted.

supersport667 on August 24, 2015 at 9:32 AM

The guy must have been referencing the “Laws for Republicans” book.

The “Laws for Democrats” book says “Section FU America: Any Democrat politician can do anything they want, they are above any laws of the United States.”….

albill on August 24, 2015 at 9:32 AM

Should have used the orange jumpsuit photo, Jazz…

Aizen on August 24, 2015 at 9:33 AM

Jazz, you start every blog on Hillary speculating how bad things can get for her. You end each blog saying don’t bet on anything happening to her, despite her campaign cratering. Methinks you are a secret admirer of hers.

Cecil Corn on August 24, 2015 at 9:34 AM

I doubt very much office means elected position in this case. It means any appointed position most likely. The big clue here is ‘and shall forfeit his office’. No law can usurp congressional authority. Those who are elected are removed from office by their peers, or through impeachment. No law stipulating that an elected official shall be removed if they do such and such would ever withstand constitutional scrutiny.

NotCoach on August 24, 2015 at 9:35 AM

Let’s stop pretending this will go anywhere.
Not one single Obama administration official has ever been held to account and none of them had the rank of former Senator or First Lady.
The reason the FBI has her server is most likely to exonerate her and protect Obama officials and high ranking people at State.
Not that it matters anyway because Hillary is not really trying to be elected.
This is all another scam.

NeoKong on August 24, 2015 at 9:36 AM

@cmsinaz

Not true… (that anyone else would have been thrown in jail by now)

Billy Jeff would get away with this probably easier than Hillary — hell, she’s an amateur politician who keeps shooting herself in the foot. The Clenis wouldn’t have been so sloppy.

Aizen on August 24, 2015 at 9:38 AM

nonpartisannoforeskin : Mike Mukasey is sexist and wants to stop an historical event!

JugEarsButtHurt on August 24, 2015 at 9:39 AM

she already did that during watergate and nobody held her to the law.

dmacleo on August 24, 2015 at 9:43 AM

I’m stocking up on popcorn for the October 22 Benghazi hearing. Sure hope Boner lets Gowdy check his testicles out of the GOPe lockbox!

cornbred on August 24, 2015 at 9:43 AM

The vast …conspiracy is that of the MSM, feckless Congress and a corrupt Bureaucracy, a cabal that will assure Killary’s slithering into the Whitehouse.

vnvet on August 24, 2015 at 9:45 AM

iirc this law also doesn’t apply to elected officials.
those special snowflakes get a pass, BY LAW, on the very laws they hold us to.
IOW they are exempt.

dmacleo on August 24, 2015 at 9:45 AM

Nothing will happen. The way that America is at the moment Adolf Hitler if he was the democrat nominee the MSM would whitewash his WW2 record and fawn after him.

Crux Australis on August 24, 2015 at 9:45 AM

so who is the dark horse?
If the right has taken its eyes off everyone but Clinton, who are we ignoring? Are dems going to field the avowed socialist? There’s a dark horse waiting in the shadows, the question is who?

mkbruin on August 24, 2015 at 9:46 AM

And if I’m the Secretary of State for, say…Indiana…I’m going to say that she’s not allowed on the ballot because of Title 18, Section 2071, paragraph (b).

Would Hillary take that to court? Definitely? Would she win? Probably, as the offense has not yet been proven in court.

However, how much time and money would she and the Democrats have to waste on that?

How many states would have to do it before the Democrats decide it’s not worth fighting this fight and pick another candidate?

Chris of Rights on August 24, 2015 at 9:48 AM

Weedisigood is right.

Meh.

Walter L. Newton on August 24, 2015 at 9:48 AM

Would Hillary take that to court? Definitely? Would she win? Probably, as the offense has not yet been proven in court.

Chris of Rights on August 24, 2015 at 9:48 AM

Irrelevant. This law, applied in a manner not intended because office most likely refers to appointed offices, would never survive constitutional scrutiny even if she were convicted.

NotCoach on August 24, 2015 at 9:53 AM

and shall forfeit his office and be disqualified from holding any office under the United States.

Just watch: They’ll argue this time that wominsezes is exempt because…“his”

Otherwise, war on wominsezes…

RL on August 24, 2015 at 10:03 AM

NOT TO WORRY. Pro-democrat hack press (the press) is propping her up. Blame the server! The server sprouted became self-aware.

AprilApple on August 24, 2015 at 10:03 AM

With football starting, I am sure the public will not notice and/or care about this.

Call me skeptical, but I don’t see this stopping Hilary unless the main stream media truly does not let this go. But they normally focus on trinkets or something the Republicans did wrong.

If Hilary refused to bake a wedding cake for a same sex marriage, THAT would disqualify her.

MikeM on August 24, 2015 at 10:04 AM

Weedisigood is right.

Meh.

Walter L. Newton on August 24, 2015 at 9:48 AM

Meh on the merits? Or on the likelihood of anything actually happening here?

Throat Wobbler Mangrove on August 24, 2015 at 10:06 AM

Let’s see, three years per count, 30k emails…

Akzed on August 24, 2015 at 10:08 AM

One question is would Obama allow things to get this far? And honestly? I can’t see him not. Yes he wants to protect Democrat interests. But these Hillary Scandals are a gift from heaven to him.

The tail end of a President’s second term is normally horrifically scandal challenged. So much so that they always taint the office holder. But here, he’s got Hillary absorbing all the scandals. Nobody is paying a lick of attention to anything that could and should rock his administration. So long as Hillary is in the hot seat few are asking about the IRS, the EPA, the Iran deal etc. he’s sailing through smooth untroubled waters. No way he wants this to stop.

Plus Obama legitimately hates the Clinton’s. As much as he would love to take them down party interests would never let him do it in a way that leaves his fingerprints on it. But here they are “digging their own hole”. Obama has no part in this matter. She clearly violated Obama’s well published rules. No one could fault him for not wasting his precious last bits of presidential political capital rescuing the Clinton’s from yet another one of these ever ongoing scandals.

Finally by sending in Joe Biden / Elizabeth Warren he looks like the white knight riding to rescue the Democratic Party from the shores of despair and certain defeat. Biden and Warren at this point are harder candidates for the GOP to beat then Clinton.

There is no upside to Obama in protecting Hillary. Party politics may compell him to pardon her on his way out the door, but that’s about it.

patches on August 24, 2015 at 10:09 AM

Chris of Rights on August 24, 2015 at 9:48 AM

Irrelevant. This law, applied in a manner not intended because office most likely refers to appointed offices, would never survive constitutional scrutiny even if she were convicted.
NotCoach on August 24, 2015 at 9:53 AM

Possibly valid, but what part of “Sec of State” is not an appointed office?

Just asking.

RL on August 24, 2015 at 10:11 AM

Finally by sending in Joe Biden / Elizabeth Warren he looks like the white knight riding to rescue the Democratic Party from the shores of despair and certain defeat.

patches on August 24, 2015 at 10:09 AM

Racist!!!

:)

GulfCoastBamaFan on August 24, 2015 at 10:15 AM

It’s. Her. Turn.

Galtian on August 24, 2015 at 10:19 AM

Jazz, you start every blog on Hillary speculating how bad things can get for her. You end each blog saying don’t bet on anything happening to her, despite her campaign cratering. Methinks you are a secret admirer of hers.

Cecil Corn on August 24, 2015 at 9:34 AM

Jazz graduated from the AllahPundit school of Eeyore. Any perceived good news published here must be met with a heavy dose of Eeyore bad news. It’s SOP.

Mark Boabaca on August 24, 2015 at 10:19 AM

Possibly valid, but what part of “Sec of State” is not an appointed office?

Just asking.

RL on August 24, 2015 at 10:11 AM

She isn’t running for SoS, and she no longer holds that position, so I have no idea how that is currently relevant. What is relevant here is the misreading of a federal statute assuming it applies to elected offices. It doesn’t, and she is running for an elected office.

The only things that disqualifies her from the presidency are age (she’s well over 35), citizenship (never heard a claim she isn’t natural born), and residency (she has lived within the United States for her entire life, so she meets the 14 year requirement). No statute can ever bar her from running or taking the office. And she can only be removed from it through impeachment if she were to win.

NotCoach on August 24, 2015 at 10:20 AM

The only way she goes down is if Obama wants her to go down.
Even if indicted, there will inevitably be years of legal wrangling to delay and obfuscate. She could at least serve one term.

tdarrington on August 24, 2015 at 10:23 AM

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

This should be cited by every GOP candidate at the beginning of each and every speech, town hall, debate.

Happy Nomad on August 24, 2015 at 10:24 AM

this investigation “is not a witch hunt,”

Of course it isn’t a witch hunt. We already know who (and where) the witch is!

PGI_FL on August 24, 2015 at 10:25 AM

I wouldn’t be surprised if some documents were squirreled away under some bush on Pedo Island

malkinmania on August 24, 2015 at 10:29 AM

The Hildebeest will be out of the race before she ever has to actually debate someone. I think even she knows what a disaster that would be.
Probably after Gowdy gets through with her in October but before the first primary she’ll drop out.

Saverio on August 24, 2015 at 10:29 AM

I’m not sure the statute applies to electronic copies. The statute makes sense as applied to original hardcopies. If someone is emailed a classified .PDF, the deletion of the document itself doesn’t matter. The real issue is the classification markings (or lack) and the network it was transmitted on.

tdarrington on August 24, 2015 at 10:30 AM

Cost to modify orange pants suit into prison garb ………..

Priceless.

fogw on August 24, 2015 at 10:30 AM

This mornings phone call:

BJ: Uhhh…Sandy Burglar?..Hi this is BJ..umm I need you to come out of that hiding hole I put you in a few years back. Yah…that’s right..I need you to shuffle some more documents..wear those baggy khaki’s again..and for heavens sake DONT get caught this time.

malkinmania on August 24, 2015 at 10:31 AM

The only things that disqualifies her from the presidency are age (she’s well over 35), citizenship (never heard a claim she isn’t natural born), and residency (she has lived within the United States for her entire life, so she meets the 14 year requirement). No statute can ever bar her from running or taking the office. And she can only be removed from it through impeachment if she were to win.
NotCoach on August 24, 2015 at 10:20 AM

Thanks for the clarification. I was trying to recall the below [state] variation on the idea of a felon not being able to vote, but still being “eligible” for office. This is the exact opposite. Another general government disconnect, it seems….

“The qualifications for state-level office are determined by state law. In Texas, for example, barring a pardon or other, formal “judicial release” from felon status, an individual convicted of a felony cannot run for public office, even though he or she may be able to vote.”

http://www.factcheck.org/2008/11/felons-in-office/

RL on August 24, 2015 at 10:32 AM

tdarrington on August 24, 2015 at 10:30 AM

Cost to modify orange pants suit into prison garb ………..

Priceless.

fogw on August 24, 2015 at 10:30 AM

Save taxpayer money..just paint black stripes on the orange pantsuit

malkinmania on August 24, 2015 at 10:33 AM

And if I’m the Secretary of State for, say…Indiana…I’m going to say that she’s not allowed on the ballot because of Title 18, Section 2071, paragraph (b).

Would Hillary take that to court? Definitely? Would she win? Probably, as the offense has not yet been proven in court.

However, how much time and money would she and the Democrats have to waste on that?

How many states would have to do it before the Democrats decide it’s not worth fighting this fight and pick another candidate?

Chris of Rights on August 24, 2015 at 9:48 AM

I like this approach. Use up Democrat time and money across all the red states…

dominigan on August 24, 2015 at 10:37 AM

I’m afraid NotCoach is correct. There is Supreme Court precedent that the qualifications requirements in the Constitution are exclusive and can’t be added to (unless the Constitution were amended): Powell v. McCormack (1969) and U.S. Term Limits v. Thornton (1995). Hence, I doubt that the courts would find that Section 2071(b) could be applied to keep Hillary out of the Presidency.

(If she were convicted under that section, though, presumably she could be prevented from holding any Cabinet office or other position not specifically established by the Constitution.)

J.S.K. on August 24, 2015 at 10:38 AM

She isn’t running for SoS, and she no longer holds that position, so I have no idea how that is currently relevant. What is relevant here is the misreading of a federal statute assuming it applies to elected offices. It doesn’t, and she is running for an elected office.

The only things that disqualifies her from the presidency are age (she’s well over 35), citizenship (never heard a claim she isn’t natural born), and residency (she has lived within the United States for her entire life, so she meets the 14 year requirement). No statute can ever bar her from running or taking the office. And she can only be removed from it through impeachment if she were to win.

NotCoach on August 24, 2015 at 10:20 AM

[sigh] Sadly, true. However, it would also prevent her from appointing anyone from her inner email-circle to office. So presenting the idea during the election would stir up turmoil in her office staff. I do support subpoenas during the election to pull her away from campaigning.

dominigan on August 24, 2015 at 10:40 AM

Look what Oliver the Stupid Knox calls Bernie

Bernie Sanders, the Independent senator from Vermont, has a special “War and Peace” section on his official website, detailing his views on issues like Iraq, Afghanistan and the Middle East peace process. Bernie Sanders, the contender for the Democratic presidential nomination … doesn’t.

Schadenfreude on August 24, 2015 at 10:41 AM

Good link

Schadenfreude on August 24, 2015 at 10:43 AM

I find it amazing that day after day, week after week, month after
month, we hear that a Dem violated the Laws of this Land…

But NOTHING ever comes of it….it’s like the Media on a
Terrorist attack. They report it as if they have NO CLUE if
it in fact, was a terrorist attack.

Until the day arrives that people are actually CHARGED with
a crime, nothing will ever come of it…The Clintons could
care less about Laws…they know the game…

The Republican Party has no interest in the Rule of Law either
apparently, otherwise Sandy Burger, and others would have
been charged…but Bush gave him a slap on the wrist, and said
that’s alright Sandy, we know you didn’t really MEAN to break
the Law……
Killary will rely on Republicans not making a stink about
her Law breaking….with is why people like Trump
need to be making a Giant Stink about it every day.
And Cruz…and Rubio…and Christie….and…

ToddPA on August 24, 2015 at 10:44 AM

Why does everyone go along with this ‘historic candidacy’ twaddle. The Hag is not the first woman to run for president.

sleepyhead on August 24, 2015 at 10:49 AM

There is no upside to Obama in protecting Hillary. Party politics may compell him to pardon her on his way out the door, but that’s about it.

patches on August 24, 2015 at 10:09 AM

Why would Obama risk his legacy (such as it is) to try to protect someone that he (by all accounts) despises?

As it stands, this is Hillary’s scandal. If Obama interferes with the investigation, then it becomes HIS scandal. I doubt that he wants any part of that.

SubmarineDoc on August 24, 2015 at 10:52 AM

When you steal, obliterate, destroy or conceal for the Clinton Crime Family, it’s not really stealing, obliterating, destroying or concealing. It’s just a poorly thought out decision or sloppy, like Sandy Burgler. I wonder how come dear leader didn’t know Killary had her own server. Was she that good at concealing it for four years? I can hear dear leader now, ‘that woman is so stupid’, give her one damn job and she screws it up again’.

Kissmygrits on August 24, 2015 at 11:08 AM

NotCoach, this may not disqualify her from holding a federal elected office, but it could be enough to keep her off state ballots. And the states set their own rules for who appears on a ballot.

Would it work? Probably not. But it would force her and the Democrat party to spend a lot of time and effort–not to mention money–to get over that hurdle.

What if California, Florida, New York or Oregon had laws on the books stating that anyone guilty of a felony were prohibited from appearing on their states’ ballots?

GulfCoastBamaFan on August 24, 2015 at 11:21 AM

Jazz: Joe Biden… call your office.
Biden: I have an… office?

Claygate Pearmain on August 24, 2015 at 11:21 AM

NO one seriously believes spineless America will do anything to hold this vile witch accountable for her life of crime any more than Monica’s suckkee for his, though God is a God of miracles, which it will take for such to happen.

russedav on August 24, 2015 at 11:26 AM

Haven’t the Clinton’s exhausted that pile of ‘Just This Once’ cards?

TimBuk3 on August 24, 2015 at 11:28 AM

Clenis is just hoping that Cankles’ prison doesn’t allow conjugal visits.

Pain Train on August 24, 2015 at 11:32 AM

You got me there aizen

cmsinaz on August 24, 2015 at 11:32 AM

The Constitution needs amending:

1. No homosexual marriages
2. Repeal the 14th amendment.
3. Add an amendment that states that citizenship is granted to those born within our borders only to those with at least one parent who is a US citizen. All others may apply for citizenship after their 25th birthday provided that have not been convicted of a crime either in their home country or here in the US.
4. No current or former spouse of a President may hold any office within the executive or judicial branch of the Federal government.

Constitutional Convention!!!!

Bubba Redneck on August 24, 2015 at 11:34 AM

Wouldn’t wiping classified records (assuming that’s proven by the FBI) from your private server, or directing others to do that to the server while it’s sitting in a bathroom in Colorado, qualify as removing, obliterating or destroying said records?

No, because she clearly didn’t destroy any LPs or 45s, silly.

rogerb on August 24, 2015 at 9:27 AM

The key federal record she will have destroyed is that of being the first female president.

Barnestormer on August 24, 2015 at 11:35 AM

and shall forfeit his office and be disqualified from holding any office under the United States.

Just watch: They’ll argue this time that wominsezes is exempt because…“his”

RL on August 24, 2015 at 10:03 AM

It all depends on what the meaning of “his” is.

Pain Train on August 24, 2015 at 11:35 AM

Now what’d I say?

jake49 on August 24, 2015 at 11:54 AM

That she’s still walking free is an outrage.
That she has a chance of becoming president is a disgrace.

Iblis on August 24, 2015 at 11:56 AM

Welcome back Bmore

Schadenfreude on August 24, 2015 at 11:56 AM

Laws for thee…

… But not for She!

Seven Percent Solution on August 24, 2015 at 12:00 PM

As a USN sailor you can’t affirm to anyone that the nuclear missile sub you’re stationed on can actually carry nuclear missiles, doing so can get your azz thrown in the nearest brig for a very long time.

Yet Killary can break how many confidentiality rules and hardly anyone does anything about it.

Note to liberals: If your saviors will excuse themselves from the law, where do you think they place YOU on the spectrum?

Bishop on August 24, 2015 at 12:06 PM

Jazz, you start every blog on Hillary speculating how bad things can get for her. You end each blog saying don’t bet on anything happening to her, despite her campaign cratering. Methinks you are a secret admirer of hers.
Cecil Corn on August 24, 2015 at 9:34 AM

He’s got that pic of her in college hanging over his bed.

Nutstuyu on August 24, 2015 at 12:06 PM

…The Skank was “disqualified” already because she has no accomplishments or qualifications for the job whatsoever…and because she’s an AWFUL candidate…this is just icing on the cankles…

Pelosi Schmelosi on August 24, 2015 at 12:09 PM

The Constitution needs amending:
1. No homosexual marriages
2. Repeal the 14th amendment.
3. Add an amendment that states that citizenship is granted to those born within our borders only to those with at least one parent who is a US citizen. All others may apply for citizenship after their 25th birthday provided that have not been convicted of a crime either in their home country or here in the US.
4. No current or former spouse of a President may hold any office within the executive or judicial branch of the Federal government.
Constitutional Convention!!!!
Bubba Redneck on August 24, 2015 at 11:34 AM

5. Every judge must retire at age 75
6. No SC justice may be appointed who has not served at least 5 yrs on a state or federal appellate bench
7. No SC justice may serve more than 25 yrs
8. No senator may serve more than two terms
9. No representative may serve more than four terms
10. Raise voting age to same as minimum Congress age (25)

Nutstuyu on August 24, 2015 at 12:12 PM

This gets better by the DAY

I hope she cries herself to sleep at night over this. I really do.

She sure didn’t cry over Ambassador Stevens. Or the other three Americans (and who knows how many nonAmericans) her incompetence/dereliction of duty killed.

Zoe on August 24, 2015 at 12:25 PM

If the answer to that question is actually “yes” and she admits it in public, she could well be literally ending her presidential bid, not to mention opening herself up to the possibility of a fine or jail time. (Or both.)

(Emphasis added). I just LOVE that last part.

bbordwell on August 24, 2015 at 12:26 PM

Hillary will be sworn in from prison. She will run the country from the Big House.

faraway on August 24, 2015 at 12:28 PM

NOPE

Star Bird on August 24, 2015 at 12:32 PM

8. No senator may serve more than two terms

Repeal the 17th amendment. Make Senators a representative of the states again and not a higher ranking representative of the people.

tdarrington on August 24, 2015 at 12:34 PM

H’s first act as president will be to pardon herself.

tdarrington on August 24, 2015 at 12:36 PM

If Biden enters the race, which is pretty much a given at this point, it means he has Obama’s blessing. Hillary is toast.

Cecil Corn on August 24, 2015 at 12:42 PM

Shrillary and her lawyers will argue that it doesn’t apply to her, as the statute uses all MALE pronouns, and trying to apply it to a (ostensible) FEmale is macroaggression and hence, a war on women.

Shepherd Lover on August 24, 2015 at 12:54 PM

In addition, isn’t there a law requiring all government agencies to backup their email servers? If there’s no backup, then that’s a violation of the law as well. Where’s the backup?

xdwall on August 24, 2015 at 12:57 PM

The trouble isn’t Hillary- she’s done. But she was waging a private war on that server at the behest of Powers and Obama. THAT is a problem for Obama.

So he’s going to try and thread the needle by getting her to retire (opening up his opportunity to run the DNC) but not allow too much information out to prove it was his fault.

If that happens though, he’ll fall back on the “you are just picking on the black guy!”

And it will work.

archer52 on August 24, 2015 at 12:58 PM

Look who is speaking? A Bush appointee…

weedisgood on August 24, 2015 at 1:11 PM

Look who is speaking? A Bush appointee…

weedisgood on August 24, 2015 at 1:11 PM

Lol….that’s not an argument, little boy.

CWforFreedom on August 24, 2015 at 2:02 PM

Look who is speaking? A Bush appointee…

weedisgood on August 24, 2015 at 1:11 PM

You just can’t help yourself can you? I guess it is difficult living in haze all the time.

Odd… one would think that you would like bushes, what with your predilection to weed.

Don’t forget to drink the bong juice. Waste not, want not.

Neitherleftorright on August 24, 2015 at 2:38 PM

Just remember, Sandy Berger was placed on 2 years probation, disbarred and lost his security clearance for life. That was for 2 documents that also have copies.

If Hillary is found to have violated stature, how can she function as Pres without clearance?

Yep, she may have very well of given up her right to hold the Office of the President.

zdpl0a on August 24, 2015 at 3:07 PM

Does anyone think that Jugears ValJar would allow the investigation to proceed that far if it tanks the Dems? My God, there’s that wonderful legacy to protect, after all.

hillbillyjim on August 24, 2015 at 3:34 PM

The qualifications for President of the United States are set by the Constitution. Congress cannot by statute disqualify someone who otherwise meets the qualifications as set by the Constitution. The statute is irrelevant in this instance.

woocane on August 24, 2015 at 3:55 PM

Look who is speaking? A Bush appointee…

weedisgood on August 24, 2015 at 1:11 PM

Damnit, it’s about time you brought up Bush.

REMEMBER THAT EVERY ARGUMENT FROM NOW ON, YOU MUST PUT BUSH AND HILLARY IN THE SAME BREATH.

itsspideyman on August 24, 2015 at 4:16 PM

You guys getting all jacked up, and nothing is going to happen. The government and the ruling class are exempt from laws now. Their for us little people. Any thing happen to the EPA yet, the IRS, any bankers wearing orange jump suits yet?

DFCtomm on August 24, 2015 at 5:40 PM

There is only one move the Clinton’s have left. They must seek political-asylum in Switzerland. A close personal friend, Marc Rich, was able to find freedom by doing this. With the majority of their wealth hidden in private accounts, they could work out a method to bribe a future American President, and get a full blanket-pardon for Hillary.

Bugdust172 on August 24, 2015 at 9:11 PM

“shall forfeit his office and be disqualified from holding any office under the United States”

I’m sure Hillary would argue as “The First Woman President” … that depends on what the word “his” is

Jimbobby on August 24, 2015 at 10:38 PM

Roger Ailes must be furious that none of his harem of bimbo attorneys was smart enough to open a law book and read the law before reporting on Hillary’s email legal problems.

meci on August 25, 2015 at 8:03 AM

Look who is speaking? A Bush appointee…

weedisgood on August 24, 2015 at 1:11 PM

You are such a policy wonk. She can use that to exonerate herself, good work!

Given how things are going, my big hope is that she stays in and wins the nomination. I can wait for what’s still waiting to come out.

KrackaDoom….

Meremortal on August 25, 2015 at 11:57 AM

The qualifications for President of the United States are set by the Constitution. Congress cannot by statute disqualify someone who otherwise meets the qualifications as set by the Constitution. The statute is irrelevant in this instance.

woocane on August 24, 2015 at 3:55 PM

At the risk of pointing out the obvious, this “statute” was signed into law by a President of the United States.

Now, riddle me this: Why can’t the President also be a Congressperson or a Justice of the Supreme Court? What in the Constitution prevents this? Or is it merely custom?

I submit that a minimum set of qualifications are specified by the Constitution, and that others may be added as appropriate. Under the liberal interpretation of the Constitution, a person convicted of treason could still be elected to an office under the United States.

unclesmrgol on August 26, 2015 at 1:21 AM