What can the FBI do about Hillary Clinton without a grand jury?

posted at 12:31 pm on January 24, 2016 by Jazz Shaw

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.

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Comments

Jazz Shaw on January 24, 2016 at 2:16 PM

Jazz, friend, you remind us that all our lives are complex and difficult.

Thank you for being a friend to Tony. We have to remind ourselves that all our veterans deserve the best our nation has, because they gave their best for our nation.

Nothing angers me more than the VA situation and the treatment our best has received. As far as I’m concerned, fix this first BEFORE we ever talk single-payer or any other ilk.

itsspideyman on January 24, 2016 at 2:30 PM

There is no difference on either side, depending on who is holding the power in your given state.

This is just the top of the totem poll, doing what every other corrupt political establishment is doing in the a state, county or city you are in.

Is it worse in some states than others? Probably but at the end of the day, those that are trying to make an honest living and do the right thing are the ones that will always get screwed. While the Hills and the Bills knock back another crooked deal or worse, sell the country out to line their own pockets.

Someone else in another thread posted this and it is so fitting;

That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. — ~ Thomas Jefferson (Deceleration Of Independence)

Tilly on January 24, 2016 at 2:31 PM

Jazz Shaw on January 24, 2016 at 2:16 PM

You can ship Willie to me. I’ve got room.

But you’ve gotta pay the shipping. :-)

Solaratov on January 24, 2016 at 2:32 PM

Solaratov on January 24, 2016 at 2:32 PM

How touching..*rubs eyes* B9 trying not to cry.

bazil9 on January 24, 2016 at 2:33 PM

I want to add we are there, at that destructive end Mr. Jefferson so eloquently referenced.

Tilly on January 24, 2016 at 2:34 PM

Remember, we are talking about jailing a senior democrat while the most corrupt Regime since Nixon is in office. Not a chance when the Chiquita Justice Dept is necessary. That is the joy (for Clinton) and the sorrow (for America) of living under a banana republic rule of law where who you are matters more than the crime committed.

JIMV on January 24, 2016 at 2:35 PM

Jazz, I mean this in the original sense:
Bless your heart.

Lord Whorfin on January 24, 2016 at 2:35 PM

What time do the Dems believe to be the most advantageous to “Draft” Creepy Joe Biden? Is it June? August? That’s when this will come to a head. If you believe they can’t avoid Hillary getting charged, they can certainly control the time table.

trubble on January 24, 2016 at 12:45 PM

Too late to get anyone else on the ballot, even ignoring the laws about such things, but it is just right to throw in a ringer at the convention. Then they are on the ballot, do not have to pay for advertising until the convention and get a LOT of loot from the feds for the campaign and get a vast amount of water carrying by the lefts media…win, win, win. Te down side is in the dems only having a tiny number of national candidates anyone has heard of and those are older than dirt.

JIMV on January 24, 2016 at 2:40 PM

Ms Obama may run, the commies are that low.

APACHEWHOKNOWS on January 24, 2016 at 2:45 PM

Bless your heart.

Thanks guys. Eh, you do what ya gotta do. We all get by somehow.

Jazz Shaw on January 24, 2016 at 2:47 PM

Ms Obama may run, the commies are that low.

APACHEWHOKNOWS on January 24, 2016 at 2:45 PM

Isn’t it to late for that? And praise God.

bazil9 on January 24, 2016 at 2:47 PM

I generally respect, greatly, Andrew McCarthy. But he also was very effusive in his praise of the Chicago US Attorney appointed to be special prosecutor in the Valerie Plame non-leak episode (Fitzpatrick? ). And we all know how that turned out.

dhawbake on January 24, 2016 at 2:50 PM

Nope, not photoshopped.

justltl on January 24, 2016 at 2:52 PM

This is off topic But I think that the dims will pull out all the tricks this cycle. I think that RBG will announce her retirement in early summer and Zero will announce her replacement. The dims will use this as an issue. If such a gambit fails and Trump wins, can RBG rescind her retirement?

rik on January 24, 2016 at 2:55 PM

Ms Obama may run, the commies are that low.

APACHEWHOKNOWS on January 24, 2016 at 2:45 PM

Agree 100%

rik on January 24, 2016 at 3:01 PM

Times like this I wish J.Edgar Hoover was running the FBI.
He may have been an oddball, and maybe even a little corrupt…. But he pursued major criminals with gusto, no matter what who was in the White House or who was Attorney General.

LegendHasIt on January 24, 2016 at 3:05 PM

If she slips through the fingers of justice, ordinary Americans will rebel against authority and become as lawless as she.

FlameWarrior on January 24, 2016 at 1:10 PM

I’m gonna copy a movie that has that FBI warning on it! Heck yeah!!!

justltl on January 24, 2016 at 3:11 PM

BRB. Doorbell.

justltl on January 24, 2016 at 3:13 PM

We now know that Hillary used her own unclassified server and rejected the Classified Gov supplied Blackberry.

Will anyone EVER ask her what devices she DID use to send/receive Classified Data? Seems like an obvious question.

LouisianaLightning on January 24, 2016 at 1:14 PM

This question is number one on the “do not ask if you want to have access to Hillary” list, that I’m sure gets forwarded to any potential interviewer.

bigGwillie on January 24, 2016 at 3:38 PM

Nope, not photoshopped.

justltl on January 24, 2016 at 2:52 PM

She’ll probably turn herself in. Better than the humiliation of being picked up.

arhooley on January 24, 2016 at 3:41 PM

Will anyone EVER ask her what devices she DID use to send/receive Classified Data? Seems like an obvious question.

LouisianaLightning on January 24, 2016 at 1:14 PM

She has claimed that she did it all in live conversation. Something along the lines of “I don’t email everything, you know. I can talk to the president and foreign leaders whenever I want.”

arhooley on January 24, 2016 at 3:43 PM

In England a “Peer”, or aristocrat, had to be tried for murder by other Peers, and if found guilty, hung with a silk rope.
But they WOULD hang him.
They understood that if you allow the idea to grow that Justice is just a Carney show to keep the peasants in line, then the peasants would get out of line.
In a big way.
Then, the whole show comes crashing down.

thelastminstrel on January 24, 2016 at 3:50 PM

Unfortunately for her, most classified information is not passed from three president nor foreign leaders.

Techster64 on January 24, 2016 at 4:00 PM

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.

Obama is appears to be bifurcating the normal process of an FBI investigation, for the reasons stated above. FBI investigations very often do not include the DOJ at the beginning; in many cases the FBI agents build the case initially and only go to the US Attorney in the appropriate jurisdiction when they have significant evidence of crime, evidence sufficient to justify grand jury involvement. The US Attorney can then take the case to the grand jury, although the FBI may be instructed to conduct further investigation first. But it is very apparent this FBI investigation has gone far beyond the point it would normally have gone to the US Attorney.

There is another possible explanation, though. McCarthy doesn’t say anything about how he determined it is Obama who has prevented DOJ and grand jury participation in the investigation. If he is making a deduction from the circumstances he may have missed this possibility.

Comey is highly respected and competent. He certainly understands there will be Obama administration resistance to prosecuting Hillary Clinton. It would make sense to do everything conceivable to build the case before taking it to the DOJ. (Normal procedure would be to take it to the US Attorney for DC; the current US Attorney in DC is Channing Phillips. As you would expect, the man is a stone Obama tool.) In this situation it seems certain the FBI already has overwhelming evidence of criminal wrongdoing by Clinton and others in her circle. But Comey would be wise to do everything he can and leave no room for Channing and Lynch to stall by ordering further investigation or to refuse to take the case to the grand jury.

At that point Channing and Lynch have but two options. They can stall or simply refuse to take the case to the grand jury, risking the possibility of a revolt by career attorneys in the DOJ leading to mass resignations or the possibility that Comey himself will resign. Either would be devastating politically. Obama and Lynch could conceivably lose control of the DOJ much as Nixon did in the Watergate scandal. Or Channing and Lynch could take the investigation to the grand jury and try to sandbag it there. It’s an old cliché that the prosecutor can get the grand jury to indict a ham sandwich; the prosecutor can also torpedo the investigation there and provide cover and protection for the targets if it serves their agenda. When the grand jury returns a no bill they can claim they did their duty and the evidence was insufficient.

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?

True. Obama and his tools have proven they have few concerns about blatantly and publicly making decisions on politically charged cases on transparently political grounds without regard to the weight of the evidence. But this case is different. It involves the front-running candidate for president from the president’s own party, a character who is roundly despised by a significant portion of the citizenry. If Obama and his tools try to derail the case against her to the point it leads to revolt and resignations in the DOJ and the FBI, much like Nixon they may not be able to manage the public outrage politically. Even if they stonewall the investigation, Clinton’s candidacy would likely be mortally wounded.

novaculus on January 24, 2016 at 4:00 PM

The McCarthy article is whistling past the graveyard with its optimism that justice will be done. History shows that Democratic appointees in DOJ administrations are willing to ignore the obvious legal processes necessary for the rule of law in the interest of protecting Dems and their lawless regimes.

Similar coverups happened in the 1990s when the ambitious young Deputy US Attorney Eric Holder, ignored a referral from a Federal judge of a perjury charge in his court against Hillary’s main operative for Hillarycare, Ira Magaziner. Holder was the operative who also approved a pardon for Marc Rich, a Dem donor to Bill Clinton. Rich escaped prosecution for tax evasion, trading illegally with Iran, and racketerring. Holder was never held to account and became an Obama’s Attorney General who was willing to overlook the lawlessness of the Obama regime over DOJ approved arms sales to Mexican druglords.

Holder virtually sneered at a Congress oversight committee on the Fast & Furious matter and eventually was charged with contempt of Congress.

The lesson for all Dem appointees is that if you don’t snitch, you can actually ignore the rule of law as it pertains to a Democratic President—and your career will be rewarded with higher honors and money via Dem corporate connections and the support of the Dem media.

So don’t hold your breath that Hillary will be called to account, no matter how honorable FBI Director Comey is. The Dems don’t care how it looks as long as they protect their own.

wildbill2u on January 24, 2016 at 4:17 PM

Obama will wait until the FBI forces his hand and then he will appoint a special prosecutor. That will get it past the election.

rik on January 24, 2016 at 4:22 PM

One thing that does give me hope is that the Teflon Don died in prison.

Tinker on January 24, 2016 at 4:46 PM

Dusty on January 24, 2016 at 1:38 PM


Your thought occurred to me also.
In addition, would enough people resign to make this an issue? Would the media report any resignations or sadly, will anyone even care?

diogenes on January 24, 2016 at 4:53 PM

At a certain point, you start wondering why we ought to obey the law when to all appearances no one else is…

Sackett on January 24, 2016 at 5:14 PM

At a certain point, you start wondering why we ought to obey the law when to all appearances no one else is…

Sackett on January 24, 2016 at 5:14 PM

Bless your heart, but remember this is only true if you’re a six figure+ donor to the Dems

They have shown a nasty vindictiveness coming after everyone else– e.g. Petreus, Dinesh D’Souza, Nakoula Nakoula (the guy who made the “Innocence of Muslims” film that got scapegoated for Benghazi), etc etc etc

thurman on January 24, 2016 at 6:07 PM

That the intel gleaned may – or may not – have been known is not actually what matters.

Solaratov on January 24, 2016 at 1:48 PM

Thank you for admitting you don’t care if it is, at best, a technicality you just want to see her prosecuted.

Tlaloc on January 24, 2016 at 6:07 PM

Meanwhile Hillary picked up the endorsement of the Des Moines Register who had this to say of the email scandal:

She is not a perfect candidate, as evidenced the way she has handled the furor over her private email server. In our endorsement of her 2008 campaign for president, we wrote that “when she makes a mistake, she should just say so.” That appears to be a lesson she has yet to fully embrace.

http://www.desmoinesregister.com/story/opinion/editorials/endorsement/2016/01/23/des-moines-register-caucus-endorsement-hillary-clinton/79240238/

Looking at the language they use (and of course their choice to endorse her) makes it clear that they don’t take the ‘scandal’ very seriously either.

(Rubio also got endorsed as these are nomination endorsements and not general election endorsements)

Tlaloc on January 24, 2016 at 6:13 PM

Wrong, Idiot. Hillary is guilty of crimes. No technicalities are involved.

It’s hilarious that you’re claiming that all the classified information was in the public domain. That’s pure nonsense.

You’re getting more and more desperate.

blink on January 24, 2016 at 6:13 PM

Not *me* claiming that:
http://www.nbcnews.com/news/us-news/officials-new-top-secret-clinton-emails-innocuous-n500586

Oh well, I’m sure you guys can make up another bombshell and get another week of hype before it gets disproven too…

Tlaloc on January 24, 2016 at 6:15 PM

Hillary’s team copied intel off top-secret server to email

The FBI is investigating whether members of Hillary Clinton’s inner circle “cut and pasted” material from the government’s classified network so that it could be sent to her private e-mail address, former State Department security officials say.

Clinton and her top aides had access to a Pentagon-run classified network that goes up to the Secret level, as well as a separate system used for Top Secret communications.

The two systems — the Secret Internet Protocol Router Network (SIPRNet) and Joint Worldwide Intelligence Communications System (JWICS) — are not connected to the unclassified system, known as the Non-Classified Internet Protocol Router Network (NIPRNet). You cannot e-mail from one system to the other, though you can use NIPRNet to send ­e-mails outside the government.

Somehow, highly classified information from SIPRNet, as well as even the super-secure JWICS, jumped from those closed systems to the open system and turned up in at least 1,340 of Clinton’s home e-mails — including several the CIA earlier this month flagged as containing ultra-secret Sensitive Compartmented Information and Special Access Programs, a subset of SCI.

Of course, this was already obvious to anyone with a properly-functioning brain. :)

Anti-ControI on January 24, 2016 at 6:16 PM

Hillary’s team copied intel off top-secret server to email

The FBI is investigating whether members of Hillary Clinton’s inner circle “cut and pasted” material from the government’s classified network so that it could be sent to her private e-mail address, former State Department security officials say.

A great example of the headline not matching the story.

Tlaloc on January 24, 2016 at 6:28 PM

Anyone who believes those classified emails got onto her server without the assistance of her aides as they followed her orders is a moron; Brainloc says he doesn’t accept that this is the case; Brainloc proves he’s a moron, once again! LOL :D

Anti-ControI on January 24, 2016 at 6:35 PM

Nothing is gonna happen to hillary, dems/libs won’t allow it. They own the media/white house/doj so comey won’t do anything. And maybe thats ok, if we get a republican in wh then he can fire lynch, appoint someone whose competent and THEN go after Hillary and her cronies…

soapyjeans on January 24, 2016 at 6:38 PM

Anyone who believes those classified emails got onto her server without the assistance of her aides as they followed her orders is a moron; Brainloc says he doesn’t accept that this is the case; Brainloc proves he’s a moron, once again! LOL :D

Anti-ControI on January 24, 2016 at 6:35 PM

You haven’t even proven there were classified emails.

Tlaloc on January 24, 2016 at 6:41 PM

blink on January 24, 2016 at 6:13 PM

Not *me* claiming that:
http://www.nbcnews.com/news/us-news/officials-new-top-secret-clinton-emails-innocuous-n500586

Kenny Bania on January 24, 2016 at 6:15 PM

Yeah, a 5 day old story from the Nobody But Clinton Propaganda Network proves that Hillario is as innocent as Richard Nixon was back in 1974!

/-

You assured us nearly a full year ago that this story would go away in a few weeks. Despite the lockstep Goebbelesque contortions of your Democrat Media to protect your totally unqualified “candidate” since then, this story has not gone away. Why is that? You seem to be the only one ignorant of the correct answer.

And your ignorance of that correct answer proves that you have absolutely no problem with Hillario breaking the law; after all a couple of weeks ago you said here that you had absolutely no problem with her Meal Ticket committing a felony crime in a Federal Court before a Federal Grand Jury by lying to that Grand Jury. This despite the fact that said Meal Ticket had already let his Department of Justice successfully prosecute a female Federal employee for lying under oath about sex to a Federal Grand Jury, just like he did later. How come she wasn’t above the law, but he was?

By the way, she was a psychiatrist for the Veteran’s Administration, so not only did Meal Ticket conduct a War on Women against her, it was also a War on our veterans. You must have been so proud of him!

The fact that this whole clusterfark has gone on for a year also proves another thing-Hillario! is nowhere near as smart or as qualified as you stupidly believe she is.

If she were, she would never have allowed this clusterfark to have happened in the first place-either by not doing it in the first place, or by not getting caught at all. The fact that neither of these possibilities occurred to her before she embarked on this long strange trip speaks volumes about her lack of logic and lack of intellect. And of yours.

F-

Del Dolemonte on January 24, 2016 at 6:48 PM

You haven’t even proven there were classified emails.

Tlaloc on January 24, 2016 at 6:41 PM

As usual, you don’t know what you’re talking about, freak; you’re only trying to waste my time, just like you waste your own… What kind of person does that, anyway? :D

Have you internalized yet that I recognize you as a severely mentally moron, loser? Thus, I’d be fool to take you seriously, wouldn’t I? You’re just a clown to me, who provides me endless laughter. ROFL! :D

Anti-ControI on January 24, 2016 at 6:49 PM

mentally ill moron

Anti-ControI on January 24, 2016 at 6:49 PM

Anyone who believes those classified emails got onto her server without the assistance of her aides as they followed her orders is a moron; Brainloc says he doesn’t accept that this is the case; Brainloc proves he’s a moron, once again! LOL :D

Anti-ControI on January 24, 2016 at 6:35 PM

You haven’t even proven there were classified emails.

Kenny Bania on January 24, 2016 at 6:41 PM

No such thing as “classified”; there is no such classification for State Department e-mails. That’s why Hillario keeps using the word “classified”, because she knows that word doesn’t exist in State nomenclature, but her Cultists are too stupid to know that fact. Apparently so are you.

State uses the following classifications:

CONFIDENTIAL, SECRET and TOP SECRET/SAP information.

F-

Del Dolemonte on January 24, 2016 at 6:54 PM

You haven’t even proven there were classified emails.

Tlaloc on January 24, 2016 at 6:41 PM

You really don’t understand what you’re talking about. It’s not the emails that are classified it’s the data contained in the emails. It has already been demonstrated that over 1000 emails contained either confidential, secret or SAP info. Most of this info is determined to be one of the classifications at birth, i.e., you are presumed to know this info must be properly secured. There is no debate about this.

Ta111 on January 24, 2016 at 7:08 PM

You really don’t understand what you’re talking about. It’s not the emails that are classified it’s the data contained in the emails. It has already been demonstrated that over 1000 emails contained either confidential, secret or SAP info. Most of this info is determined to be one of the classifications at birth, i.e., you are presumed to know this info must be properly secured. There is no debate about this.

Ta111 on January 24, 2016 at 7:08 PM

How much have you dealt with Brainloc? :D

He’s a liar like Baghdad Bob; he’ll dispute whatever he feels like even when he knows he’s being untruthful… Arguing with people like him is a waste of time.

Anti-ControI on January 24, 2016 at 7:14 PM

It has already been demonstrated that over 1000 emails contained either confidential, secret or SAP info.

Ta111 on January 24, 2016 at 7:08 PM

No, it’s been claimed that there were 1000 emails with classified material, but claims aren’t proof. You guys assume the claims are true because you want them to be but pretty clearly they may not be as with the SAP story.

Tlaloc on January 24, 2016 at 7:15 PM

Like clockwork… LOL :D

Anti-ControI on January 24, 2016 at 7:19 PM

Hillario! Sunday AM on Nobody But Clinton’s “Meet the Press”. She’s Lying as fast as she can!

WASHINGTON – Hillary Clinton said Sunday she’s not worried about her email server damaging her presidential campaign despite an independent investigator finding super-secret messages on her homebrew server. “I’m not concerned,” Clinton told NBC’s “Meet the Press,” “because I know what the facts are. I never sent or received any material marked ‘classified.’ I cannot control what the Republicans leak and what they are contending.”

First of all, see my previous post; State emails never are marked “classified”; here Hillario! is relying on the Goebbelsesque loyalty of NBC “interviewer” Upchuck Todd, as well as relying on the Stupidity of her Democrat voter base.

Likewise, she’s Lying thru her teeth when she claims that the Republicans are “leaking” these e-mails; in reality they were released in response to Freedom of Information Act (FOIA) requests-some of which date back more than a year. Again, here she is talking down to her Low-IQ voter base, because she knows they’re stupid enough to believe everything she says.

(Raises outstretched hand in salute)

Del Dolemonte on January 24, 2016 at 7:23 PM

Del Dolemonte on January 24, 2016 at 7:23 PM

LOl, Gobbelspeak indeed.

Here’s NBC’s take.

Clinton and State Department officials have repeatedly said that none of the information she sent or received while secretary of state was marked classified, and nothing has emerged to contradict that. But it’s become clear that classified information bled into the emails, which were sent over unencrypted channels open to interception by foreign intelligence agencies.

Our Queen didn’t send our receive classiged info…but somehow magically some classified info “bled” into her emails. They must have been on the cloth she cleaned her server with!!

HumpBot Salvation on January 24, 2016 at 7:40 PM

No, it’s been claimed that there were 1000 emails with classified material, but claims aren’t proof. You guys assume the claims are true because you want them to be but pretty clearly they may not be as with the SAP story.

Tlaloc on January 24, 2016 at 7:15 PM

Even a single e-mail ordering an underling to strip the classification headers off of a document prior to sending unclassified is enough.

And that’s not the only smoking gun. That the State Department personnel tasked with censoring Hillary’s e-mails prior to FOIA release had to be briefed on various security containers is another.

We have several of those unclassified e-mails upgraded to SECRET and not released to us. That indicates that Hillary, at the very least, didn’t understand how things were to be classified (which, of course, is mere stupidity, which is not a crime), or, at the very worst, did understand and assumed that the rules didn’t apply to a person in her position (which is a felony).

What we do know is that the reason for running State through an unclassified e-mail server in Clinton’s basement was so that she would own the correspondence and be able to tailor her image as she suited.

The first smoking gun indicates total disregard for processes (and the reasons for those processes) put in place midway through Colin Powell’s tenure — processes followed by every subsequent Secretary of State until Clinton. And her demand that classifications be stripped and the materials sent unclassified go to the very heart of intent. It was her intent to disregard the law which is at the heart of this whole matter.

Both the Russians and the Chinese have shown an adeptness at capturing unclassified conversations by our Government and have also shown the ability to use those conversations to promote their own agenda.

The whole SAP thing is not going away — if she used humint via unclassified channels and the Russians or the Chinese have got hold of it, that’s a possible game changer. And it’s my firm belief that Hillary’s e-mail server was probably compromised by our adversaries within days of it coming online. Such is the nature of any internet-facing technology powered by Microsoft.

But a source’s life is nothing to Hillary, nor to her proponents, I think, for, at this point, what does it matter????

unclesmrgol on January 24, 2016 at 7:43 PM

This is another reason why I really think that the loser (well, second place finisher) in the presidential election should be given an office with the power to investigate and prosecute things related to the sitting administration. The ability of the sitting administration to shamelessly prevent prosecutions for political reasons flies in the face of the rule of law.

Count to 10 on January 24, 2016 at 2:26 PM

What a great idea. Too bad The Founders couldn’t conceive how corrupt the American people and their representatives would become …

ShainS on January 24, 2016 at 7:49 PM

We have several of those unclassified e-mails upgraded to SECRET and not released to us.

unclesmrgol on January 24, 2016 at 7:43 PM

That, plus the fact that a large number of the ones that have been released have been heavily redacted. Just simply requiring that information be redacted reveals that the data was too sensitive to be shared with the public, which says that Hillary must have known all along that using her private server was violating the legal responsibilities governing the Secretary of State.

At this point, I’m absolutely convinced that the DoJ is dragging its feet simply to buy time for Obama, who in the end intends to “pardon” Clinton for her malfeasance in office.

UPNorthWolf on January 24, 2016 at 7:54 PM

Maybe this would be a good time for a SWATting call…..

dentarthurdent on January 24, 2016 at 7:55 PM

Just so we understand the spectrum of claims, there’s this:

https://www.hillaryclinton.com/briefing/factsheets/2015/07/13/email-facts/

and this

http://www.politico.com/story/2015/12/state-dept-to-miss-target-in-clinton-email-release-217255

In which the number 1,200/43,000 (or about 2.7%) of Clinton’s e-mails are now deemed classified by the reviewers. That’s a very very high rate of spillage.

And, given that the information came from classified networks, whoever did the transfer had to know that they were performing a downgrade operation, and a downgrade operation involves a rather hefty level of review by subject authorities before it can occur. Yet Hillary apparently demanded and obtained a downgrade by doing nothing other than asking that headers be removed. Ouch.

Hillary, in her defense, claims that the rules concerning use of personal e-mail in the conduct of Government business were not made until she left office. This is a lie — for under FOIA regulations all Government business is to be conducted using Government equipment, and all such correspondence is the property of the Government. That this is a lie is corroborated by the smoking gun e-mail I referenced previously — the one demanding that headers be stripped.

Colin Powell knew this, and Condi Rice knew this — so why didn’t Hillary know this? Or did she assume that one set of rules applied to her predecessors in office, and another set applied to her? Maybe it was White Privilege which led her to that conclusion?

And how could Bloomberg, a person outside the Government at the time, have had access to the classified information found on HIS e-mail server? Double-ouch.

And note — these are just the ones Hillary supposedly turned over — not the totality of what was on her server. We can only guess at the damage Clinton has done to our country in this matter, but my guess is — substantial.

unclesmrgol on January 24, 2016 at 8:02 PM

UPNorthWolf on January 24, 2016 at 7:54 PM

Redaction occurs for a variety of reasons, some having to do with personally identifiable information. Redaction doesn’t concern me as much as what was in the e-mails Hillary had deleted before the handover to the State Department, and the fact that even of those, such a very large number are classified.

The FBI apparently has managed to secure quite a few others from backup tapes and supposedly wiped disks, and we shall see what they come up with. The Obama Administration can try to quash FBI research, but such an attempt would backfire badly, because the FBI team dealing with Clinton’s issues is almost certainly not entirely a “progressive” crew.

unclesmrgol on January 24, 2016 at 8:09 PM

The AG will be unavailable until after January 20, 2017.

GarandFan on January 24, 2016 at 8:28 PM

It’s so depressing reading the various comments about Hillary and that she did not do anything illegal and harmful to this country. The IG report is direct and and non refutable. The only issue is will the DOJ pursue criminal charges based on existing Federal law? Simple as that. Why are people like

Tlaloc

trying to defend her actions? It’s. So ridiculous and insulting to one’s intelligence.

whsiii on January 24, 2016 at 8:47 PM

The AG will be unavailable until after January 20, 2017.

GarandFan on January 24, 2016 at 8:28 PM

…and a few days before that, Obama will pardon all of the Democrats involved: his final, corrupt, “Screw America” act.

This evil act will make the Bill Clinton pardon of Marc Rich look like nothing.

landlines on January 24, 2016 at 8:58 PM

At a certain point, you start wondering why we ought to obey the law when to all appearances no one else is…

Sackett on January 24, 2016 at 5:14 PM

Because people like you and me will still go to jail for peanuts, compared to what the elitist ruling class shields itself from.

Oxymoron on January 24, 2016 at 9:27 PM

The IG report is direct and and non refutable.

whsiii on January 24, 2016 at 8:47 PM

If that were true we wouldn’t bother with trials. The fact is such reports are quite refutable since they represent, at best, merely a single informed opinion.

Tlaloc on January 24, 2016 at 9:44 PM

If Hillary compromised the intelligence community by posting top secret info on an unsecured server, being prosecuted under the rule of law is probably not her big worry.

Demonized on January 24, 2016 at 9:52 PM

If that were true we wouldn’t bother with trials. The fact is such reports are quite refutable since they represent, at best, merely a single informed opinion.

Tlaloc on January 24, 2016 at 9:44 PM

What in the hell are you talking about and why do you waste so much time posting garbage on this site?

tej on January 24, 2016 at 10:05 PM

What in the hell are you talking about and why do you waste so much time posting garbage on this site?

tej on January 24, 2016 at 10:05 PM

Once you realize than Brainloc=Baghdad Bob, it will begin to make sense to you… :D

Anti-ControI on January 24, 2016 at 10:09 PM

than that

Anti-ControI on January 24, 2016 at 10:09 PM

What in the hell are you talking about and why do you waste so much time posting garbage on this site?

tej on January 24, 2016 at 10:05 PM

You should read it again and sound out the words, it wasn’t exactly a complicated argument.

Tlaloc on January 24, 2016 at 10:42 PM

Just another example of how corrupt the government is. If the FBI calls for an indictment it will not be pursued. The Dems control the media and most of the country is stupid. Listen to the crap that Pelosi and Biteme spout and ask how people are dumb enough to vote for them. The people are that dumb and more. Most of the country is more concerned with the local mini mart running out of ice cream then they are with Hillary and her emails. She will be the next president. You get what you deserve.

alanstern on January 24, 2016 at 11:00 PM

How much have you dealt with Brainloc? :D

He’s a liar like Baghdad Bob; he’ll dispute whatever he feels like even when he knows he’s being untruthful… Arguing with people like him is a waste of time.

Anti-ControI on January 24, 2016 at 7:14 PM

S. D. on January 24, 2016 at 11:22 PM

There is always the Kurt and Elizabeth von Schleicher solution.

claudius on January 24, 2016 at 11:40 PM

If that were true we wouldn’t bother with trials.

Tlaloc on January 24, 2016 at 9:44 PM

So, idiot, you’re OK with the case going to trial. Excellent.

Kenosha Kid on January 24, 2016 at 11:53 PM

Followed by the revelation that that headline was a bad joke and the materials in question are openly and widely known by the public world wide.
Left that part out.
Tlaloc on January 24, 2016 at 12:51 PM

Let’s play what party:
That Valerie Plame, who was retired and riding a desk, was a CIA operative was widely known by the public world wide, but Scooter Libby went to jail anyway. Because that was malicious.

Barky himself sent an email, disclosing the name of the ranking CIA agent in Kabul (and he wasn’t retired or riding a desk) blowing his cover. But to quote the Washington Examiner “Yes, it was inadvertent, colossally stupid, an embarrassment — but it was a mistake.”

Left those parts out.

AppraisHer on January 25, 2016 at 12:54 AM

If she slips through the fingers of justice, ordinary Americans will rebel against authority and become as lawless as she.
FlameWarrior on January 24, 2016 at 1:10 PM
I’m gonna copy a movie that has that FBI warning on it! Heck yeah!!!
justltl on January 24, 2016 at 3:11 PM

And they’ll come after you, see?

Selective enforcement of the law. Part of the banana republic we live in.

Besides, so many laws that you almost can’t avoid breaking one, anyway.

Nice racket, right?

Sherman1864 on January 25, 2016 at 4:04 AM

There are a reported 125+ FBI agents working on the Hillary email and related investigations. The Bureau does not devote such resources to fishing expeditions or speculative inquiries, despite the paranoid imaginings of libertarians.

If they believe they have delivered more than sufficient evidence to indict and DOJ ignores it, we could see dozens of resignations, starting with Comey himself. It could be as big as the Saturday Night Massacre. And in federal felonies involving conspiracies, the statute of limitations doesn’t begin ticking until the LAST overt act promoting the conspiracy, which would be no earlier than the attempted deletion of the evidence from the private server, or the spring of 2013 at the earliest. Absent a pardon, Obama cannot save her even if he wanted to – unless she wins the office herself.

Adjoran on January 25, 2016 at 6:02 AM

nothing seems to happen beyond scattered rumors from mostly nameless sources saying that the FBI is busily digging away. Why is that?

Because they’re waiting until after Hillary wins the primaries.

She will then be given the choice to withdraw her candidacy or spend the rest of her life in a federal penitentiary.

Obama’s chosen successor — Biden — will be nominated at the convention with the benefit of not having to face a year of political scrutiny. It’s the best he can do for Old Loyal Joe.

Elizabeth Warren will get the second slot on the ticket to assuage the disappointment of the feminist warriors.

Younggod on January 25, 2016 at 7:36 AM

I expect nothing to happen until the first few states have their primaries/caucuses. But what happens after that is uncertain.

I am certain Obama wants to sink Hillary. But to bring an indictment while her candidacy is viable would cause Obama problems within the Democratic Party. If Hillary stays in, expect more sudden discoveries of incriminating emails. The point of these revelations is to make Hillary increasingly toxic to primary voters and further drag down her campaign.

But even if Hillary does so poorly in the primaries that she drops out, don’t expect indictments. The trial would reveal how complicit the White House was in Hillary’s hi-jinks. Also it would reveal that the rest of the Obama administration played the same sort of games. And I have no doubt that if Hillary goes to trial, she will take down the entire Democratic Party with her.

I am afraid the only way Hillary gets the orange jumpsuit is if a Republican with balls gets elected in November.

bartbeast on January 25, 2016 at 9:16 AM

Um, the actual emails have been released. They are redacted because they contain classified material. The material was classified at the time it was illegally transmitted. There is volumes of evidence, Idiot.

blink on January 25, 2016 at 8:26 AM

It doesn’t matter to him/her/it that the emails have been released under court order and are now a matter of public record, or that samples of them have been posted to countless websites with the security classification clearly marked on them, or that these classified emails have either HRC’s private email address either in the to or from line (or both), proving that not only is she a consummate liar, but she failed to properly safeguard classified materials in accordance with federal law.

He/she/it will continue to proclaim that there are “claimed” to be 1340 emails that have classified information, but there is no “proof”, except that those of us that are not blind to the facts can clearly see the “proof”. Further, there are sworn affidavits from intel analysts that on some of the emails there were information from SAP.

I have decided to stop responding to his posts. He/she/it says the same thing over, and over, and over again. “There is no proof.” “They only claim that there are 1340 emails with classified information.” “If she is guilty, why haven’t they indicted her?”

He/she/it neglects the fact that not all of the emails have been reviewed and released. In fact, 7,200 pages of emails have yet to be sent to other agencies for review. You can safely bet that a significant portion of them will have contents redacted and are classified. Add to that the fact that the FBI is probably still recovering data from the “wiped clean” hard drive(s) from the server hosting her illegal, unsecure, private email service. You can also bet that when the FBI concludes its investigation, they will have an ironclad case that HRC was grossly negligent and committed several thousand violations of federal law. Remember, every email that was not properly archived is a violation of the Federal Records Act. Every classified email found on her illegal, unsecure, private server is a violation of the Espionage Act. Then you can add Obstruction of Justice, perjury, conspiracy, and corruption.

HRC’s safest bet is to take a vacation to somewhere that doesn’t have an extradition treaty with the US.

GAlpha10 on January 25, 2016 at 9:18 AM

Oh well, I’m sure you guys can make up another bombshell and get another week of hype before it gets disproven too…

Tlaloc on January 24, 2016 at 6:15 PM

You wouldn’t be here with all your talking points if it wasn’t an issue. Your presence is proof of her guilt. If it wasn’t a problem, you wouldn’t be here.

dominigan on January 25, 2016 at 9:37 AM

Republicans and Conservatives are missing an opportunity here. This is an issue that can be used to drive a wedge between Obama and Hillary, and therefore get this issue moved forward.

The strategy should be to give Obama an out for his disastrous foreign policy by blaming it on Hillary. Stories like “Did Hillary Purposely Undermine Obama”, “Can Obama’s Problems Be Traced To Hillary”, “Hillary Ruined Obama’s Foreign Policy”, “Why is Hillary Attacking Obama’s Record”, “Bill and Hillary’s Strategy to Ruin Obama”. Seems like Obama is the type of person to take the bait. He needs to discredit Hillary before she leaks information about something like his Benghazi stand down order, or whatever dirt she has on him.

loganyung on January 25, 2016 at 10:21 AM

disproven = two unnamed “officials” who haven’t seen the emails in question or know what info they contain claim info about drone program widely known in DC. Case closed folks.

HumpBot Salvation on January 25, 2016 at 10:25 AM

State AGs can impanel a Grand Jury.

IcePilot on January 25, 2016 at 11:40 AM

State AGs can impanel a Grand Jury.

IcePilot on January 25, 2016 at 11:40 AM

Not regarding the State Department, as it is purely a federal Executive Branch agency, and wholly located in Washington, DC.

Nor regarding crimes which are delineated in only the federal government sense. Mishandling of classified federal documents is not something which would or could ever be tried at the state level.

That the Executive Branch is employing the fig leaf of federal investigation into such high crimes, while knowing it will never prosecute them, should be just one more impeachable charge against the lawless President and his lawless AG.

Freelancer on January 25, 2016 at 11:58 AM

Freelancer – Thx for the info. But (I speculate), if a pissed off FBI agent should pass on information regarding the Clinton Foundation having broken the laws of (fill in State here)? Grasping at straws, I know, but I remain an optimist.

IcePilot on January 25, 2016 at 1:50 PM

What can the FBI do about Hillary Clinton without a grand jury?

One angry FBI employee, Deep Throat, brought down Richard Nixon.

RJL on January 25, 2016 at 2:25 PM

If the rule of law still exists in America Cheryl Mills, Jake Sullivan, Huma Abedin and Hillary Clinton will all have cells in the same corridor as Bradley (Chelsea) Manning.

The aides did exactly what he(she) did, and Hillary put them up to it.

Dexter_Alarius on January 25, 2016 at 2:28 PM

Here is an excellent discussion of how someone had to deliberately move classified info to Hillary’s server. (The Federalist)

I’ve been there, and lived these rules. It’s not about what you think should be classified. If it is on a classified system, then you have to treat it as such – especially TS-SCI and SAP material!

Folks who are making conclusions now (“Oh, that stuff is available all over the internet!”) don’t know what they are talking about.

Someone at State or (worse) in Hillary’s camp had to have deliberately transferred sensitive material from the classified systems in a SCIF to her personal email. It doesn’t happen by osmosis or by wishing it so.

Start putting THOSE people in jail. Certainly that case can be made. And then see what happens with Hillary.

This is simply unbelievable.

Skiritae on January 25, 2016 at 2:38 PM

Obama is appears to be bifurcating the normal process of an FBI investigation, for the reasons stated above. FBI investigations very often do not include the DOJ at the beginning; in many cases the FBI agents build the case initially and only go to the US Attorney in the appropriate jurisdiction when they have significant evidence of crime, evidence sufficient to justify grand jury involvement. The US Attorney can then take the case to the grand jury, although the FBI may be instructed to conduct further investigation first. But it is very apparent this FBI investigation has gone far beyond the point it would normally have gone to the US Attorney.

There is another possible explanation, though. McCarthy doesn’t say anything about how he determined it is Obama who has prevented DOJ and grand jury participation in the investigation. If he is making a deduction from the circumstances he may have missed this possibility.

Comey is highly respected and competent. He certainly understands there will be Obama administration resistance to prosecuting Hillary Clinton. It would make sense to do everything conceivable to build the case before taking it to the DOJ. (Normal procedure would be to take it to the US Attorney for DC; the current US Attorney in DC is Channing Phillips. As you would expect, the man is a stone Obama tool.) In this situation it seems certain the FBI already has overwhelming evidence of criminal wrongdoing by Clinton and others in her circle. But Comey would be wise to do everything he can and leave no room for Channing and Lynch to stall by ordering further investigation or to refuse to take the case to the grand jury.

novaculus on January 24, 2016 at 4:00 PM

So it may be the FBI holding back, because they suspect the DOJ will do nothing without overwhelming evidence.

The one thing that seems clear to me is that the FBI is already doing all they can to move the case forward, outside of the involvement of the DOJ. That is, they’re engaged in leaking details embarrassing to Hillary, and to the Obama administration by extension.

The leaks seem to indicate the FBI is trying to pressure the DOJ into action, which would make sense if the DOJ is already trying to slow-walk the case. But they would still make sense in the other scenario, where the FBI is trying to make it difficult for the DOJ to slow-walk the case once it’s finally given to them.

There Goes the Neighborhood on January 25, 2016 at 4:03 PM

Folks who are making conclusions now (“Oh, that stuff is available all over the internet!”) don’t know what they are talking about.

Someone at State or (worse) in Hillary’s camp had to have deliberately transferred sensitive material from the classified systems in a SCIF to her personal email. It doesn’t happen by osmosis or by wishing it so.

Start putting THOSE people in jail. Certainly that case can be made. And then see what happens with Hillary.

This is simply unbelievable.

Skiritae on January 25, 2016 at 2:38 PM

Most people making that argument are just trying to rationalize their support for Hillary. Even if something classified is leaked to the public, it does not lose its classification. In fact, anyone working for the government can get in significant trouble for accessing classified information that has been leaked to the public.

That’s because the government maintains a classified computer system and network completely apart from the normal non-classified one. If you mix classified information into the non-classified network, then it can no longer be considered non-classified.

Besides, just because secret information is leaked to the public does not mean the government has verified the information to be accurate. Any further leaks would confirm the accuracy of the first leak.

There Goes the Neighborhood on January 25, 2016 at 4:10 PM

Could the Supremes step in?

Do we really have no option if enough of the government is corrupt? Isn’t there anyone who can protect the people from the corruption?

Hillary Clinton is a criminal. She needs tried and put away. Someone somewhere must know how to do that! How can the founders made such a perfect check and balance system and have neglected to design a way to overcome complete corruption? There must be a way!!!

Without a media the public doesn’t even know. I saw people today defending her with months old information. Clearly this is not being put in front of the people.

petunia on January 25, 2016 at 8:25 PM

Followed by the revelation that that headline was a bad joke and the materials in question are openly and widely known by the public world wide.
Left that part out.
Tlaloc on January 24, 2016 at 12:51 PM

I guess that is the line they are telling you. But it is wrong. Absolutely wrong. They have redactd the stuff that was supposed to be kept classified. That is why you may have heard some of it. But of course we don’t get it all.

But you know who does have it all?

Russia and China… and every they gave it to.

That is the way to bring her down. Show how the world has our secrets because of Hillary.

If only we had an actual media, instead of the propaganda arm of the Democrat party.

petunia on January 25, 2016 at 8:30 PM

Maybe if Hillary loses in Iowa and New Hampshire the long arm of the law will haul her in with charges and the DNC will put in place their plan “B” for their party.

Amazingoly on January 26, 2016 at 10:04 AM

Everybody is barkin’ up the wrong tree…..

Obama will pardon Hillary five days before the Iowa caucus and the email issue will blow away like a leaf in the fall…. as will Bernie’s entire campaign.

Hill vs Donald, with Trump winning by a comfortable margin.

ursa5000 on January 26, 2016 at 9:30 PM