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The article below by Joan Vennoci at the Boston Globe asks, “Why is the FBI so slow on Clinton e-mail probe,” and unfortunately for Democrats there are many signs that point toward the investigation being at the stage of an active Grand Jury convening at this very moment. In the article, The Globe accurately states that the fundamental question being decided right now on whether or not to indict Hillary Clinton ultimately boils down to whether or not she intentionally or recklessly forwarded classified information in a way that put the country at risk? The reason it’s highly likely that a Grand Jury has already been convened on this comes down to a few very simple facts. First, as pointed out several weeks ago by Former U.S. Attorney Joseph diGenova:
“When Hillary Clinton set up the server, she therefore had the intent to transfer classified information in a non-secure network, and she thereby automatically violated the statute that makes it a crime to store and maintain improperly classified documents.”
GAME. SET. MATCH. SEE YA!
But wait, it gets worse. In an article that came out back in January titled, Smoking Gun: Hillary E-mail Instructs Aide to Delete Classified Markings, Clinton slammed the door on any tiny chance she might have had at finding even a smidgen of wiggle room. With regard to smoking gun email where she instructs her aid to strip the security markings, Former U.S. Attorney Joseph diGenova said:
“The taking off of the security markings is in and of itself a crime in that the removal of classification is a felony. Then transmitting the documents without security markings on the server is another felony. You don’t need any more evidence of criminal intent other than the establishment of the private server initially and the stripping of the classification markings later.”
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Finally, it’s worth noting, that when asked whether there was a grand jury already convening in Hillary Clinton’s email case, Attorney General Lynch did not deny that one was. If no grand jury had been convened, Attorney General Lynch could have easily denied a grand jury had been convened without violating grand jury secrecy. As the most likely successor to Obama, it’s almost impossible to think of any reason on earth Attorney General Lynch would not have seized the chance to throw Clinton a life line if she could have. It would appear at least, that she could not.
The intelligence community is positioning for an expected indictment, or their will be an eruption of epic proportions. “The evidence there will be an eruption comes from Michael Hayden, former director of the CIA and the NSA, who when being interviewed in August, said the ‘original sin’ of creating Hillary Clinton’s private server as the sole communications device for the secretary can never be fixed,” he said with determination. “That starts it and ends it – it’s over – the original sin of the private server creates the crime and ends the investigation. The rest is icing on the cake.
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If FBI Director James Comey feels no deadline pressure to wrap up the investigation into Hillary Clinton’s e-mail server, he should.
“The urgency is to do it well and promptly. And ‘well’ comes first,” Comey told local law enforcement agents in Buffalo on Monday, according to the Niagara Gazette.
“Well” is important. But so is “promptly,” and the FBI’s definition of that is unclear.
The probe, underway for a year now, addresses a fundamental question: Did Clinton intentionally or recklessly forward classified information in a way that put the country at risk?
Getting the answer sooner rather than later seems only fair.
“Yes, there surely is a professional, ethical, and moral obligation of the Feds to finish the investigation ASAP rather than leave a cloud hanging over the electoral process,” said noted criminal defense lawyer Harvey Silverglate. What’s also troubling, said Silverglate, is that “we don’t even know who is ignoring his/her ethical obligations, since we have not been informed, to my knowledge at least, who is in charge of the investigation.” Is it Attorney General Loretta Lynch, he asks, or — given the highly charged political nature of the investigation — a designee?
Democrats have a special interest in reaching closure before picking their nominee. Even the most loyal Clinton supporters wonder if an indictment is more than right-wing wishful thinking.
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But an investigation that drags on past the convention, into the fall, is more than a partisan concern. It’s unfair to the country as a whole.
Clinton’s use of a private e-mail server while she was secretary of state has come to epitomize her biggest challenge as a presidential candidate — the voters’ lack of trust in her. No matter what the FBI concludes, that political problem, years in the making, won’t go away. If no one committed any crime with the e-mail set-up, Clinton’s judgment can still be questioned. She now acknowledges it was a mistake.
But that’s different from facing assertions she should be in jail — as Donald Trump has charged — because of the way she handled her e-mail.
If Clinton is exonerated, Republicans will see it as a cover-up. If there’s a criminal indictment, Democrats will read politics into that, too. Either way, the FBI will be criticized. That’s a given. Still, it’s no excuse to kick the investigation can down the road. In its own way, that looks political too. Is the FBI trying to protect her or hurt her?
Asked last Sunday on NBC’s “Meet the Press” whether the FBI had reached out to her for an interview, Clinton said, “No, no, they haven’t.” She added, “Back in August, we made clear that I’m happy to answer any questions that anybody might have. And I stand by that.”
If her answer is truthful, and she signaled availability “back in August,” why take so long to question her? A key aspect of any potential criminal investigation would hinge on Clinton’s intent in setting up the private e-mail server. Only she can speak to that.
From a purely political perspective, it would have been better if it happened months ago. If it ended Clinton’s presidential ambitions, so be it. She could have at least moved on with her life, and the party could have moved onto another candidate.
Instead, according to media reports, the FBI is just getting to the point of questioning Clinton and assorted aides. Asked this week on “The View” if she will be able to put the matter behind her, Clinton said, “I’m sure I will, because there’s nothing to it.”
An endless investigation leaves a perpetual cloud over her head. That’s not a crime, but it should be.
Joan Vennochi can be reached at [email protected]. Follow her on Twitter @Joan_Vennochi.
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The e-mail problem was her biggest challenge until she gets embroiled in the Panama Papers. It’s amazing how she gets caught up in every scandal possible, but she keeps going on her merry way. Dead woman walking.
Hillary for Prison 2016, enough said. If any of us so much as knew the location of such a server, let alone the contents, or did any of the crimes she has, we would disappear, likely to die an anonymous death never to be seen again. Never mind positions, it’s a matter of principle. The harshness off punishment between the public and the elite is like 10,000 to 1.
The internet has really screwed the liars. We the people see now what is going on, at least a lot of us.
They no longer have the higher ground. The truth shall set us free from the fraud.
Trump is our best chance to get it right and I support a Trump/Sanders ticket.
There were repeated requests and even demands from the court for Hillary to turn over her emails, seems like for over 2 yrs. or so. It’s her own doing if this inconveniently runs smack in the middle of election time.