Hillary Clinton is not Innocent, She just wasn't Charged

Today, two days before the presidential election, the FBI Director released a follow-up statement that the latest investigation, into Hillary Clinton’s emails, was being closed and that they had found nothing. Not sure how exactly it took them months to digest tens of thousands of emails, but they seemingly went through hundreds of thousands in a mere eight days, but I will leave that up to you to digest.

If I included this story line in any of my books, my readers would (rightfully) burn them in disgust, because I had simply ‘jumped the shark’ and extend the plot line into the land of outright implausibility. However, in 21^st century politics we have learned that nothing is apparently implausible.

I know a lot of people are having problems with this whole Hillary Clinton / E-mail investigation. Most of the loudest cries of ‘Hillary didn’t do anything wrong’ come from folks who’s closest connection to actual law enforcement comes from having watched old episodes of Law & Order while staying at a Holiday Inn Express.

Sorry, but your Facebook Police Academy Diploma does not count in the real world. So, for the sake of aiding you, in this mind-numbing process, I would be happy to lend my fifteen years of NYC investigatory experience to the equation.

I thought I would make the facts of this case abundantly clear to all of you via the new ‘millennial bumper sticker’ format.

In his testimony before Congress on July 7^th, 2014, FBI Director James Comey testified that former Secretary of State Hillary Clinton did not turn over (thousands) of work related emails to the State Department.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally:

Subdivision (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.

In his testimony before Congress, FBI Director James Comey testified that former Secretary of State Hillary Clinton removed work related emails from the system.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally:

Subdivision (b) - 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.

In his statement on July 5th, 2016, FBI Director James Comey stated the following regarding former Secretary of State Hillary Clinton and her work related emails from the system: “…there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received.”

18 U.S. Code § 793 - Gathering, transmitting or losing defense information:

Subdivision (f) - Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer - Shall be fined under this title or imprisoned not more than ten years, or both.

NOTE: For the record, please note that there is no culpable mental state of INTENT anywhere in this passage.

Legal Definition of : Gross Negligence:

n. carelessness which is in reckless disregard for the safety or lives of others, and is so great it appears to be a conscious violation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil. If one has borrowed or contracted to take care of another's property, then gross negligence is the failure to actively take the care one would of his/her own property. If gross negligence is found by the trier of fact (judge or jury), it can result in the award of punitive damages on top of general and special damages.

There you have it, Hillary Clinton’s extremely careless behavior was the legal textbook definition of Gross Negligence, with the exception that, after making the case, Director Comey CHOSE not to use the exact words.

Understand that if you, or I, committed any of the CRIMES outlined above, we would go to federal prison for a very long time.

She has been cleared, not of wrongdoing, but by a completely personal choice on the part of Director Comey not to pursue this matter, even though it is not his choice to make.

Investigative agencies (in this case the FBI) investigate and present their findings to prosecutorial agencies (in this case the DOJ / Attorney General). It is the responsibility of the prosecutor to determine whether they will proceed. However, in this case the AG, Loretta Lynch, took the unprecedented move of saying she would defer to the FBI, even though the case was still being investigated and she had just participated in a highly questionable meeting, with the subject of the investigation's husband, in a private plane for a social chat.  

Hillary Clinton broke the law and by very nature of the law she broke is disqualified from holding office, but what the above tells you is that she is above the law and that should send a chill down your spine.