Gitzo Loc: Indiana

Why Hillary Clinton's Legal Woes Are Grave Or Even Fatal: A Tale Of Two Smoking Guns

Article by Judge Andrew P. Napolitano / 1-14-2016





The federal criminal investigation of former Secretary of State Hillary Clinton’s failure to secure state secrets was ratcheted up earlier this week, and at the same time, the existence of a parallel criminal investigation of another aspect of her behavior was made known. This is the second publicly revealed expansion of the FBI’s investigations in two months.

I have argued for two months that Clinton’s legal woes are either grave or worse than grave. That argument has been based on the hard, now public evidence of her failure to safeguard national security secrets and the known manner in which the Department of Justice addresses these failures.
The failure to safeguard state secrets is an area of the law in which the federal government has been aggressive to the point of being merciless. State secrets are the product of members of the intelligence community's risking their lives to obtain information.

Before she was entrusted with any state secrets -- indeed, on her first full day as secretary of state -- Clinton received instruction from FBI agents on how to safeguard them; and she signed an oath swearing to comply with the laws commanding the safekeeping of these secrets. She was warned that the failure to safeguard secrets -- known as espionage -- would most likely result in aggressive prosecution.

In the cases of others, those threats have been carried out. The Obama Department of Justice prosecuted a young sailor for espionage for sending a selfie to his girlfriend, because in the background of the photo was a view of a sonar screen on a submarine. It prosecuted a heroic Marine for espionage for warning his superiors of the presence of an Al Qaeda operative in police garb inside an American encampment in Afghanistan, because he used a Gmail account to send the warning.

It also prosecuted Gen. David Petraeus for espionage for keeping secret and top-secret documents in an unlocked drawer in his desk inside his guarded home. It alleged that he shared those secrets with a friend who also had a security clearance, but it dropped those charges.
The obligation of those to whom state secrets have been entrusted to safeguard them is a rare area in which federal criminal prosecutions can be based on the defendant’s negligence. Stated differently, to prosecute Clinton for espionage, the government need not prove that she intended to expose the secrets.

The evidence of Clinton’s negligence is overwhelming. The FBI now has more than 1,300 protected emails that she received on her insecure server and sent to others -- some to their insecure servers. These emails contained confidential, secret or top-secret information, the negligent exposure of which is a criminal act.

One of the top-secret emails she received and forwarded contained a photo taken from an American satellite of the North Korean nuclear facility that detonated a device just last week. Because Clinton failed to safeguard that email, she exposed to hackers and thus to the North Koreans the time, place and manner of American surveillance of them. This type of data is in the highest category of protected secrets.

Last weekend, the State Department released two smoking guns -- each an email from Clinton to a State Department subordinate. One instructed a subordinate who was having difficulty getting a document to Clinton that she had not seen by using a secure State Department fax machine to use an insecure fax machine. The other instructed another subordinate to remove the “confidential” or “secret” designation from a document Clinton had not seen before sending it to her. These two emails show a pattern of behavior utterly heedless of the profound responsibilities of the secretary of state, repugnant to her sworn agreement to safeguard state secrets, and criminal at their essence.

Also this past weekend, my Fox News colleagues Catherine Herridge and Pamela Browne learned from government sources that the FBI is investigating whether Clinton made any decisions as secretary of state to benefit her family foundation or her husband’s speaking engagements. If so, this would be profound public corruption.

This investigation was probably provoked by several teams of independent researchers -- some of whom are financial experts and have published their work -- who have been investigating the Clinton Foundation for a few years. They have amassed a treasure-trove of documents demonstrating fraud and irregularities in fundraising and expenditures, and they have shown a pattern of favorable State Department treatment of foreign entities coinciding with donations by those entities to the Clinton Foundation and their engaging former President Bill Clinton to give speeches.

There are now more than 100 FBI agents investigating Hillary Clinton. Her denial that she is at the core of their work is political claptrap with no connection to reality. It is inconceivable that the FBI would send such vast resources in the present dangerous era on a wild-goose chase.
It is the consensus of many of us who monitor government behavior that the FBI will recommend indictment. That recommendation will go to Attorney General Loretta Lynch, who, given Clinton’s former status in the government and current status in the Democratic Party, will no doubt consult the White House.

If a federal grand jury were to indict Clinton for espionage or corruption, that would be fatal to her political career.

If the FBI recommends indictment and the attorney general declines to do so, expect Saturday Night Massacre-like leaks of draft indictments, whistleblower revelations and litigation, and FBI resignations, led by the fiercely independent and intellectually honest FBI Director James Comey himself.
That would be fatal to Clinton’s political career, as well.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. 




My comments;

I have been predicting this for, what, two years now?



.

Those GD SOB Republicans! Bill....Put Out A Contract On "All Republicans"! SOB!


Hillary Before Putting On Her Falseface


Oh My.....I Can't Swim! All I Can Do Is Lie! And Steal; And Cheat; And Blame It All On George Bush; I'm Going To Drown! Damn! Help!

nakkh Loc: San Mateo, Ca

Hillary or Bernie... Either can & will kick Trump's ass in the general.

Once the candidates are decided surrender all hope of winning the whitehouse....

SBW

In addition to being ignorant, you are delusional. Neither one of those clowns are electable. The only chance the dems have of keeping the White House is if someone else gets in the race on the dem side. You don't have clue nikky nak.

wilpharm Loc: Oklahoma

Where ya been, gitz?? havent seen ya around for awhile??

Checkmate Loc: Southern California

NAKKH is a very old Indian word that was common among all the American tribes meaning:
DOG WHO LICKS OWN BUTT.

Hillary makes libs proud. The best they can get.

Checkmate Loc: Southern California

They are looking for someone who is stupid and a clown: wait, is Joe Biden still available?

PrairieSeasons Loc: Red River of the North

If the stock market continues the rest of the year as it appears now, it would be remarkably unusual for the party in the White House to retain it.

BigBear Loc: Northern CT

The same action should be taken against Obummer for knowing about and allowing it to happen.

NeilL Loc: British-born Canadian

Oh, but the libs say the stock market has never been higher. :roll: The whole liberal problem is they don't know which way is up.

green Loc: 22.1749611,-159.646704,20

Gitzo Loc: Indiana

Hey Will! Ah, my damned iMac went on the fritz, stopped completely, took it to the Apple Store in Indy, (180 miles round trip) and they had to put a new graphics card in the thing; $521 later (and another 180 mile round trip) I get the sucker home, the display is beautiful, but now the arrow is completely "disconnected" from the damned mouse!

Back to the Apple store, (and a 3rd 180 mi round trip), and they tell me the sucker needs a new logic board; after I himmed and hawed about spending the $521 for nothing, they told me they would credit me for it if I wanted to buy another new iMac, so I said "yeah", but ONLY if you'll transfer everything from the old machine to the new machine, PLUS transfer everything from the "machine before that, that was still at my house; then I had to make my #4 180 mile round trip to bring the "other" old-old machine in, and two days later I had to make # 5 round trip to get both old Macs and the new one back home! Put damn near a thousand miles on my Cube, running back an forth to Indianapolis for two weeks!


I spend most of my time any more on another forum that has hardly any libs on it; everytime I come back to the Hog, the first thing you have to listen to here is some asshole like Nak the quack, and I'm getting to the place any more that I can't stand to listen to a steady stream of assholes spouting their "cow manure"; hell, if I was into "bull-chit", I could hop over the fence into my neighbor's pasture and he's got a 100 head of dairy cows over there spreading "manure".

wilpharm Loc: Oklahoma

I understand, completely....

skylane5sp Loc: Puyallup, WA

You really have no grasp on reality, do you.

What a effin' dumbass...

nakkh Loc: San Mateo, Ca

Sorry to rain on your parade Shitstain but ...

http://40.media.tumblr.com/c4c0f92a19f078bd7c2a171e5c27a3de/tumblr_inline_o10ir5O0uS1t2h6qi_1280.png

http://analysis.predictit.org/post/137366541248/clinton-sanders-favored-over-all-gop-candidates

SBW

LOL, what a ridiculous little twerp you are. Not raining on my parade. I want the whore to run. I want to see it played out. I want to see her humiliated. But most of all I want to see her in jail.