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Tuesday, April 5, 2016

Hillary's legal fight summarized


A legal writer for Politico explained the procedures, meaning and consequences of Hillary’s email scandal and I think I finally understand. Lots of stuff about federal cases explained clearly. Hillary’s in deep doo-doo.  Will she withdraw?  That question will have to be answered but here in layman’s language is the case at present.

The recent announcements of scheduled interviews with HRC staff and that Justice Dept. lawyers have teamed with the FBI imply that the preliminary investigation is done and it has big consequences.  If someone lies to a grand jury or the FBI, you are perjuring.  (Martha Stewart went ot prison for lying to FBI.) Subpoenas and immunity for an aide, Bryan Pagliano (manager of her private server and email) tell us that a Grand Jury exists, else these subpoenas and immunities could not take place.  It takes a presiding judge.  Pagliano was in trouble (didn’t inform State Dept. that he was also working for her privately on the side) so he has much motive to be cooperative.  Private email is in violation of the laws on national security and he also had to know this.

Hillary, as Sec. of State, is one of 10 people who classify and guard classified documents.  Therefore, the smokescreen of , “oh, it was later classified,” is absolute bullshit.  She was in charge.  She also signed a document that says she is responsible to define classification and indeed she had SAP (above top secret classification) on her private email.  She broke the law—no ifs, ands or buts about it.

But why?  She claimed “inconvenience” in not using her dot-gov email account.  Also in the evidence is that she requested a secure Blackberry, like Obama has, that cannot be hacked.  NSA vetoed this—too expensive.  She wanted this because there are ‘secure rooms’ around Washington where classified email can only be accessed.  One of these is her State Dept. Office.  Secure rooms totally disable a private phone or other device. (Guards against a hacker taking over a private phone and “listening”) Therefore, aides had to load the secret emails onto her private account.  Obviously Hill wanted control offered by a private server she owned.  Why? Two reasons.  Freedom of Information Act requests could demand to see the unclassified portion of messages.  And thousands of other government employees could see her emails if she was on dot-gov. Probably she had something to hide. Likely it was the $$$ donated to Clinton foundation.

What’s coming?  Obama and Loretta Lynch have a big decision for prosecution and given Washington’s leaky nature, won’t be able to simply sweep it under the carpet. A grand jury and federal judge will make a recommendation.  Most likely Obama and Lynch will pass this hot potato to a special prosecutor.  At that time one would expect HRC to withdraw from the presidential race but this is not guaranteed given the nature of the Clintons.  We’ll just have to see.

And as you can see, some things will come about, some are probable, some are unknown.

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