Jim Comey’s Clinton Standard He shows how she broke the law then rationalizes no indictment.

http://www.wsj.com/articles/jim-comeys-clinton-standard-1467759942

For our money, the most revealing words in FBI Director James Comey’s statement Tuesday explaining his decision not to recommend prosecuting Hillary Clinton for mishandling classified information were these: “This is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions.”

So there it is in the political raw: One standard exists for a Democratic candidate for President and another for the hoi polloi. We’re not sure if Mr. Comey, the erstwhile Eliot Ness, intended to be so obvious, but what a depressing moment this is for the American rule of law. No wonder so many voters think Washington is rigged for the powerful.

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Mr. Comey spent nearly all of his media appearance laying out the multiple ways in which Mrs. Clinton’s use of a private email server for official State Department business had violated official policy and jeopardized America’s secrets. Yet at the end he declined to recommend prosecution because her behavior was merely “extremely careless” rather than “grossly negligent” as the law requires. This is a rhetorical distinction without a difference that deserves to be mocked.

Mr. Comey’s facts grossly—if we may use that word—belie his conclusion. Of the 30,000 work-related emails Mrs. Clinton turned over to State, 110 contained classified information at the time they were sent or received. Eight email chains contained information judged to be Top Secret. The FBI also found three emails containing classified information among emails that Mrs. Clinton had deleted (rather than turned over to State)—but which the FBI was able to find through forensic analysis.

The FBI chief’s statement also had the effect of exposing the many lies Mrs. Clinton has told about her emails.

• Mrs. Clinton claimed she “did not email any classified material” over her private email. Mr. Comey refuted this with precise numbers.

• She said her private server was permitted under State policy. Mr. Comey said “none of these e-mails should have been on any kind of unclassified system.”

• She said the emails she sent or received weren’t “marked” classified. Mr. Comey said that, marked or not, “participants who know or should know that the subject matter is classified are still obligated to protect it.”

• Mrs. Clinton said she used personal email merely for the “convenience” of using one device. Mr. Comey revealed that she had “used numerous mobile devices to view and send email on that personal domain” as well as numerous servers.

• Mrs. Clinton claimed she turned over all work-related email to State. Mr. Comey said the FBI found “several thousand” work-related emails that were not turned over. He also dropped the astonishing news that Mrs. Clinton’s lawyers hadn’t even read her emails when deciding what to turn in. They relied on “header information” and search terms, and then “cleaned their devices in such a way as to preclude complete forensic recovery.”

• Mrs. Clinton claimed her email was stored in a safe and secure manner, and not hacked. Mr. Comey said “hostile actors” had accessed the private account of “people with whom Secretary Clinton was in regular contact from her personal account.” Her personal email was known about and “readily apparent.”

He said she “used her personal email extensively while outside the United States, including sending and receiving work-related emails in the territory of sophisticated adversaries.” Therefore, he added, “it is possible that hostile actors gained access to Secretary Clinton’s personal email account.”

Despite this list of indictable particulars, Mr. Comey concluded that none of it warrants a criminal prosecution. His justification is that her behavior didn’t meet the standard of “clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.” CONTINUE AT SITE

 

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