Development on Clinton Email Probe?

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buckshot24

Diamond Member
Nov 3, 2009
9,916
85
91
He didn't say crimes. He said potential violations of the statutes that he refused to call criminal. There is a difference.
Right, he didn't say crimes. Do you think he was talking about civil violations of statutes? Which ones?
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
Ok now I understand. Your argument is that because Comey arguably contradicted the FBI decision in his statement, that should not be taken into consideration. Off the record if you will. Maybe he was just throwing a sympathetic bone to the vast right wing conspiracy.
In this country, resolving what you perceive as a contradiction between FBI press conference and their final recommendation, is not sufficient reason to indict someone.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Right, he didn't say crimes. Do you think he was talking about civil violations of statutes? Which ones?

I have no idea & refuse to speculate. All I know is what he said & didn't say, a line you're trying to obscure.
 

buckshot24

Diamond Member
Nov 3, 2009
9,916
85
91
I have no idea & refuse to speculate. All I know is what he said & didn't say, a line you're trying to obscure.
At least she's got that going for her. Right? Maybe these are just civil, could be. There was evidence, according to Comey that laws were broken, potentially.
 

Venix

Golden Member
Aug 22, 2002
1,084
3
81
He didn't say crimes. He said potential violations of the statutes that he refused to call criminal. There is a difference.

He said, "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case." A prosecutor "bringing a case" means criminal charges.

He also described the statutes in question earlier in his statement. Violation of one is a felony, the other a misdemeanor.

There is evidence that she potentially violated those statutes. There is insufficient evidence of criminal intent, or of the level of gross negligence required for a successful prosecution. The FBI essentially ruled that she's a reckless, incompetent buffoon, but not a criminal.
 
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Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
He said, "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case." A prosecutor "bringing a case" means criminal charges.

He also described the statutes in question earlier in his statement. Violation of one is a felony, the other a misdemeanor.

There is evidence that she potentially violated those statutes. There is insufficient evidence of criminal intent, or of the level of gross negligence required for a successful prosecution. The FBI essentially ruled that she's a reckless, incompetent buffoon, but not a criminal.

And, uhh, so what? I didn't see "reckless incompetent buffoon" anywhere in the statement, either.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
At least she's got that going for her. Right? Maybe these are just civil, could be. There was evidence, according to Comey that laws were broken, potentially.

He said "No reasonable prosecutor would bring such a case". Why is that so difficult to understand & accept?
 

Venix

Golden Member
Aug 22, 2002
1,084
3
81
And, uhh, so what? I didn't see "reckless incompetent buffoon" anywhere in the statement, either.

You said:

"He didn't say crimes. He said potential violations of the statutes that he refused to call criminal."

But Comey explicitly said that violating the statutes is a felony/misdemeanor. His statement about "potential violations" is noting that the FBI has discovered evidence suggesting that Clinton may have violated those statutes (i.e. committed a crime), but that the amount of evidence is insufficient for a successful prosecution.

Specifically, a prosecution under these statutes requires two elements: 1) mishandling classified information; 2) intent or gross negligence. The investigation determined that Clinton undeniably mishandled classified information. It did not uncover sufficient evidence of intent or a criminal level of negligence to support a prosecution. Hence Comey's statement.

In any case, a "potential violation" of a criminal statute is certainly identical to a "potential crime."
 
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woolfe9998

Lifer
Apr 8, 2013
16,189
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Gross negligence is not the same thing as ordinary negligence. It's much tougher to prove in court. Proving it beyond a reasonable in a criminal proceeding is even tougher than proving by the civil standard. No reasonable prosecutor would pursue this because they very likely would not win.

This is something I think people don't realize about prosecutorial decisions. The main thing that matters to prosecutors is that they pursue cases that they feel near certain they will win. Their win/loss record is what defines them as success or failure.

Now for my personal opinion. I have no interest in the state spending tax payer money to prosecute a crime of neglect that has no proven negative consequence. If it's intentional, then yes. If it's unintentional then I want to see harm or it should probably be a fine or misdemeanor. Again, this part is just my personal opinion.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
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I understand and accept them, it just doesn't matter to the point being made.

There is no greater point to be made. That cuts straight to the heart of the matter in an unequivocal way.

"No reasonable prosecutor would bring such a case." Done and done. Finito. End of subject.

Other than the back biters. Poor bastard gets to deal with them tomorrow in the HOR.

I doubt that HOR Repubs can refrain from making fools out of themselves so it's all good.
 

Venix

Golden Member
Aug 22, 2002
1,084
3
81
Gross negligence is not the same thing as ordinary negligence. It's much tougher to prove in court. Proving it beyond a reasonable in a criminal proceeding is even tougher than proving by the civil standard. No reasonable prosecutor would pursue this because they very likely would not win.

This is something I think people don't realize about prosecutorial decisions. The main thing that matters to prosecutors is that they pursue cases that they feel near certain they will win. Their win/loss record is what defines them as success or failure.

Now for my personal opinion. I have no interest in the state spending tax payer money to prosecute a crime of neglect that has no proven negative consequence. If it's intentional, then yes. If it's unintentional then I want to see harm or it should probably be a fine or misdemeanor. Again, this part is just my personal opinion.

I agree. A prosecution here would have been a waste of time and money. Administrative sanctions like loss of security clearance or loss of job would be appropriate penalties, but the reality is that Clinton is unlikely to receive any punishment. I imagine that she's also not likely to reoffend, though.
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
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In this country, resolving what you perceive as a contradiction between FBI press conference and their final recommendation, is not sufficient reason to indict someone.
I can live with that. I can also live with an inquiry into that contradiction so long as it remains professional and within scope.
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
I agree. A prosecution here would have been a waste of time and money. Administrative sanctions like loss of security clearance or loss of job would be appropriate penalties, but the reality is that Clinton is unlikely to receive any punishment. I imagine that she's also not likely to reoffend, though.
^ this, save the reoffend. That which doesn't kill you politically teaches you to be even more sneaky and paranoid
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
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I can live with that. I can also live with an inquiry into that contradiction so long as it remains professional and within scope.

No inquiry will change the validity of Comey's judgement, the important part, so additional inquiry is just spreading the FUD.

What Lynch said today is highly pertinent-

“Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State," she said. "I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation.”

http://www.usatoday.com/story/news/...-lynch-hillary-clinton-emails-comey/86780502/

Unanimous recommendation. No indictments. No chance of knocking Clinton out of the race. Them's the cards. Read 'em and weep.
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
No inquiry will change the validity of Comey's judgement, the important part, so additional inquiry is just spreading the FUD.

What Lynch said today is highly pertinent-



http://www.usatoday.com/story/news/...-lynch-hillary-clinton-emails-comey/86780502/

Unanimous recommendation. No indictments. No chance of knocking Clinton out of the race. Them's the cards. Read 'em and weep.
Lynch already took herself out of play so her decision was largely a rubber stamp to what proceeded it.

Clinton's legal troubles are apparently over from a criminality standpoint, although I still see some politically inconvenient federal court rulings in her future related to FOIA requests.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Lynch already took herself out of play so her decision was largely a rubber stamp to what proceeded it.

Clinton's legal troubles are apparently over from a criminality standpoint, although I still see some politically inconvenient federal court rulings in her future related to FOIA requests.

The part you're trying desperately to avoid is the unanimity of judgement among the investigators & prosecutors. It's like losing in the SCOTUS 9-0.

Well, unless you're ready to impugn the integrity of all of them. Are you ready to go there?

FOIA? That's between the well financed legal assholes like the RNC & the State Dept. Maybe State should just drop everything to comply, huh?

http://thehill.com/policy/technology/282434-state-dept-would-need-75-years-to-compile-clinton-emails
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,266
9,337
146

Lol, indeed. It's creator couldn't even be bothered to get the name of our country right:

Secretary of State Clinton was in direct violation of the agreement between her and the United States of American outlined on the Standard Form 312, section 4. She sent classified information outside of a server with the classification needed to keep the information she was sending secure. Her actions have created a major security violation and could potentially be used by enemies of the state. This petition is being used to reverse the FBI decision and have HRC charged with all of the aforementioned charges, along with any others that are outlined in the SF 312.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
The explanation is in the story.
She not only issued a pivotal joint statement with the Indian government on nuclear technology, she also met with Indian billionaires at the start of her visit. On July 22, she met with Russian Foreign Minister Sergei Lavrov in Thailand to discuss arms control. And yet, if you look at what she claims is her complete email record released by the State Department, on July 18 and July 20 of this trip, she did not send or receive a single email that was deemed work-related.

Could it be that Team Clinton avoided email while she was traveling as a security precaution? Her pattern during other travels doesn’t support that possible explanation. During her 2010 visit to Ukraine on July 1-2, for example, she sent and received 38 emails over both days. During her June 27-29, 2012, visit to St. Petersburg, Russia, she sent and received 65 emails over those three days.
Indian billionaires and Russian arms dealers = big donations & speaking fees for the Clinton Family Foundation = "personal & private" emails. Conversely, if there even are any Ukrainian billionaires they likely have other things on which they spend their money, such as politicians who aren't Putin's bitch. Ain't like they are going to outbid Putin.

Political affiliation is irrelevant.

Listen to what I am saying instead of reacting to it. Why raise the spectre of doubt with admonishment if your intent is to vindicate the suspect?
Disagree. With someone of Comey's stature, being on the opposition party adds weight to his decision. Clearly Lynch would never indict Hillary no matter how red-handed the guilt, but Comey could be counted on to indict her if he would indict a similarly high level Republican on the same evidence. Mostly that's reputation, but his affiliation helps too since it removes the appearance of political partisanship.

So in summary, Comey used language that you yourself admitted was subjective, yet I am invoking Communist Russian justice if I point out that it is not the function of the FBI to make subjective determinations on the rule of law. Apparently the vast right wing conspiracy (VRWC) is out to get Clinton, unless of course a Republican vindicates Clinton as was the case with Comey, in which case a member of the VRWC failed to get the memo, or perhaps "some" Republicans are ok so long as they further your personal political agenda. Of course I am equally partisan in the sense that I don't particularly care for the Clintons, so I will admittedly question the outcome with that bias in mind.

Criticism of Clinton is apparently a vote for Trump, and something something Benghazi, nothing burger, Bush. Questioning a contradiction in language is similarly subjective, but expecting clarity in language is whitewashing. Also I should clutch my pearls and sniff vapors.

Would I care to be indicted under similar allegations? I only ask that the political elite face the same repercussions as the little people. What do you think would happen to a defense contractor engineer or enlisted soldier or someone not of the 1% under similar circumstances?
Certainly a defense contractor engineer or enlisted soldier or someone not of the 1% under similar circumstances would be indicted, prosecuted and probably crushed. However, as much as I'd like to see Hillary indicted and the double standard removed, it would have to start with the Bushies or earlier, back to the limits of the applicable statutes of limitations. Cops don't passively allow people to occasionally run a stop sign and then jump on those who run the same stop sign every day; it has to either be illegal to run it, or not.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
Lol, indeed. It's creator couldn't even be bothered to get the name of our country right:
President Trump is going to build a wall between the United States of America and the United States of American. It's going to be an awesome wall and the United States of American is going to pay for it.

I wonder if that's the one with 57 states . . .
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
Certainly a defense contractor engineer or enlisted soldier or someone not of the 1% under similar circumstances would be indicted, prosecuted and probably crushed. However, as much as I'd like to see Hillary indicted and the double standard removed, it would have to start with the Bushies or earlier, back to the limits of the applicable statutes of limitations. Cops don't passively allow people to occasionally run a stop sign and then jump on those who run the same stop sign every day; it has to either be illegal to run it, or not.
That is the irony in all of this. Rules and expectations around transparency all increased largely in response to the Bush Administration's complete and utter lack of respect for it. Obama rode into the White House on a wave of discontent over this lack of transparency and unethical conduct. He promised change. And his own SoS undermined that very ideal by implementing a system that's only logical reason to exist is to avoid or control transparency. The secure info semantics is simply the gotcha of a broader ethical question. I bet Kerry doesn't have a private email server.
 
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