- - Tuesday, July 5, 2016

In an absolutely stunning move, FBI Director James Comey announced on Tuesday that there would be no criminal referral to the Department of Justice for Hillary Clinton. Comey’s announcement is the latest escape for the Clintons, who have dodged more indictments than your average mafia boss.

Just based on the information that is available in the public domain, a first year law student could have secured convictions against Hillary Clinton and quite possibly Bill Clinton too. The evidence that is in the public domain is indisputable. Hillary Clinton directed her staff to prepare her “home made” server and route all of her email, including classified emails, through her system. The standard for prosecuting cases involving classified information is “gross negligence.” That standard is far surpassed by the Clinton server fiasco.

The idea that Hillary Clinton could run her classified email through a non-secure system is insane. People not named Hillary Clinton have been prosecuted for far less. The reaction in the intelligence community is stunned disbelief. One person in that community, who spoke on the condition of anonymity said, “So I could bring my cell phone to work and run it all thru my [cell phone provider name] home account. Completely different from my understanding of the law during the 15 years I worked in positions in which I handled classified info.”

The real beginning of the scandal goes back to 2009. Hillary Clinton set up her private server for one single reason. She wanted to prevent Freedom of Information Act (FOIA) requests that would demand access to her emails. When Clinton wrote an email as Secretary of State, those were not her emails. Those emails belonged to the government.

The 18 USC 641 covers exactly what Hillary Clinton did. It states: “Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

“Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

Shall be fined under this title or imprisoned not more than ten years, or both;”

This is exactly what Hillary Clinton did. She took records of the United States and converted them for her own benefit. This case is a slam dunk. The proof of it is indisputable. (I’ve served as a prosecutor and criminal defense attorney.)

If we are talking about potential charges for Hillary Clinton, how about perjury as well. On more than one occasion, she signed affidavits indicating that all of her emails had been turned over to the government.

Guess what happened?

That’s right! After she signed those affidavits, under oath and under the penalty of perjury, more documents that she had not turned over, showed up.

The proof that is in the public domain is overwhelming. Anyone not named Clinton would have already been indicted and would be a member of the orange suit club.

Yet, despite the overwhelming evidence of multiple felonies committed by Hillary Clinton, James Comey took a dive on this case so that Hillary Clinton could be the next President of the United States.

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