- - Monday, July 18, 2016


Ronald Kessler’s defense of James Comey’s recommendation that Hillary Clinton not be prosecuted is totally without merit and only serves to highlight the degree to which Mr. Comey erred (“Why the FBI let Hillary Clinton off,” Web, July 11).

First, Mr. Kessler discusses Mr. Comey’s exercise of prosecutorial discretion in making the decision — but he does not note that Mr. Comey exceeded his authority in taking that action. In so doing, Mr. Comey usurped the role of the designated Justice Department prosecutors.

Second, Mr. Kessler claims Mr. Comey was justified in reading an intent requirement for prosecution under the applicable statute. In so doing, Mr. Comey usurped the role of legislature to write laws and of the judiciary to interpret them. Third, In a very broad leap Mr. Kessler suggests Mr. Comey acted as he did because he was concerned that a judge or jury might not convict Mrs. Clinton given the fact that she is a presidential candidate. In so doing, Mr. Comey usurped the role of the jurors and once again that of the judge.

Finally, Mr. Kessler suggests Mr. Comey’s action was dictated by his desire not to have the FBI be responsible for the effect of the results of his investigation (to which he should have properly confined himself) on the presidential election process. Mr. Comey has sought to interject himself into that process and usurp the role of the electorate.

Contrary to Mr. Kessler’s conclusion, Mr. Comey’s act was not brilliant and does not reflect well on his integrity.


Silver Spring

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