Will The Email Scandal End In An Indictment of Hillary Clinton?

For months Hillary Clinton has been saying that her decision to use a private email server at her home instead of using the government email server that is required of all Federal employees, was a decision of convenience and nothing more.

She maintains that she never sent or received any classified information using that email server. Her most recent comments have been framed as no email “marked” classified. The FBI has been investigating her case and combing through her emails as the State Department drips them out over time.

Here is where things stand at the end of January 2016, heading into the presidential primaries.


The FBI is “ready to indict” Hillary Clinton for her handling of classified information on a private email server during her time as Secretary of State, former House Majority Leader Tom DeLay said. “I have friends that are in the FBI, and they tell me they’re ready to indict, they’re ready to recommend an indictment,” DeLay said during an interview for Newsmax TV’s “Steve Malzberg Show.” “And they also say that if the attorney general does not indict, they’re going public. So one way or another, either she’s gonna be indicted, and that process begins, or we try her in the public eye with her campaign. One way or another, she’s gonna have to face these charges.”

Now a Washington Times radio host, DeLay believes the Democratic front-runner for the 2016 nomination is going to face new scrutiny for her prior email use. “The media’s not gonna be able to ignore this when you got FBI agents and others out there, talking about what they got,” DeLay added. Clinton used a home server while she served as Secretary of State — and some of the classified emails found on her server were even more sensitive than top secret, an inspector general for the intelligence community has said.

The State Department is under court order to release the 55,000 emails that Clinton submitted to her former agency that were on her home-brew server and were not personal. Almost all have been released, with the last batch expected Jan. 29 — but the State Department asked a federal court for a one-month extension, citing a complex review of some messages across different agencies of the government.

Some of the most contentious emails haven’t yet been published. They include two that an intelligence community auditor says are “top secret” and others he claims are even more sensitive, containing information from so-called special access programs. Such programs suggest the emails could reveal details about intelligence sources. – via NY Daily News

Will The FBI Protest If The DOJ Does Not Indict Hillary Clinton?

There has been much discussion coming out of the FBI in recent weeks about the high number of Hillary Clinton’s emails that contain information that is considered classified on one level or another. Some officials are very upset about the level of information put at risk by passing through an unsecure server. Many people wonder what the FBI will do if they request an indictment and the DOJ does not act.

Could the Hillary Clinton e-mail saga end with FBI Director James Comey resigning in protest?

Ken Cuccinelli, the former attorney general of Virginia, knows the laws regarding classified information firsthand. In his private practice, Cuccinelli defended a Marine lieutenant colonel court martialed on charges of possessing such information outside a secure facility. He says Clinton’s actions in the e-mail scandal clearly satisfy all five requirements necessary to sustain charges of mishandling classified material, and constitute a breach perhaps even more glaring than the one for which General David Petraeus was convicted.

Like Petraeus, Clinton was clearly “an employee of the United States government.” Like Petraeus, Clinton obtained and created “documents and materials containing classified information” through her work at the State Department. In response to a Congressional inquiry earlier this month, I. Charles McCullough, III, the inspector general of the intelligence community, declared that an intelligence official examined “several dozen e-mails containing classified information determined . . . to be . . . CONFIDENTIAL, SECRET, and TOP SECRET/SAP information” residing on Clinton’s server. (SAP is an acronym for ‘special access programs,’ a level of classification above top secret.)

Like Petraeus, Clinton “knowingly removed such documents or materials.” Cuccinelli points out that she actually committed this crime on a significant scale three separate times: First, by setting up her e-mail system to route messages to and through her unsecured server, then by moving the server to Platte River Networks, a private company, in June of 2013, and then by transferring the server’s contents to her private lawyers in 2014.

There is no time limit on how long Attorney General Loretta Lynch and the DOJ can take in reviewing the FBI’s recommendation and the evidence on which it’s based. But if the Department of Justice gives the signal that they’re going to ignore the FBI’s investigations, or drag out their own review past election day, Cuccinelli — along with Judge Andrew Napolitano, Roger Stone, Charles Krauthammer, and other observers — predicts that Comey will resign in protest, and other high-level FBI officials could follow him out the door.
– via National Review Online

What do you think the DOJ will do if the FBI asks for an indictment?