I Believe Hillary Clinton Is An Unindicted Felon… (For Now)

Way back in the Stone Age, when I was in the Army, I worked in Military Intelligence and had a Top Secret security clearance. Unless in the intervening decades the rules regarding the safeguarding of classified materials have become incredibly relaxed, there’s no doubttop secret in my mind that Hillary Clinton is unquestionably guilty of violating the applicable laws regarding the handling of such materials.

But I’m not interested in focusing in on that particular aspect of the matter. The news coverage has made much of the fact that the FBI and other investigative entities (inspectors-general, etc.) have been carrying out their own inquiries into these matters, and that the results may be referred to various prosecutorial bodies for criminal indictment and prosecution.

All of this has led to speculation of what would happen if the FBI (or another agency) made a criminal referral – meaning a submittal of the evidence with a recommendation that criminal prosecution take place – to the Justice Department (the appropriate agency as this is a federal matter), which is currently run by an Obama appointee, Attorney-General Loretta Lynch.

Clinton herself – a lawyer, it must be noted – has put forth two excuses for her actions. The first is that none of the material was “marked” with a classification when she illegally handled it through her private email server. This is legalese for saying “yes, I actually did it, but pay no attention to the man behind the curtain”, because in reality the law itself doesn’t make any such distinction. If material is even POTENTIALLY classifiable it must be treated as if it IS classified until the matter is clarified and ultimately determined.

vast right wing conspiracyHer second excuse is the hoary time-worn Bill Clinton Era “vast right-wing conspiracy” nonsense. According to her, unnamed conspirators are ginning this entire controversy up to derail her presidential aspirations. The problem for her again, just as it was when her husband was President, is that it’s simply an absolutely ridiculous claim that would require completely unrelated – and beyond improbable – groups of people to coordinate their efforts, all while operating sub rosa, none of whom actually know each other, involving the press, government officials, elected officials, the FBI and all the hundreds of agents THERE working on the case, to coordinate their efforts while making sure that there’s not one single leak about the existence of such a conspiracy. Not to mention that such a conspiracy would have to include such conservative bastions as the New York Times, LA Times, CNN, and USA Today.

And, oh yeah… Fox News.

Now that we can leave Fantasy Land behind, let’s take a quick look at what these investigations mean in the REAL world.

If, as I expect, the FBI refers the case to the Justice Department for criminal prosecution, Obama and his minions will be faced with three possible courses of action.

1.  Submit the case to a Federal Grand Jury to secure an indictment, and prosecute Clinton on the charges. Perhaps appoint a special prosecutor to handle the case to avoid any appearance of impropriety. This would be the proper course to take, and regardless of thegrand jury outcome Obama would immunize himself from accusations of favoritism or corruption. As Clinton herself stated during her January 17th debate with Bernie Sanders, no one is “too big to jail”. Certainly David Petraeus can attest to that fact, and his offenses were far less egregious.

2.  Quash or ignore the criminal referral. Try to bury it. Exercise “prosecutorial discretion” and refuse to act on it. There are several problems for Obama and Lynch with this course of action. The most obvious is that it would rightly be seen as an act of pure politics, overtly corrupt in nature, and both Obama’s and Lynch’s reputations and legacies would be permanently tarred by such an act.

Had this scandal simply faded away over time, that tactic could have worked. As with other scandals in this administration, it would have become “old news” not worth pursuing, and it was “time for everyone to move on”. But that hasn’t happened, and at the rate the revelations just keep on dribbling out, I don’t think it ever will until some kind of action takes place as a result.

Further, there are a lot of people in the FBI, people of real principle, who won’t let the matter drop if the Obama people refuse to act on a legitimate criminal referral. I have no doubt that under those circumstances details would “leak” to the press and various congressmen. All of which would result in the sliming of Obama’s name along the lines of Nixon’s Watergate episode. Frankly, I don’t see an egotist like Obama allowing the actions of Clinton to affect his own perceived “legacy” in such a negative manner.

3.  Obama could issue a blanket pardon. This action comes attached with all the negativePardon 2 implications for Obama of the previous option, with no upside for him. I think that it could still allow Clinton to legally continue her run for office, but I can’t imagine her actually getting anywhere as a pardoned felon, or even misdemeanant. As outrageously ambitious as she is, I think even she would withdraw from the race at that point. Even for Dem/socialists there are some things impossible to overlook or ignore, and a blanket presidential pardon for crimes of this nature is one of them. Her dream of becoming President would be dead.

In my estimation the fundamental underlying issue that’s going to determine how this matter proceeds is Obama’s own overarching self-interest and egotism in preserving his goal of being viewed favorably by history. Far from being a man who takes responsibility for the failures of those in his administration, he’s known for being quick to throw anyone under the bus if their actions reflect badly on him. I fully expect a prosecution to move forward.

This doesn’t bode at all well for Clinton’s political ambitions, but for once – in this instance – Obama’s ego actually could work to the benefit of the country as a whole. Even if it’s in spite of himself.

 

©Brian Baker 2016

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46 comments on “I Believe Hillary Clinton Is An Unindicted Felon… (For Now)

  1. An awesome article Brian. The gall and chutzpah of the Clinton cartel is beyond most sensible peoples ability to comprehend.
    What is going to be interesting is, that there’ll probably be nothing done until after the NH primary and the Iowa caucuses. And if she does go under indictment after those, Life in Politics could get very interesting, indeed.
    And the fall out will affect BOTH parties, and probably destroy the credibility of both, and destroy the demoncrap party for decades to come.
    Just my two cents – 😀 Keep the change.

    • BrianR says:

      Thanks very much for those kind words, Fogie. I really appreciate them.

      “Interesting”, indeed! Because that column’s already a thousand words, I didn’t even go into those political aspects, but I can see this as a possibility. A couple of primaries take place, and the criminal referral is sent to the DOJ. Now Obozo has a choice to make: prosecute or not, as I wrote in the column.

      But if he DOES decide to prosecute, now he has another “opportunity”. Biden’s been making noises about how he “wishes” he’d decided to run. Sounds to me like smoke signals meaning “I can be drafted”. So Obozo prosecutes, Clinton’s out of the race, Sanders has absolutely zero chance of winning the General Election, primary votes are split between him and O’Malley, the Dems now have an “open” convention with a lot of uncommitted regular delegates and a whole bunch of “super delegates”, and so what happens?

      Obozo takes the podium and starts a “Draft Joe” movement. Voila! Biden’s the Dem candidate!

      Obozo and the Clintons NEVER got along in the first place, he gets to get her out of the picture (and his life and legacy) once and for all, and his buddy Crazy Uncle Joe is right there ready, willing and able to carry on the Obozo “legacy”! Win-win-win for Obozo right down the line.

  2. AfterShock says:

    This is Hillary Clinton… I do not believe for a second that she would get herself into this position without having something over Obama, something that implicates him. I wondered, regarding Benghazi, why they allowed the consulate to be taken. It made no sense at all especially given the minimal action called for was to conduct fly-overs, enough to scare the hell out of the rebels and maybe buy some time. That got me to thinking… perhaps there was evidence and at least one witness to the real purpose for keeping the consulate open that Clinton/Obama wanted destroyed. Someone there had documents that combined with their own testimony, could or would destroy the Obama administration, not just be an embarrassment. Hillary and Bill have made it through decades of treasonous activity, not to mention every day lawlessness. At every critical juncture they’ve managed to have something damaging on just about everyone potent enough to keep their asses out of jail. From white-water and Hill’s pork futures jackpot right through the bimbo eruptions,Lewinski,,transfers of our tech to the Chinese via Loral and beyond. Perhaps they have direct evidence linking Obama to all the illegal and unconstitutional schemes he and Holder hatched as well as what really was happening in Benghazi. Hillary is definitely the type in my opinion, to say if she goes down, everyone else goes down with her. Therefor I’m betting Obama takes the full pardon route. His legacy is just as apt to be written in history as a disaster already, the Iran deal, fast and furious, release of Iranian nuclear experts from gitmo, release of 5 top al qaeda/ISIS strategists and Generals, Obamacare… I don’t think pardoning Hillary looks like a bad option for him at all. He’d use the bully pulpit to explain to the Demoncrat base that there was a vast right wing conspiracy, led by the likes of Donald Trump, Ted Cruz and every other high profile Republican and conservative out there, It would be just scummy and villainous enough to ensure he becomes UN Sec Gen. He’d just be proving himself to be exactly their kind of guy!

    • BrianR says:

      Could be, Shocky, but again, look at the political opportunity for him as a “kingmaker” at an open Dem primary if Clinton’s out of the race.

  3. AfterShock says:

    Here’s the thing, Brian, If they prosecute Hillary, and they just might, if Hill has any evidence at all implicating anyone in the Obama admin, including Obama, it will come out in discovery. Prosecuting Hill is likely more dangerous than pardoning her. She may well be indicted for show, as well as to get her out of the race (she’s really their worst candidate not Sanders who is getting the base excited) but it’s not in the administration’s best interest to bring this to trial. Once the Obama admin is out of office they’re all far more vulnerable to evidence via discovery than while in power.

    • BrianR says:

      Well, I STRONGLY doubt if there’s anything to “implicate” anyone about anything. This has already been a scandal-ridden admin, what with Fast & Furious, the IRS scandals, and everything else. If there was anything to “get”, don’t you think Trump or the Bushes or the GOP or someone else would have already gotten it? So, frankly, in my mind that kind of falls into “conspiracy theory” territory.

      Also, if this ever came to trial, there are rules of evidence in play, and anything not DIRECTLY applicable to a case is irrelevant and not allowed to be presented. So it’s not some opportunity for Clinton to try to smear Obozo with just anything she feels like bleating about.

      Lastly, I strongly suspect that, once charges are filed, she’ll cop a deal, just like Petraeus did. That’s why he didn’t do any actual time.

  4. Nee says:

    Oh boy. You nailed it. HRC does not own an ounce of integrity. Therefore, I put upon you that she would never, ever bow out of this race for office because the need she has for power outweighs anything. The only possible way she would not continue is to be formally charged. Should those in the FBI with principles (from my lips to God’s ears) charges fall on deaf prosecutorial/Presidential ears, well— then bring on the doom. We will truly be effed as then, NO ELECTED PERSON EVER in DC will be held accountable for anything and thus above the law. Therein lies the rub. And should prosecution and a not guilty verdict happen, more of the same. Effed. Because it sets a precedent. Who would have thought it could come to this? PollyAnna no like. Not. one. bit. Incidentally, I know you have noticed that no democrat ever seems come undone despite their gall and guilt. Teddy, Willy Jeff, Harry Reid, Wiener, Rangel, Dodd, Berger, Emmanuel, Sebelius, Lerner, Koskinen, are a few. But, conservatives are always burned that f*cking stake. It’s just UFB.

    • BrianR says:

      Thanks, Nee.

      Well stated, and that is the problem. But some of the Dems actually do get nailed. Slick Willie pled guilty to perjury. Bob McDonnell of Virginia; Jesse Jackson Jr.; Traficant; Dan Rostenkowski; Frank Balance; others.

  5. Hardnox says:

    Good piece bro.
    I spoke to some spook friends today about those S.A.P. classified documents that Hildabeast had been emailing around. S.A.P. stands for “special access protocol” and are considered to be uber secret and higher than “Top Secret” in classification. These documents are NEVER digitized for security reasons to prevent hacking etc or willy nilly emailing distribution. They are only in paper form. So, she or one of her staff would have had to scan them first in order to email them. That’s a B.F.D. as Plugs Biden would say. Claiming that she didn’t know that these documents were beyond Top Secret is total bullshit.

    They can and should nail her to a barn door over this reckless activity..

    It is inconceivable that her unsecured server was not hacked by bad actors when the CIA, FBI, Pentagon, etc. get hack hits 10,000 times per day each. We can safely assume that her home brew server was vacuumed of any and all data on a daily basis. Maybe the FBI should ask the Russians or the Chinese for a copy.

    Seriously, this is beyond irresponsible and it most assuredly has led to operatives being terminated in the field plus will have long term intelligence implications beyond predictions.

    • BrianR says:

      Thanks, Nox.

      Ooooooh, yeah… you’re absolutely right. Back in my day there were levels of classification even higher than TS, too. Crypto was one of them, and I wasn’t allowed anywhere near Crypto docs. There was a whole big rigamarole you had to go through to even SEE one of those things. I’m sure SAP is some kind of modern equivalent. Crypto docs weren’t even allowed to be copied. EVERY SINGLE COPY had a serial number, and every one’s location had to be accounted for at all times. Absolutely no exceptions. I can’t imagine these SAP docs were treated any lighter.

      That’s why I’m pretty sure this thing isn’t going to go away. The public and the press STILL don’t grasp how egregious this security violation really was. But any feds investigating it do, and they’ll be outraged if something’s not actually done about this.

      • P.A. Locke says:

        Ever wonder why FBI Director James Comey, jr. won’t make a criminal referral about Hillary Clinton to U.S. Attorney General Loretta Lynch? Has anyone looked at the former employer of U.S. Attorney General Loretta Lynch, and Hillary Clinton’s chief of staff at the State Dept., Cheryl Mills? They both worked at the D.C. law firm of Hogan and Harston, which prepared tax returns for the Clintons and did patent work for a software firm that played a role in the private email server Hillary Clinton used when she was secretary of state. Lynch and Comey both served as U.S. attorney in New York, Lynch for the Eastern District of New York, and Comey for the Southern District of New York. They crossed paths in the investigation of HSBC bank, which avoided criminal charges in a massive money-laundering scandal for which the bank paid a $1.9 billion fine. HSBC bank is the preferred money laundering depository for the Sinaloan drug cartel. FBI Director James Brien Comey, Jr. use to be on the Board of Directors of HSBC bank. This just keeps getting better!

      • BrianR says:

        How “coincidental”.

  6. gunnyginalaska says:

    Killary should have been indicted long ago but releasing SAP information over unclassified means? THAT ALONE is 20-Life. There are two kinds of SAPs, one is the “black” one where the USG won’t even admit it exists and two is the known kind, i.e, the SR-71 at skunk works. By not relieving her instantly and openly complying with the investigation, Obama and Eric Holder and Lynch are culpable.

  7. gunnyginalaska says:

    BTW, excellent essay.

  8. Grey Neely says:

    I believe that the Justice Department (as directed by Obama) will not take any action until AFTER the first couple of primaries.If Obama sees that Hillary is losing to Sanders, then I believe that the Justice Department will go after her. As you noted Brian, too many people in the FBI will demand that Hillary be charged. If she wins the first couple of primaries, then it is another problem.

    But there are many possible solutions to a winning Hillary (who is also a felon). Obama and the DNC know that these type of charges will destroy any chance of her being elected. Several rumors have already surfaced about Hillary having major medical problems. Obama and the DNC might allow Hillary to “succumb” to a real or imagined health problem to remove her from the election. She might even be given the chance to voluntarily stop her presidential run due to health problems.

    In any case, I really don’t believe that Hillary (as of 01/24/2016) has any chance of winning the White House.

    • BrianR says:

      I agree, Grey, that she’s more than likely not ever gonna sit in the Oval Office. That woman’s got more baggage than an ocean liner.

      Even if, as you say, Obozo and Company try to give her a face-saving way out by withdrawing for “health reasons” or whatever, that still won’t solve her problem if the FBI guys raise hell about a lack of prosecution.

      Again, consider Petraeus.

  9. Kathy says:

    Great piece, Brian and the way you stated it made me wonder if the FBI is purposely feeding it to the public in bits and pieces in order to prevent it from becoming ‘old news’. Just remembering the Benghazi headlines that were hot and heavy at first then started to taper off and now it’s often referred to as old news although we never got the whole story.

    I question the importance O puts on his legacy. Is it really important to him what others think as compared to what he thinks of himself and what he could put on a resume to the UN regarding his accomplishments?

    Lastly – I have to wonder where he stands in regard to Hillary now that Soros, via his Move On folks has endorsed Bernie. ‘Course that will depend on what Valerie and George tell him to think about her.

    Whatever happens, I’m still seeing option 2 as a possibility – those people of principal in the FBI just don’t have the clout the lady puppet at the DOJ does.

    • BrianR says:

      Thanks, Kathy.

      That’s a very interesting idea, about insiders leaking info to keep the story alive. I think you may very well be onto something there.

      Re Obozo and Soros et al: once again, there’s never been any love lost between the Clintons and Obozos. In fact, my understanding is that they pretty much can’t stand each other. That’s one of the elements that make me think that he’s not going to expend any effort to save her.

  10. captbogus2 says:

    Okay. Rush has talked extensively on this. He said, and I believe, that if the FBI recommended indictment and the DOJ failed to take appropriate action there would be a revolution in the FBI that would shake the core of the DOJ. As for the pardon there is a precedent set against such. Wasn’t it Attorney General Mitchell who went to prison and Nixon did not pardon him. As for Obama’s legacy. I don’t see much there unless it’s in his own mind.

    • BrianR says:

      Hi, Buck.

      That “revolution in the FBI” is what I allude to in my essay. I don’t listen to much talk radio anymore, so I’m glad to hear that Limbaugh’s on the same page. Just shows how smart HE is!

      LOL

      Yep, John Mitchell did go to prison. Hell, think of Scooter Libby, too, while you’re at it. Bush commuted his prison sentence, though he left the conviction intact.

      Nixon was, of course, already disgraced and probably thought that pardoning Mitchell would have confirmed the corruption in his administration of which he was accused, and which he kept denying. It would have been a tacit admission that his accusers were right. I don’t see him doing that, as he kept trying to rehabilitate his legacy right up to his death.

      And Bush didn’t actually pardon Libby.

      Though I agree with you wholeheartedly that Obozo’s legacy IS all in his own mind, that guy’s the ultimate egotistical sociopath, so what’s in his own mind is all that counts to HIM.

      I don’t much care whether or not that sow Hildebeeste actually does time. I just want to see her indicted, and either pled out or convicted. Petraeus didn’t do time, either; he got a couple of years probation. But that’s all it takes to kill her off as a viable political entity, and I’ll be happier than a pig in s*** with that.

  11. Scott says:

    That was quite a good read Brian. thanks

  12. Staghunt says:

    Brian, I truly appreciate the piece. Although I would love to see at least “something” being done, (1,2 or 3), I don’t think anything will result in Hillary being disgraced in any way. All indications are that the director of the FBI is a straight shooter, however I believe influences will be brought to bear to quell any referral of criminal activity. Somehow, the “Strongly Worded Letter” will be the result, and both Obama and Hillary are free and clear. The resultant “firestorm” will only be discussed in the right wing media…and soon become the old news. I am truly in deep despair for our country. I am a 22 year vet and I am also familiar with the handling of classified material. None of that matters to the low information voters….and people with no honor or dignity.

    • BrianR says:

      First of all, Staghunt, thanks for taking the time to read my piece, and even more so for taking the time to comment. I really appreciate both, and your kind words.

      Welcome to The Island.

      You could well be right about Clinton, and I could be all wet. I’m always the first to admit that I don’t have a crystal ball. If I did, I’d have awakened this morning as a Lotto winner. Sadly, I didn’t. Bummer!

      But I’ve seen a couple of events take place this past week that give me hope. Early in the week, Obama had a White House meeting with Bernie Sanders, something he hasn’t done with Clinton. Then he announced he wasn’t, at least at this point, going to endorse any candidate. By themselves, those are both bad signs for Clinton. Two days after his Sanders meeting, the State Department itself announced that Clinton’s illegal email server had a bunch of Top Secret emails on it, some of them so classified that they couldn’t release them under the FOIA order. Very bad news. Then Friday, during his press briefing, Josh Earnest made a very tepid announcement that at least as far as the White House was “aware”, Clinton wasn’t the “subject” of an FBI investigation. That was a very CYA announcement, as I read it, paving the way for Obama to take his usual tack, later down the road, of having been in the dark about the malfeasance of yet another of his underlings.

      When you put all of those things together, I take them as signs that Obama’s preparing to throw Clinton into the path of an oncoming train. I guess we’ll see over the course of the next couple of months or so.

      As to the low-info voters: Amen, bro!

  13. Staghunt says:

    Brian, thanks fore the quick reply and the welcome to The Island!

    With the revelations that Obama had indeed communicated with Hillary via her illegal email account, do you suppose that would ever become an issue that ensnares him in this? I think we can agree that Obama will do everything he has to do, to keep his hands clean. But again, this assumes that the FBI will in fact find in favor of a criminal referral.

    • BrianR says:

      I don’t see him accepting any responsibility, or getting sucked into it. This is the guy who learns about everything that goes wrong by reading about it in the newspapers, right? Which is why I think that if charges get referred, he throws her under the bus. ANYTHING to keep his own name pristine. Not only does the buck not stop at his desk, but he never even knows what the buck is.

      There are just too many people involved in these investigations to keep quiet if charges are found to be justified, and the cover up is always a WAY bigger deal than the actual misdeed, as history has shown. There are too many people involved, a whole bunch of whom won’t be in the least interested in keeping silent just to protect Obama, and especially Clinton.

      If they refer charges, it will definitely come out. And if it comes out, I don’t see Obama accepting the heat for Clinton’s actions. It was one thing for him backing Holder on Fast & Furious; that was a policy. But he sure didn’t back Lerner on the IRS deal, other than to let her retire without any further action. A MAJOR security breach like this? I don’t see him giving her a wink and a nudge and letting it go.

      Remember, last Friday it was the State Department itself that broke the news about this latest batch of emails. She’s gotta be pooping her Pampers right now.

  14. captbogus2 says:

    I agree. I think Obama will let Hillary go down the tubes. After all there is no love lost between the Clintons and Obama. Obama is a vindictive sob and part of it might be Obama still smoldering over the statement Clinton made to a colleague back in ’08 that wasn’t so long ago Obama would have been bringing them coffee…. Which is okay with me all the way around.

  15. jevica says:

    Brian;

    I would love to see HRC go to prison for the email scandal, but I believe the BHO administration, the Democrats in power, along with the media will never allow it to happen, as usual the PSP will do nothing to push it.

    • BrianR says:

      Jev, I agree prison is unlikely. Petraeus didn’t do time, and neither did her husband for perjury.

      I’ll settle for an indictment and a plea agreement. That would suit me right down to the ground!

  16. jevica says:

    Brian;

    Anything new coming out soon? As I posted above there might be some kind of maybe wrist slap, I don’t think that there will be any indictment. Please don’t anyone get me wrong I believe she should go to prison, but with the present situation I don’t think it will happen. Here in the real Liberal bastion of NYC, I should just send these FOOLS all my $$$$.

    I hope that the PSP will have the balls to stand up to HRC and not be afraid because she’s a woman. They can’t be scared like they were of BHO because he was black.

    Sitting here with the wife watching the View, wife loves it, I try to not talk politics with her. Brian hope everyone is ok, be well.

    • BrianR says:

      Jev, I haven’t focused in on a new topic yet, so I don’t know when I’ll be putting up a new one. I have several ideas I’ve been tossing around, but have been kind of distracted by other things lately. But stay tuned!

      The View? Ugh! You have my sympathies, pard.

  17. Great piece Brian, thanks. We are now closer to the General election and still nothing is being done to Mrs. Clinton. There is a point that in my opinion is being overlooked. Mrs Clinton is a security risk and could be a target now for blackmail as her security clearance (should) be revoked. Imagine her a a sitting president, she is left open to any amount of blackmail by foreign government agents, or anyone else who has seen those so called deleted emails. The people should be outraged and should not allow someone who has blatantly disregarded all protocols associated with her position as Secretary of State.

    • BrianR says:

      Hi, Michael.

      Welcome to the Island, and thanks for the kind words. I appreciate them very much.

      Naturally, I couldn’t agree more with your position, and I think you not only nailed it, but raised another very germane and dangerous aspect: her vulnerability to blackmail.

  18. Chas Youngs says:

    The Washington Insider Oba-nomy
    have worked hard to destroy
    our economy…
    20 Trills a bad joke….
    we’re jobless and broke,
    VOTE TRUMP !
    ’cause they need a
    Lobotomy
    *************************************
    It matters not, crimes that we’re smell’in
    She says: “I don’t know”.. (She ain’t tell’in.)
    When backed to the wall,
    Say’s: “I don’t recall”.
    Because Hillary Clinton’s a felon.

    Vote Trump / Pence
    Save your Country

  19. Chas Youngs says:

    Please,

    Be careful when you vote….

    There is an unindicted felon
    on the ballot….
    *************************

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