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Wednesday, June 1, 2016

Will The Stone Wall Leak? Most Assuredly So!

We are watching the end game of the Hillary Clinton email scandal even though it may not seem like it yet.  The Inspector General's report that came out last week pretty much makes that clear.  It was a detailed and fact-supported report from a source with impeccable political credentials (at least for the Democrats.)  The Inspector General of the State Department was chosen by president Obama; he is not some member of the "vast right-wing conspiracy" and there is no way to spin the story that way.  Indeed, the Clinton camp made a few weak efforts to claim that some third-level staffer was (gasp!) a Republican, but that was it.  The Inspector General is an Obama Democrat with no bias against Hillary. 

And what did this impartial inspector have to say?  In methodical and bureaucratic language, he brushed aside every defense that Hillary and her people have raised on the email mess from the beginning.  The key Clinton defense has been that the email system was "allowed".  The IG says the rules and regulations are clear:  the system was most certainly not allowed.  Hillary and her people also said that her use of the system was well known at the State Department and it was, in essence, approved.  (I say "in essence" because this defense has changed over time.)  The IG says in the report that this too is not true.  In fact, the IG says that the people who would have needed to approve such a system specifically said that they did not know of Hillary's system and that they would never, NEVER, have approved it.  Hillary also said that she and her people were cooperating in the investigation because she wanted the full story to get out.  The IG made clear that Clinton and all her aides refused any cooperation.  Hillary says over and over that previous Secretaries of State did the same thing with email.  The IG says that is not true.  No previous Secretary of State had his or her own system.  While some did have private email accounts, they did not use those accounts regularly for business.  Inadvertent or occasional use in the past is far from the constant and exclusive use that Hillary made of her own email system.

The IG's report does not directly address whether or not Hillary will be indicted or if her behavior was a criminal violation of the Espionage Act.  That is a subject for the FBI.  The IG, however, makes clear that Hillary set up her separate unsecure email system intentionally and contrary to State Department rules and regulations (and the law), and  that she maintained the system despite being warned that she was violating the rules.  Since we know that Hillary's system housed huge amounts of classified materials including over twenty emails containing the highest level secret national security documents, it is indisputable that she stored the nation's secrets in an unauthorized and unsecure way.  Clearly, as the IG reports, she did this intentionally and was warned not to do it.  That meets the standard of a violation of the Espionage Act.  She needs to be indicted.

It seems impossible that the FBI Director will do anything other than recommend an indictment.  Will the Attorney General proceed with that indictment?  I doubt it.  It's hard to believe that Obama would let his administration indict the Democrats' likely candidate now.  But will the recommendation for an indictment and the refusal to proceed based upon politics leak?  You bet it will, and the resulting firestorm will be something to behold.

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