http://www.nationalreview.com/node/430343/print How the FBI Could Force DOJ to Prosecute Hillary Clinton
By Jim Geraghty — January 26, 2016
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.
continued
