http://www.nationalreview.com/node/437643/print The Fatal Flaws in Comey’s Theory of Why Clinton Shouldn’t Be Prosecuted
The FBI director is a talented lawyer, but even he could not mount a convincing case for his actions.
By Andrew C. McCarthy — July 9, 2016
In a quarter century in law enforcement, I never encountered anyone more confident, or with more reason to be confident, than Jim Comey. The former Bush Justice Department deputy attorney general turned Obama Justice Department director of the Federal Bureau of Investigation has earned bipartisan plaudits for a reason: He is as able as it gets. The nation got to see that this week: first, in his tour de force press conference both damning and clearing Hillary Clinton; then, just 48 hours later, in his deft jousting with a Republican-led House committee rankled by his decision to give a pass to the Democrats’ putative presidential nominee.
So well did Director Comey perform that you barely noticed his rationale withering away.
In arguing that Mrs. Clinton should not face felony charges of grossly negligent mishandling of classified information, the director illustrated that Mrs. Clinton is overwhelmingly guilty of grossly negligent mishandling of classified information. It made me wonder how many dozens — scores? hundreds? — of defendants Comey, in his 15 stellar years as a federal prosecutor, had convicted on a bare fraction of the proof he outlined against the former secretary of state.
Comey piled fact upon fact showing intentional misconduct — the setting up of a non-government, non-secure e-mail server system for the conduct of official business, in violation of guidelines Clinton was obliged not only to follow but to enforce; the transmission of classified information (including some of the government’s most closely guarded intelligence secrets) — information Clinton had to know was classified at the time it was sent, some of which was even marked classified (notwithstanding her serial denials of that tell-tale fact); the herculean effort to destroy any trace of thousands of government files, notwithstanding over a year’s worth of vows that no government-related information had been included in the 32,000 e-mails she attempted to delete rather than surrender to the State Department.
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