Former US Attorney: Hillary will be Indicted–47jh.,b43
A former U.S. Attorney predicts a Watergate-style showdown in the Department of Justice if Attorney General Loretta Lynch overrules a potential FBI recommendation to indict Democratic presidential candidate Hillary Clinton.
“The [FBI] has so much information about criminal conduct by her and her staff that there is no way that they walk away from this,” Joseph diGenova, formerly the District of Columbia’s U.S. Attorney, told Laura Ingraham in a Tuesday radio interview. “They are going to make a recommendation that people be charged and then Loretta Lynch is going to have the decision of a lifetime.
“I believe that the evidence that the FBI is compiling will be so compelling that, unless [Lynch] agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an attorney general. It will be like Watergate. It will be unbelievable.”
DiGenova is well-sourced throughout the law enforcement community and his assessment has to be taken seriously. But interviews with other knowledgeable Washington insiders present a somewhat less concrete scenario developing around the former secretary of state.
At the center of Clinton’s difficulties is her use of a private email account and a home-brew server located in her New York home to conduct official business while serving as America’s chief diplomat between 2009 and 2013. Several of her closest aides also used the private server.
Clinton clearly didn’t abide by federal regulations requiring officials like her to use government computers and email accounts to conduct official business and take all of the necessary steps to preserve all such correspondence concerning official business.
As first reported by The Daily Caller News Foundation, Clinton emailed Center for American Progress President Neera Tanden Sept. 7, 2010, asking for advice on what she, President Barack Obama and Democratic campaign officials should do to prevent a Republican victory in the upcoming congressional elections.
“Do you and CAP have any ideas as to how to change the dynamic before it’s too late? Losing the House would be a disaster in every way,” Clinton told Tanden. The CAP chief responded at length with clearly partisan recommendations, noted her supposedly non-partisan think tank’s polling efforts to identify winning themes for Democrats and described her conversations relaying her advice to Obama and other senior White House officials.
First, that official said, by not preserving her email records until after she resigned as secretary of state, Clinton avoided an investigation by the Office of Special Counsel (OSC), which handles Hatch Act violations. The reason is simple – OSC has no authority over former federal employees in Hatch Act matters.
Second, by refusing to comply “with Federal Records Act requirements to use an approved system for preserving records, [Clinton] arguably did not engage in political activities while on official duty or while using federal resources because she communicated with a personal computer,” the official said.
In other words, “had Secretary Clinton used a State Department e-mail address and a government computer and had Secretary Clinton complied with federal record-keeping and open government laws, [her] violations would have been discoverable under the Freedom of Information Act and could have been remedied while Secretary Clinton was still in office.”
Thus, don’t expect a Clinton indictment for a Hatch Act violation.