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Above the Law: How Clinton Allies at State and Justice Shield Hillary from Prosecution


For months now, many Americans have been hearing about the F.B.I. investigation into Hillary Clinton's private e-mail server while she served as U.S. Secretary of State. The back and forth comments regarding the ongoing investigation have been confusing to many. The Clinton Campaign has tried to down-play the federal investigation while their candidate is looking at what is sure to be a contested convention in Philadelphia later this summer. Many voters have been trying to understand why, after months of investigation, there have been no direct actions taken or charges filed in this investigation. Some point to "special consideration" or protection of the former Sec/State by close allies or Party loyalists still in the government and who want to see Hillary in the White House. We are finding out that those concerns, which Hillary supporters dismiss as "conspiracy theories" may have actual merit.

For several weeks now, Hillary and her campaign surrogates have repeatedly referred to the entire FBI investigation as "Simply a security inquiry." A characterization that F.B.I. Director James Comey took issue with in a statement to reporters, " “[I am] not familiar with the term ‘security inquiry,’” Director Comey commented. “We’re conducting an investigation. … That’s what we do.” Director Comey was also asked by reporters to address the concerns of government employees with security clearances who believe that Clinton may receive special treatment during the investigation. Many current government employees with security clearances have argued that had they done even a fraction of what Clinton did they would already be in jail.

As it turns out, if and when the F.B.I. find that there were criminal actions committed, any request for a criminal prosecution of Hillary Clinton or the 5 advisors already questioned by the feds would have to go from the F.B.I. to the U.S. Justice Department. Referrals for a federal prosecution would have to be signed off on by Assistant Attorney General Leslie Caldwell, the head of the criminal division at the department, Deputy Attorney General Sally Yates, and the Attorney General, Loretta Lynch. All of whom are staunch allies and supporters of Hillary Clinton or have deep connections with the Clinton Global Initiative or with Bill Clinton.

The most damning case that supports the theory of protection from criminal prosecution for Hillary concerns the Attorney General herself. A.G. Loretta Lynch has, at the very least, multiple professional ties to the Clintons. In 1999, then-president Bill Clinton nominated the current United States Attorney General for the first of her two terms as the United States attorney for the Eastern District of New York, a position Lynch held until she joined Hogan & Hartson, a Washington-headquartered international law firm, in March of 2002. In an additional and extremely clear case of a conflict of interests, Hogan & Hartson (While the current A.G. was with the firm ) filed a patent trademark request on May 19, 2004, for Denver-based MX Logic Inc., which is the computer software firm that developed the email encryption system used to manage former Sec/State Clinton’s private email server beginning in July 2013. At least one tech expert has confirmed that employees of MX Logic could very well have had access to all the emails that went through Hillary Clinton's account. At the very least, these conditions and conflicts of interest serve as grounds for the calling of a special prosecutor, but the Attorney General has declined doing so.

The argument that then Sec. Clinton was aware that her private email server wasn't exactly kosher can be backed up by the fact that, while Hillary was serving as Secretary of State, the State Department had no Inspector General. Many have pointed out that it was highly unusual for the Inspector General of State position to remain unfilled for the entire tenure of Clinton’s term at the department, from 2009 to 2013. Part of the Inspector General's job would have been to oversee and to ensure government entities are not involved in cases of fraud, waste, or abuse. But another function of the Inspector general's office is to make sure government officials at State are not violating communications security provisions. If federal criminal charges were brought to bear on the former Secretary of State, the State Department itself would be implicated with, at the very least, gross negligence and more heads would have to roll. So it makes sense that the State Department would also have reasons for any misconduct to be swept under the rug.

It is no secret that the Clinton Campaign could be scuttled by a federal criminal charge, especially heading into a contested convention. Hillary allies have even admitted that such an occurrence would do damage to Clinton's strangle-hold on the Super Delegate count and give the Super-Delegates serious second thoughts about supporting Hillary at the Philadelphia convention later this summer. Campaigning in the general election while running in and out of a federal court house would also damage Hillary's chances in November. So it should come as no great surprise that Hillary and her allies at both the State Department and in the Justice Department would be willing to shield their friend and preferred candidate from any criminal charges that may arise from the on-going federal investigation.


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