By Capt Joseph R. John, July 6, 2016

Federal Prosecutors, Law Enforcement Officers, and most clear thinking, law abiding citizens throughout the nation are concerned with the FBI Director’s decision to decision to summarily acquit Hillary Clinton.  FBI Director James Comey stated that Hillary Clinton sent and received Secret, Top Secret, and Compartmented messages on her unclassified private E-mail server, and went on to say “we believe that hostile actors gained access to the private commercial E-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account.”  The FBI Director also stated that Hillary Clinton was “extremely careless” (another way of saying “grossly negligent”) in handling and transmitting very sensitive classified information.

Hillary violated US Federal Laws, violated National Security Statues, and put the National Security of the United States at risk; some of her staff handling the server and the messages didn’t have proper security clearances.  Many of the 24 million Americans who served in the US Armed Forces and handled classified messages, would have been prosecuted if they illegally destroyed 30,000 messages, and transmitted & received 110 messages containing clearly marked classified information, from an unclassified server.  

Hillary’s actions demonstrated “gross negligence”; “gross negligence” is a “felony.” Over a 4 year period, Hillary Clinton repeatedly violated federal statues governing the handling of over 100 Secret, Top Secret, and compartmented messages. The FBI could have easily met the standard to prosecute Hillary for her “negligence” in handling Secret, Top Secret, and Compartmented messages.

The central flaw in the acquittal of Hillary was “Intent.”  Intent “does not” matter in US Federal Laws governing the handling of classified material.  Thousands of Americans have been prosecuted for “mishandling” classified material—never having had “Intent.”  

The FBI Director’s findings revealed that Hillary Clinton misled the American people over and over again.  Director Comey contradicted Hillary repeated statements on national TV when she said that she never transmitted or received classified messages on the unclassified server in the basement of her home.  

This final decision in the Case of Hillary Clinton brings into question the manner in which this case was resolved, brings into question the judgment of the FBI Director, and demonstrates to the American people that in the Obama administration there is “Not Equal Justice Under Law” because thousands of Americans have been convicted and sent to prison for doing much less than Hillary Clinton did.  

A cautious FBI Director should have impaneled a Grand Jury, then he should have referred the findings of the investigation to the Grand Jury.  Violation of the Federal Statues should have been considered by the Grand Jury, and the FBI Director should have announced the Grand Jury’s decision to the American people.     

The decision by Director Comey to summarily acquit Hillary for her actions over a 4 year period in illegally destroying 30,000 messages, while transmitting and receiving over 110 messages containing clearly marked classified information, on an unclassified server in her home, was a miscarriage of justice that “Violated the Rule of Law.”  Director Comey’s summarily acquittal of Hillary Clinton damaged the fine reputation of the FBI.

Copyright 2016, Capt. Joseph R. John. All Rights Reserved. This material can only be posted on another Web site or distributed on the Internet by giving full credit to the author.  It may not be published, broadcast, or rewritten without permission from the author