Federal prosecutors reportedly are expected to try to interview Hillary Clinton and already have started reaching out for interviews with top aides as part of the FBI probe into her personal email use, a sign the investigation is moving into a new and potentially final phase.
The Los Angeles Times reported on the efforts to seek interviews with Clinton and others, while noting this process and the final review could take several more weeks.
If I was Hillary this would be a monstrously-complicated decision – but only because she’s trying to get a “clear” statement from someone that she’s not going to prison. Unfortunately I just don’t see how she evades what, from my understanding, look to be clear requirements of the law that it certainly appears she violated not only repeatedly but intentionally as well.
We now know (because it’s in the public) that Hillary knew her personal handset was insecure and yet she fought to bring it into secure, classified facilities.
In addition others “accommodated” her desire to use her personal account while ignoring repeated security warnings.
The problem with this set of revelations is that you can’t evade responsibility for a breach of classified data handling protocol by claiming someone else knew about it. The obligation is both joint and severable for everyone involved.
The fact that there were apparently repeated spats over her use of her personal email account and insecure devices removes any possibility that she believed she was conforming with any sort of accepted procedure; she knew damn well she was not but “decided” that since she was “Herress Clinton” she could do as she pleased, protocol and law be damned.
The law says otherwise; an individual recipient, no matter who it is, cannot turn around and deem a classified piece of information “not subject to protection” on their own.
I don’t know how Clinton manages to evade what looks to me like a slam-dunk conviction in this case, simply on the basis of what is known to the public at this point, and quite-clearly, there is much more we don’t know.
We’ll see if she “cooperates” with said “requests”…. or if she takes the 5th, which is what I’d expect.
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Contributed by Karl Denninger of Market Ticker.
Karl Denninger is the author of Leverage: How Cheap Money Will Destroy the World. You can follow his daily commentary on capital markets at The Market Ticker and his weekly Ticker Guy Blog Talk Radio broadcasts.