The Clintons have a long history of unethical and/or extralegal behavior which need not be recounted. Instead let’s focus on the one scandal regarding Hillary’s unsecured private email server, as it most directly and immediately impacts her electability for the highest office in the land.
Last Call:
I’ll Have a Neat Independent Prosecutor, Please!
Many people understandably believe Hillary won’t be indicted because the Clintons have friends in high places. This alone should be deeply concerning to all Americans, because the message, loud and clear, is that laws are only meant for the “little people,” as Leona Helmsley once referred to us, or as “the folks,” as Barack Obama calls us. The sense that there is so little confidence in honest fact-finding, sound prosecutorial judgment, and fair application of the nation’s laws makes a mockery of our judicial system and is assault on the notion that ours is a land of laws, not men.
To recap, it was reported last Thursday that Attorney General Loretta Lynch was in her plane at a private hangar at the Phoenix Sky Harbor International Airport where, coincidentally, Bill Clinton also happened to be. Apparently, he exited his plane, walked across the tarmac, and entered her plane, where the two talked for about a half hour. What was said, we don’t know, but Lynch reported it was all above board discussions about grandchildren, golf, and a former AG. Maybe. Let’s review the facts most favorable to Lynch. Any communication between Bill Clinton and Lynch, regardless of what was said, was improper if for no other reason than it created an appearance of impropriety, something that should be of great import to the nation’s top attorney. It alone is reason for recusal.
It’s harder to view the facts most favorably to Bill Clinton, given his propensity to obfuscate and history of lying. He’s a lawyer (albeit disbarred), who is or should be knowledgeable of what is considered ethical in the legal profession. This communication clearly was not. Furthermore, he is or should be aware of the DOJ rules governing ongoing investigations and the ethical standards the department must adhere to.
In fact, Bill knows firsthand. It’s doubtful the professional rules or code nor DOJ rules have changed radically since his impeachment in 1998 on two charges: perjury and obstruction of justice. This could be a case where the leopard doesn’t change his stripes, or a case where the boy never learns his lesson.
Maybe Bubba was just being friendly. But Lynch should’ve known better than to be alone with Bill Clinton. After all, an investigation is underway regarding his wife’s maintenance of an offsite private insecure email server improperly holding [deleted] state secrets and where his wife may be facing indictment by the very government Lynch currently, and both Clintons formerly, served, and in which she seeks the honor of being elected president.
Let’s not forget that Hillary’s server was originally in her (and Bill’s) home in Chappaqua, which means that he could theoretically be called as a witness. Let’s recall her domain was registered on the exact day her Senate confirmations began. But maybe these are coincidences?
Nefarious motives aren’t difficult to imagine under these facts. Indeed, a retired Secret Service agent posited his view that it was part of a “soft intimidation” behavior used routinely by Bill Clinton in the White House.
Lynch, to her credit, disclosed the meeting. She probably had to, since a reporter, ABC15 Arizona anchor Christopher Sign, learned about it. He observed people stepping off Lynch’s plane before Clinton boarded for the private meeting. Further, Sign reported FBI officials at the scene called out, “No photos! No pictures! No cellphones!” Sign added he had no idea why they were in town.
Lynch has since tried to assuage any accusations that she’ll be unduly influenced from this meeting by saying she fully expects to follow the recommendations of her staff, but she doesn’t intend to recuse herself. She added she wouldn’t do it again, laughing the ordeal off. If she parses words in a Clintonian fashion, however, “expects” could be a very operative word. Apparently emboldened, the DOJ walked back her comment, adding she would remain “the ultimate decider.”
For his part, Bubba said he wouldn’t do it again, either. This is the Clinton modus operandi: do what you want and apologize later (if you get caught.) Then act dumb or be forgetful and release any bad news on a weekend, preferably a holiday. “Aw shucks Bubba” and “Ole granny Hillary” are masters at that game. The two are too cute by half and two-faced to boot. America deserves better.
Whether Bill’s chat with Lynch gives rise to prohibited ex parte communication (given the possibility of his being a witness in the ongoing email investigation or even a possible defendant in the Clinton Foundation matter) takes a bigger legal mind than mine to fully grok, but minimally, there exists an appearance of impropriety, and possibly, obstruction of justice. Sound familiar?
Hillary has issued excuse after excuse for her insecure email practices, which even frustrated her longtime aide and confidante, Huma Abedin, according to her recent deposition on the matter. The excuses range from something akin to “everybody else did it.” But as any parent has told their child, just because everyone else does something doesn’t mean you should. In this case, it was Clinton’s responsibility, one which she swore to uphold, to keep the nation’s secrets safe.
In fact, Hillary’s server was known by a notorious hacker using the moniker “Guccifer,” who leaked emails of Clinton associate, Sydney Blumenthal, back in 2013. (Wired provided an excellent survey of the problems with the Clinton email arrangement.)
Other excuses included wanting to use just one device for convenience, which was untrue. Or wanting to keep personal matters like her daughter’s wedding private, which wasn’t prohibited–the problem was the server’s insecurity coupled with her not turning over or deleting official or classified emails.
A few dozen more emails have surfaced as late as June 27th. Thanks to Freedom of Information litigation brought by Judicial Watch, we have Hillary’s email in 2009 to Abedin and another state department employee:
“I have just realized I have no idea how my papers are treated at State. Who managed both my personal and official files?…I think we need to get on this asap to be sure we know and design the system we want.”
In late 2010, Abedin emailed Hillary:
“We should talk about putting you on State e-mail or releasing your e-mail address to the department so you are not going to spam.”
Apparently, just such a thing happened, resulting in Hillary missing a call with a foreign minister.
Hillary replied to Abedin by offering to get a “separate address or device but I don’t want any risk of the personal being accessible.”
I wouldn’t be surprised if the FBI investigation ultimately recommends to indict, which is a low threshold. It would only be a recommendation, though, and the Department of Justice (read: Lynch) could, in its prosecutorial discretion, which is considerable, decide not to move forward.
The FBI bureaucracy, with career agents whose reputations are at stake, may not be as enthusiastic about protecting Hillary as the White House or the Clintons themselves are. Should the DOJ fail to follow FBI recommendation, they’ll look like political hacks covering up for the Obama administration. Which is exactly why independent counsel should’ve been appointed as recommended by some lawmakers last year, where the request was denied by the White House. That would’ve been a wise course since it could dispel concern that political motives would be dispositive of outcome. Renewed efforts spearheaded by Rep. Bill Posey (R-Fla.), and others, should be heeded.
Recall back in November 2010, over a quarter of a million diplomatic cables between State and U.S. embassies were leaked to Wikileaks. Hillary condemned this as harmful to international diplomacy. So for at least that long, Hillary was aware of the potential risks associated with electronic communications.
Either classified or sensitive material is important or it’s not. As Edward Snowden observed on Twitter:
“Break classification rules for the public’s benefit, and you could be exiled. Do it for personal benefit, and you could be President. — Edward Snowden (@Snowden) June 1, 2016”
Let’s please not have that happen. This is the last call for Americans of good faith in all parties to insist that the integrity of our judiciary not be undermined, and demand that independent counsel be appointed in this matter without delay.
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July 4, 2016
sua sponte 