Sunday, October 25, 2015

For Hillary, The Question Remains: "Is She Above The Law"?

After eleven hours of testimony before Congress, there was no question, Hillary dominated a feckless and disorganized Republican Party. In fact, the entire week leading up to the hearing, including hyper-partisan statements and shameless leaks of new information, highlighted the stunning lack of leadership in the House. The Special Committee on Benghazi, was assembled by House leadership after two previous committees (also run by Republicans), completely failed to gain any insight into the horrific events of September 11, 2012. Hillary Clinton's total domination of Republicans last week perfectly illustrates the reasons for the current leadership crisis in the House. The only remaining question is whether she is above the law.

Against the backdrop of the various Benghazi committees, the FBI has been conducting a serious investigation into Secretary Clinton's treatment of classified information. This is the same FBI that indicted former CIA Director, David Petraeus, on a single count of the unauthorized removal and retention of classified information. For those of you who are not familiar with the case, General Petraeus  removed a classified file containing information about him and placed it in a desk drawer where his biographer and mistress viewed it. This is also the same FBI that surreptitiously hacked Fox News Correspondent, James Rosen's, personal emails, ostensibly looking for evidence that he was a "co-conspirator" with a source critical of Administration policy. The warrant was issued under the Espionage Act, it was improper, and the FBI dropped the investigation after the public outcry.

Hillary Clinton, in contrast, had more than 300 classified emails on a personal server located in the basement of her home, and these are just the emails that we know about now. The information contained in those emails ranges from confidential discussions with heads of state to information so sensitive that it is now classified as "Top Secret" and redacted. There is now also conclusive evidence that foreign intelligence agencies not only knew about her personal server, but also attempted, perhaps successfully, to hack into the system. If true, it would represent perhaps the worst breach of U.S. security since the 1980s.

Clinton's only defense is that the information on her server was not "marked classified." While that argument has some surface appeal, the law clearly does not draw a distinction between information that is marked or unmarked. Information is classified first and marked later. It is not classified because it is marked as such. The law is simple and clear. Anyone who retains or transmits classified information except as authorized by the Act, is guilt of a felony. The "authorized" retention of classified information does not include an unsecured personal server in one's basement. It also does not include the transmission of classified information to and from an unsecured personal server in one's basement. Finally, one is not "authorized" to transmit classified information through an unsecured personal server in one's basement to people like Sid Blumenthal, who incidentally was banned from the administration by President Obama himself.

If the evidence shows that Secretary Clinton did the things of which she is accused, she should be indicted. She should be indicted the same way everyone else is indicted for the same or similar misconduct. "So what, she was the Secretary of State," one might say. Well, General Petraeus was the commander of U.S. forces in Iraq and the Director of the CIA. He was indicted for a comparatively minor violation so, to the extent she is treated differently, it will be because she is, quite literally, above the law.

This scene has played out before, most recently with the IRS targeting scandal. Just this week we learned that Lois Lerner, who admits she deliberately targeted conservative groups seeking tax exempt status, will not face any criminal charges. This is notwithstanding that she admits to the targeting and shortly after the story exploded, proceeded to "recycle" all of her electronically stored information. Nothing will happen to her, and she will be allowed to retire with her full pension. Given the current politicization of criminal law, it seems even less likely that the Democratic front runner will face anything more than the inconvenience of having to explain herself to a group of hapless Republicans on the Benghazi Committee.

This is all the unfortunate continuation of our current national Zeitgeist - the political class vs. the rest of us. We the people are in a vicious struggle with the political class for freedom and equality under the law. Whether it is the Black Lives Matter movement, the Tea Party movement, or the rise of political outsiders like Trump and Ben Carson, Americans appear to be fed up. We all know that when the average Joe gets in trouble with the law, he faces a life changing series of events. Sometimes he does not even survive the initial confrontation with a militarized police force. But, we also know that when a powerful corporation, or a Senator, or a Secretary of State, or one of their fund raising buddies violates the same law, they face nothing. The Political Class avoids criminal penalties, jail, and even civil justice. If you do not agree, ask yourself: "How many bankers went to jail after wide spread mortgage fraud led to the 2008 financial collapse"? Or research for yourself how many major corporations have actually been put out of business because of egregious criminal, civil, or regulatory misconduct. BP destroys the Gulf of Mexico for three years and pays a fine. A small rancher in Wyoming builds a rainwater pond to feed his livestock and is put out of business by the EPA with $75,000.00 a day in fines. It is the little people they attack, and they attack us because they can.

Hillary Clinton and her personal email server are the litmus test for the future of America. Will she be held to account, or is she above the law? My money's on Clinton.

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