On Thursday, the Justice Department’s inspector general report revealed former FBI Director James Comey used a private Gmail server to conduct FBI business.
Of course, Hillary Clinton had to opine. She tweeted out the news with three simple words: “But my emails.”
First of all, just because someone else acted negligently does not mean you are off the hook.
Secondly, according to memos by two separate House committees — the judicial and the oversight —“foreign actors” obtained access to some of the former Secretary of State’s emails — including at least one email classified as “secret.”
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
Based on the IG’s report, the FBI went through some high hoops to clear Clinton of this crime.
First of all, Comey watered down his draft statement on Hillary dramatically. The original draft statement on Hillary said she’d been “grossly negligent” — that was changed to “extremely careless.” The statement was changed from “reasonably likely” Hillary had been hacked by hostile actors to “possible.”
The IG also says that based on precedent, Clinton would need to have acted “so gross as to almost suggest deliberate intention.” But that’s not what the law says. Read it again, if you’d like.
The FBI looks under a microscope for every possible misstep from Trump, yet strives to do anything it can to act as Clinton’s defense attorneys rather than her prosecutors.