FBI Director press conference, 11am eastern

[Clocker]

Some interesting new stuff from Comey. Hillary used several private servers. And over 100 emails she sent were marked classified or higher at the time, which she has repeatedly denied. Also that “hostile actors gained access” to the communications of people communicating with Hillary, and it’s “possible that hostile actors gained access” to her system.

[GameTheory]

Let's say that there was no "intentional misconduct". Fine. Since when does that get anyone off the hook for actual misconduct, intentional or not? How can a future Clinton justice department prosecute anybody for anything if all you have to do is say "I didn't mean to do it, I'm just really careless, whoopsie."?

[Clocker]

First take on the announcement at Powerline blog by Paul Mirengoff, an attorney:

Comey’s explanation was odd and unpersuasive on its face. He began by reciting what the law requires for a felony or misdemeanor conviction in cases like this. He then recited the facts as the FBI found them.

When it came time to meld these two strands and present his decision whether to prosecute, Comey made no reference to the legal standard he had articulated a few minutes earlier. Instead, he pulled a switcheroo, formulating a new legal standard based on the elements he says have been present in past cases where prosecutions have been brought for the mishandling of secret/classified information.

I don’t know whether Comey is correct about past prosecutions. For example, did David Petraeus’ case meet the criteria Comey articulated this morning. My sense is that it didn’t, but I’d have to check.

In any event, Comey simply ignored the statutory standard he laid out. A first year associate at a law firm wouldn’t dare present an analysis like this.

http://www.powerlineblog.com/archive...is-morning.php

[johnhannibalsmith]

What really is unfortunate is that the way this seems to have been handled is going to shift blame all around. I find it hard to believe that Comey won't get bludgeoned for the comments that he used to support no charges. I'm guessing that we will see a lot of examples of somewhat parallel cases that may not have been ended in conviction, but did lead to a prosecution. Throw in Lynch. Throw in Slick Willy. Somehow even for those that think the fix is in, it takes the heat off of Hillary and becomes just another vast right wing conspiracy for Hill fans.

I really think the focus needs to be on what he DID say in his condemnations and the fact that AT THE VERY BEST she is totally incompetent. Our Secretary of State naively sharing the nation's secrets out of convenience is now the best narrative. And that is not a good narrative for a Presidential candidate.

[Clocker]

Originally Posted by johnhannibalsmith

I really think the focus needs to be on what he DID say in his condemnations and the fact that AT THE VERY BEST she is totally incompetent. Our Secretary of State naively sharing the nation's secrets out of convenience is now the best narrative. And that is not a good narrative for a Presidential candidate.

He did say that a lot of information that she sent was classified or even Top Secret at the time. How is that not a crime?

And she lied about it. I don't know off hand if she lied about it under oath, which would make it perjury.

[magwell]

Originally Posted by magwell

What he said "no reason to bring charges"....... What I heard, shes loose with America's security and reckless with the truth......

That gives Trump plenty of ammo, it's short and to the point.....

[reckless]

Originally Posted by johnhannibalsmith

He made a somewhat unconvincing case that there clearly is no reason to prosecute, but was very convincing making the case that she done ****ed up badly and has been lying through her teeth for a year.

JHS... I also noticed what a great, thorough, complete job the staff of the FBI did. At least that's what Comey told us, so it must be true, no.?

Comey may speak 'well' but the truth is he has gotten a free pass from the media, especially from the so-called conservative media from Day One. Non-political is Comey? No effin' way.

Any qualified and experienced law enforcement official would have hauled in the despicable and loathsome Hillary Clinton many, many months ago, first, before anyone else was even questioned! Not last. I would have questioned her up and down and sideways, and then do it twice more, getting all her lies and stories on the record, early and first.

Then on the very same day, I would have the FBI go to the top 5-6 Clinton and State Department people involved and do the exact same thing to them! Get them all on the record.

And only after all that would I have then begin the external investigation. And after the full blown investigation was complete, however long it took, I'd bring in once more the loathsome Clinton, all her people, and those involved from the State Department and ask the same questions asked the first time around. Then I'd compare their answers to the 'truth' and facts found by the FBI, and voila!, fill in the rest...

Personally I always hoped Clinton would skate because it will be easier for Trump to beat her in November---I have been on record on that point long before Comey's miscarriage of justice and dereliction of jury. We all knew that Comey was a phony and amateur from Day One.

[lamboguy]

laws are only for poor people to get punished with

[Clocker]

The text of the speech is here:
https://www.fbi.gov/news/pressrel/pr...-e-mail-system

Comey said:

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

The law defines 'gross negligence':

(f) 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.

How is sending classified information or storing it other than in 'its proper place of custody' not 'gross negligence'?

[Tom]

Same way having knowledge of the same is being ignored.

[Jess Hawsen Arown]

Originally Posted by MONEY

After the Bill Clinton, meeting Loretta Lynch stated that she will go along with what the FBI recommends.
Do you think that she didn't already PLAN what Comey was going to say today?

The only good that will come out of this mockery is that the audacity of the Clintons will get more people off the couch to keep her and her sexual predator husband out of the White House.

Just another in the long list of Clinton disgraces.

[johnhannibalsmith]

In response to the last few, I completely agree hence my statement that he's going to be bludgeoned. If you or I had engaged in this practice, particularly at this volume, for years and years despite cautions against doing so - we would not be in the same boat. I think that it is safe to say that there are those out there that have in have, in fact, proven that to be the case and we'll be hearing about it.

He hedged and I don't think it will reflect well on a guy that has made his bones as being fair. Maybe his wordsmithing is meant to say she could be prosecuted, but lets get serious, she won't be convicted. But here's the case and it ain't real pretty so have fun with it.

[Clocker]

Originally Posted by johnhannibalsmith

In response to the last few, I completely agree hence my statement that he's going to be bludgeoned. If you or I had engaged in this practice, particularly at this volume, for years and years despite cautions against doing so - we would not be in the same boat. I think that it is safe to say that there are those out there that have in have, in fact, proven that to be the case and we'll be hearing about it.

He hedged and I don't think it will reflect well on a guy that has made his bones as being fair. Maybe his wordsmithing is meant to say she could be prosecuted, but lets get serious, she won't be convicted. But here's the case and it ain't real pretty so have fun with it.

There is speculation in the right-wing media that rank and file FBI agents aren't all going to be good little soldiers and keep their mouths shut.

[Clocker]

Surprising analysis at the Washington Post, certainly not from the editors.

Here's the good news for Hillary Clinton: The FBI has recommended no charges be brought followings its investigation of the former secretary of state's private email server.

Here's the bad news: Just about everything else.

FBI Director James Comey dismantled large portions of Clinton's long-told story about her private server and what she sent or received on it during a stirring 15-minute news conference following which he took no questions. While Comey exonerated Clinton legally speaking, he provided huge amounts of fodder that could badly hamstring her in the court of public opinion.

Most importantly, Comey said the FBI found 110 emails on Clinton's server that were classified at the time they were sent or received. That stands in direct contradiction to Clinton's repeated insistence she never sent or received any classified emails. And, it even stands in contrast to her amended statement that she never knowingly sent or received any classified information.

https://www.washingtonpost.com/news/the-fix/wp/2016/07/05/hillary-clintons-email-problems-might-be-even-worse-than-we-thought/

[johnhannibalsmith]

To be clear if I wasn't - I just hate to see the story become solely that the fix is in. Strictly speaking in terms of burying the most awful Presidential candidate I can recall, sticking to what he did pronounce in regards to her conduct is utterly damning. A prosecution is probably warranted, but debating it turns it into the usual battlefield, it becomes standard political fodder, and takes the focus off of her pathetic conduct in a primary role where security is critical. The prosecution angle is a legit story, but the verification that she's a whole lot scarier to our nation's security than any hypothetical prognostication about a fiery mouthed Trump is what people should probably really stick to hammering.