She’s Back, by Andrew P. Napolitano

It’s escaped widespread public notice, but new information has surfaced about 300 Hillary Clinton emails that fell into the hands of at least three foreign governments, two of them hostile. From Andrew P. Napolitano at lewrockwell.com:

The criminal investigation of Hillary Clinton is back front and center now that the FBI has released proof that her failure to safeguard state secrets caused the secrets to fall into the hands of foreign governments, some of which wish the United States ill.

Even though the case against her — which was closed and then reopened and then closed again — is old news and she obviously is no longer a candidate to become president of the United States and has been staying below the radar for the past two months, recent developments have regenerated the case.

Here is the back story.

On July 5, FBI Director James Comey announced publicly that the FBI would recommend against seeking an indictment of Clinton for espionage — the failure to safeguard state secrets that had been entrusted to her. He argued that though the case against her was strong — as secretary of state, she had been extremely careless with secrets; exposed hundreds of materials that were confidential, secret and top-secret; and used non-secure mobile devices while in the territory of hostile governments — no reasonable prosecutor would take the case.

Why was the decision of whether to prosecute Clinton left to Comey?

The FBI’s job is to gather evidence of federal crimes and to present that evidence to career prosecutors in the Department of Justice for evaluation. The FBI has numerous investigative tools available to it. One of those tools is presenting evidence to a grand jury and requesting subpoenas from it. Another is presenting evidence to a federal judge and requesting search warrants from the judge. A third is obtaining the indictment of someone who is in the inner circle of the person who is the true target of the investigation and then persuading that indicted person to become a government witness.

None of those tools was used in the Clinton case.

To continue reading: She’s Back