Katie Pavlich
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Posted: Aug 25, 2016 11:00 AM
Gowdy: Hillary Wasn't Indicted Over Email Scandal Because FBI Didn't Bother Asking Her About Intent and that's not All!

When FBI Director James Comey announced in July criminal charges would not be brought against former Secretary of State Hillary Clinton for storing and transmitting top secret, classified information on a number of different private servers, this is the argument he made regarding intent (bolding is mine):



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.

Although we do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

But according to former prosecutor and House Oversight Committee member Trey Gowdy, who has seen the notes taken during an interview conducted by the FBI with Clinton about her private email servers, agents didn't ask the former Secretary and current Democrat presidential nominee about intent at all.

"Remember James Comey said she was not indicted because he didn't have sufficient evidence on the issue of intent? I didn't see any questions on the issue of intent. There's no question she handled them [classified emails] negligently or extremely carelessly, he said he didn't go forward with charges specifically because he didn't have criminal intent. I didn't see any questions on that," Gowdy said on Fox News Thursday morning.

How can the FBI prove or disprove intent if they never asked about it?

Gowdy also argued the FBI interview notes should be released to the public. At this point the FBI is refusing to do so.

It should also be noted the mishandling of classified information doesn't require intent for prosecution.

This post has been updated with additional information. "

Now check out the following and then ask who watches the watchers? Gowdy, Lynch, How many more ae involved in this RICO nightmare?

FBI oath of office

I [name] do solemnly swear (or affirm) that I will support and defend

the Constitution of the United States against all enemies, foreign

and domestic; that I will bear true faith and allegiance to the same;

that I take this obligation freely, without any mental reservation or

purpose of evasion; and that I will well and faithfully discharge the

duties of the office on which I am about to enter. So help me God.

-------------------------------------------------------------

Color of law -- Civil Applications

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

Lack of supervision/monitoring of officers' actions;
Lack of justification or reporting by officers on incidents involving the use of force;
Lack of, or improper training of, officers; and
Citizen complaint processes that treat complainants as adversaries.

Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.

Report Civil Rights Violations

File a Report with Your Local FBI Office
File a Report over Our Internet Tip Line
Visit Our Victim Assistance Site

Resources

Deprivation of Rights Under Color of Law Statute
Principles for Promoting Police Integrity (pdf)
Addressing Police Misconduct Brochure
Law Enforcement Misconduct FAQs

Somehow I don't think this route is going to work.