Saturday, May 14, 2016

The difference between murder and manslaughter

is "I didn't mean to".   (IANAL)

Even if Secretary of State Hillary Clinton's motives for having a homebrew server were far from nefarious, "mistakes were made" and somebody must -- and will -- be held accountable.  There's eventually going to be a fall guy/gal, and today my money's on Cheryl Mills, known as the only person who says 'no' to Hillary.

Sandy Berger -- Bill Clinton's former NSA advisor -- paid a $50,000 fine, performed 100 hours of community service, lost his security clearance and his law license, all for stuffing classified documents down his pantsDavid Petraeus similarly got his charges reduced to a misdemeanor, with a $100,000 fine and two years of probation for sharing classified info with his mistress/ biographer.  (He was not demoted in rank after some deliberation of that consequence by the former secretary of the Army and secretary of defense Ashton Carter, and receives a $220,000 annual lifetime military pension.)

Both cases angered investigating agents because of the leniency of punishment.

From what I can tell and from what Clinton's IT professional Bryan Pagliano may or may not be saying as a result of his immunity from prosecution, Hillary very likely is -- like Berger and Petraeus -- criminally responsible for the "mishandling of classified data".  The conversation about what is, what is not, and/or what should be classified data or not is a word-definition distraction that nobody, not even the most sycophantic of Clinton supporters, is indulging in any longer.

As we know, people who are guilty of a crime are not always prosecuted for it in the American judicial system, and whether she is eventually indicted or not, whether misdemeanor or felony if so, is to be determined by the conclusions and recommendations of the FBI's investigation, director Comey, AG Lynch, and I suspect even Barack Obama himself.

(Insert "Law and Order"'s DUNH-DUNH sound effect here.)

If Guccifer is telling the truth -- and can provide evidence that backs up his allegations -- the only question I have left is: what should Clinton's penalty be for mishandling classified data?  For the record I hold no illusions that Andrew Napolitano is serious when he says the Russians are coming with 20,000 of her emails.

My final concern about this matter is when we will have the conclusions of the investigation made public: before November... or after.

Kindly note that I draw no conclusions about political consequences, though that will be at the forefront of everyone's reaction.  Once we know what we do not know today, whenever that may be.

(Too dramatic?)

Update: Hillary's got a long and tortured road ahead, no matter the outcome of the email business.

1 comment:

Gadfly said...

Her penalty? You mentioned it, perhaps unknowlingly. Six months in a jail cell where the likes of Andrew Napolitano is pumped in every day.