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The "Hillary Defense"

 
 
Reply Tue 16 Aug, 2016 11:46 am
http://hotair.com/archives/2016/08/16/will-a-hillary-defense-work-for-a-navy-sailor/?utm_source=hadaily&utm_medium=email&utm_campaign=nl

If this young man gets prison time, or for that matter anything more than probation, it will indeed prove there is one set of laws for the powerful and another for the rest of us.

The mere fact the DOJ prosecuted this sailor and not Clinton is actually proof enough.
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Type: Discussion • Score: 2 • Views: 495 • Replies: 20
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edgarblythe
 
  0  
Reply Tue 16 Aug, 2016 12:05 pm
Was there ever any doubt?
Finn dAbuzz
 
  1  
Reply Tue 16 Aug, 2016 12:24 pm
@edgarblythe,
edgarblythe wrote:

Was there ever any doubt?


Unfortunately no.
0 Replies
 
giujohn
 
  1  
Reply Thu 18 Aug, 2016 06:25 am
And so it starts... Did anybody believe for a minute this was a good precedent???

Both the seller and Clinton should be charged... The only mistake the Sailor made that Clinton did not was he admitted his guilt
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engineer
 
  1  
Reply Thu 18 Aug, 2016 06:44 am
@Finn dAbuzz,
No it won't. This sailor meticulously took pictures of the entire drive train of a nuclear submarine from the reactor compartment back. When confronted, he made a deliberate attempt to destroy evidence including smashing a laptop and throwing it into the woods. Other sailors who took selfies in the engine room were given a slap on the wrist or NJP. This guy was clearly doing something else. I suppose next you will be comparing Jonathan Pollard to Clinton.
giujohn
 
  1  
Reply Thu 18 Aug, 2016 07:54 am
@engineer,
Well let's see Hillary exposed our nation's secrets and jeopardized human lives and made a huge profit selling influence to foreign countries... Pollard sold secrets to a friendly foreign country... Yeah I'd say that's close enough.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Thu 18 Aug, 2016 08:02 am
@engineer,
Comey made a solid case that Hillary was guilty of gross negligence aka extreme carelessness, and that is all that is required for prosecution under the statute, but he insisted that it was necessary to prove malicious intent.

The DOJ can't prove malicious intent with the sailor because all evidence points to him taking photos for his scrapbook. He panicked when he was confronted and made a botched attempt to destroy evidence. Hillary on the other hand hired high price lawyers who destroyed evidence
engineer
 
  0  
Reply Thu 18 Aug, 2016 08:19 am
@Finn dAbuzz,
And that is why there really can't be any decent political discussion around here. We can look at the exact same set of facts and see absolutely no commonality.

Comey stated up front that no prosecutor in the US would bring charges for Clinton using a personal email server when it was commonly done in the past, that there was not any intent to hide or destroy evidence, and that to bring charges would be a double standard - against Clinton. The FBI is not even bothering to investigate government emails sent to the personal accounts and servers of the previous two Sec. of State although they know it happened (likely because they aren't named Clinton.)

As a former submarine sailor, I can tell you that this guy knew - absolutely - that what he was doing was really illegal. No ambiguity, no uncertaincy. He was turned in by his fellow shipmates. Yet somehow you are willing to give him a pass because, well Clinton. Yes, we all want detailed pictures of a nuclear submarine powertrain for our scrapbooks and panic by destroying thousands of dollars of electronics when questioned. All completely innocent because Clinton.
Finn dAbuzz
 
  1  
Reply Thu 18 Aug, 2016 08:33 am
@engineer,
Well, if he is as guilty as you say and he gets off with the Hillary Defense, you can thank Comey.

As for what Comey said, I guess you're welcome to interpret it however you see fit, but it was clear to me. Are you disputing that he went before congress and essentially testified that she repeatedly lied about the affair?
giujohn
 
  1  
Reply Thu 18 Aug, 2016 08:46 am
What is suspect about Comeys actions is that he is not responsible to determine whether or not charges should be brought... His responsibility is to collect the facts and present them to the Attorney General's office and/or a Federal grand jury. Why he didn't dump it in the attorney-general's lap instead of coming out with an unprecedented public statement is very curious... Very curious.
0 Replies
 
engineer
 
  1  
Reply Thu 18 Aug, 2016 09:16 am
@Finn dAbuzz,
Finn dAbuzz wrote:

Are you disputing that he went before congress and essentially testified that she repeatedly lied about the affair?

Yes.

Quote:
Hillary Clinton did not lie to FBI investigators during their probe into her use of a private server as secretary of state, FBI Director James Comey testified Thursday.

"We have no basis to conclude she lied to the FBI," Comey told House Oversight Chairman Jason Chaffetz (R-Utah) during one of the hearing's opening exchanges.

http://www.politico.com/blogs/james-comey-testimony/2016/07/james-comey-clinton-not-lie-fbi-225212#ixzz4HhI7vna7
giujohn
 
  1  
Reply Thu 18 Aug, 2016 09:32 am
@engineer,
Of course she didn't lie to the FBI she knew if she did she would be given the same cell that Martha Stewart had... But there's no doubt that she lied to Congress and to the American public... No doubt at all that she committed perjury because she has total and utter contempt for Congress and the American public.
0 Replies
 
Finn dAbuzz
 
  2  
Reply Thu 18 Aug, 2016 09:35 am
@engineer,
She's too smart to lie to the FBI, but she lied to the American people and congress which is what Comey essentially testified to when before Congress.

engineer
 
  0  
Reply Thu 18 Aug, 2016 10:59 am
@Finn dAbuzz,
Again, I disagree. Clinton said (often) that there were no classified emails on her server. Out of tens of thousands of emails, the FBI found three that had classified markings and 113 that had classified materials but were unmarked, so her statement was factually incorrect because there were on the order of 0.01% of the emails marked classified. Was she lying or just unaware? I say unaware. Lying implies intent. To say she lied is to say she knew those three were in there out of tens of thousands. Should she have done it, no. Did she lie, intentionally mislead? I don't think so. Clinton routinely dealt with classified information and apparently did it correctly. The FBI did not find otherwise. This is not new, classified memos were also sent to Powell and Rice or their aides on their personal accounts.
Quote:
In a letter to Undersecretary of State Patrick Kennedy dated Feb. 3, State Department Inspector General Steve Linick said that the State Department has determined that 12 emails examined from State's archives contained national security information now classified "Secret" or "Confidential." The letter was obtained by NBC News.

Two of the messages were sent to Powell's personal account, and 10 were sent to personal accounts of Rice's senior aides, the letter said.


Based on this you are willing to let a sailor taking detailed pictures of a nuclear propulsion plant walk? (Note the Navy isn't buying his argument.) Your willingness to give this sailor so much benefit of the doubt while giving Clinton nothing is the double standard here. It's a good thing Clinton wasn't stopped by the police for jay walking and let go. You'd be advocating for hit and run drivers using the "Clinton defense".
Finn dAbuzz
 
  2  
Reply Thu 18 Aug, 2016 11:27 am
@engineer,
I can't argue with people who lose their reason in support of a candidate, but I'll try.

She clearly lied, and Comey confirmed same to Congress.

Comey stated she clearly displayed extreme carelessness with sensitive documents. Look up gross negligence in a legal dictionary and you will find extreme carelessness. He chose the words carefully.

The applicable statute doesn't require more than gross negligence as grounds to prosecute.

For whatever reasons, Comey decided he could not recommend prosecution (which in itself was a stretch beyond his role), but to suggest that he didn't lay out a case for how she violated the statute is just intellectually dishonest.

0 Replies
 
giujohn
 
  1  
Reply Thu 18 Aug, 2016 06:34 pm
Now let me see if I've got this right...Hillary did not send or receive any classified material.



...A congressional source confirmed to Fox News Tuesday that the House Government Oversight Committee had received a heavily redacted FBI summary of Hillary Clinton’s session last month with FBI  agents who interviewed her about her use of a private server for government business. The agents’ notes were provided as well.

Separately, the Republican chairman of the House Government Oversight Committee, confirmed that even he does not have a high enough security clearance to read the documents in full.

“As the chairman of the chief investigative body in the House, it is significant I can’t even read these documents in their entirety,”  Rep. Jason Chaffetz of Utah told Fox News.   “This shows how dangerous it was to have this intelligence, highly classified to this day, on the former secretary’s unsecured personal server where it was vulnerable.”

The fact that portions of the FBI investigative file are heavily redacted and must be held and read by lawmakers in a secure facility on Capitol Hill shows how classified the material remains, despite claims made by the Clinton campaign.

The campaign’s call to release the FBI agents’ notes appears suspect because the material is too highly classified to make public.The FBI told the committee that the documents cannot be released in part or in full without prior agency approval.

"This information being highly classified according to the FBI is in direct conflict with what the State Department and Ms. Clinton have said is on the server. You could not have it both ways," former military intelligence officer Tony Shaffer said. "You cannot say one day this is unclassified ‘nothing to see here’ and the next day, only certain people can see this and you must not be able to take it outside of a secure facility.
Clinton was specifically interviewed by the FBI about her handling of 22 top secret emails, which included some of the government's most closely held government programs known as special access programs, which often include human spying. The 22 top secret emails were deemed by the intelligence community too damaging to national security to make public, even with large sections blacked out....

Well I'm convinced...


0 Replies
 
Finn dAbuzz
 
  1  
Reply Sat 20 Aug, 2016 02:42 pm
The sailor got one year in prison and a $100 fine.

Too bad his last name wasn't Clinton
giujohn
 
  2  
Reply Mon 22 Aug, 2016 05:54 am
@Finn dAbuzz,
I'm hoping Judicial Watch will be able to present the questions to Hillary that she must answer under oath and do so within 30 days in a timely fashion that will reveal to the American public the answers we've all been waiting for before election day.
giujohn
 
  1  
Reply Mon 22 Aug, 2016 06:33 am
@Finn dAbuzz,
Finn dAbuzz wrote:

The sailor got one year in prison and a $100 fine.

Too bad his last name wasn't Clinton


The Sailor was facing 78 months in federal prison it was obvious by some of the comments made by the judge during sentencing that the lawyer's argument... Or what will now be forever more refer to as the Hillary defense... Played a role in the reduction that the Sailor received to only 12 months.
The Sailor took the photographs 10 years ago on his cell phone and the only reason this came to light was that his cell phone was recently found in the garbage. He never intended to send the photographs to anybody or achieve any type of monetary gain. That's opossed to the hundred and thirteen top secret or Above Top Secret emails that Hillary sent or received... and we don't know what kind of influence peddling was going on but we do know how much money the clintons have amassed by doing so.
Finn dAbuzz
 
  1  
Reply Mon 22 Aug, 2016 08:15 am
@giujohn,
Me too
0 Replies
 
 

 
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