Michael Muskasey – former US district judge and Attorney General under George W. Bush

5) You’re just some college kid with no qualifications to talk about this. Has anyone with authority in the government or media agreed with you? Who has disagreed with you?

You would be absolutely correct to ask this, and as a Microbiology and Economics major I’m probably one of the least qualified people to talk about this issue. But luckily I have been blessed with literacy and an ability to use the Internet. And a lot of free time this semester.

But yes there are people that agree and disagree with me. And that’s good. The fact that this scandal is pitting legal minds against each other should be a sign to everyone that this scandal is real.

People who support me: 

Michael Muskasey – former US district court judge and Bush Administration Attorney General.

The simple proposition that everyone is equal before the law suggests that Mrs. Clinton’s state of mind—whether mere knowledge of what she was doing as to mishandling classified information; or gross negligence in the case of the mishandling of information relating to national defense; or bad intent as to actual or attempted destruction of email messages; or corrupt intent as to State Department business—justifies a criminal charge of one sort or another.

Andrew McCarthy – former assistant U.S. attorney in the southern district of New York.

“If the press reporting is to be believed, [the case] looks very strong,” McCarthy said. “I say that because the statutes involving mishandling classified information are very prosecution-friendly, and they’re obviously intended to be that way.”

Jason R. Baron – a lawyer at Drinker Biddle & Reath who is a former director of litigation at the National Archives and Records Administration.

“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business.”

Laurie Levenson – former assistant US Attorney for the Central District of California

People who don’t support me (yet):

In addition to Dan Abrams from ABC and Columbia Law, who was cited plenty above

Andrea Mitchell – NBC News Chief Foreign Affairs Correspondent

So the question is the interactions. Exactly. Let’s say they’re forwarding an AP or New York Times story about the top secret drone program in Pakistan. So that is public source, but then the question is what did she say or what did someone when they forwarded to her say. It’s those comments when they were forwarded that are the critical issue. And that’s the vulnerability. Honestly from my sources and they go pretty high up including — including some of the people who are doing the review for the — inside the intelligence community, I don’t think there is the legal culpability here. I don’t think there is going to be what has been widely reported. For a bunch of reasons. You have to prove intent, you have to prove motive

Laurie Levenson – UCLA Law, Professor of Law and Center for Legal Advocacy at Loyola Law School

Thus, in sorting out Hillary Clinton’s actions, there are at least two critical questions: First, to what extent was using a private email server an “unauthorized” handling of classified information. Second, did Clinton ever knowingly mishandle classified information or act in a grossly negligent manner that led to information being lost, destroyed or stolen?

Politics aside, it is difficult to find prior cases where the unwise handling of classified information led to a federal indictment. For the last 20 years, the federal statutes have been used when there were intentional unauthorized disclosures. The Department of Justice appears to have gone after “leakers,” but not bunglers. Twenty years ago, John Deutsch found himself in hot water and the target of a DOJ investigation for transferring classified materials to his government-owned computer at home — a computer that he used to access a wide range of Internet searches. He was never charged; President Bill Clinton pardoned Deutsch on his last day as president. It remains to be seen what will happen in Hillary Clinton’s case

Ruth Marcus – Harvard Law graduate and Washington Post Columinst calling me out

Could a clever law student fit the fact pattern into a criminal violation? Sure. Would a responsible federal prosecutor pursue it? Hardly — absent new evidence, based on my conversations with experts in such prosecutions.

6) Was it illegal/criminal for the Secretary of State to conduct all her professional communications on a private email server and not on a government server?

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One thought on “Do I Really Need to Worry About Hillary’s Emails? Yes. She Will Be Indicted. (Question 5)

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