She may skate, but not before it gets really ugly!
Quote
iGenova: Hillary Cannot be the Nominee
Posted by Staff
On today’s program, Joe DiGenova, former Republican U.S. attorney, addressed the FBI’s ongoing investigation of Hillary Clinton.
On New Year’s Eve, another 5,500 pages of Clinton’s emails were released; of these emails, 275 included classified information, bringing the total number of classified emails to 1,274. DiGenova noted this total does not include the emails the FBI is recovering from the Secretary’s hard drive, meaning the actual total could be drastically higher. Though the investigation continues to unfold, DiGenova says the Bureau already "has so much information about criminal conduct by her and her staff that there is no way that they walk away from this."
As Clinton’s campaign progresses, DiGenova made a shocking prediction, claiming “Hillary will not make it to the finish line. She’s not going to be able to complete her campaign.” Following her interview with the FBI, which will be the final step of the Clinton investigation, DiGenova says the Bureau will make a recommendation that people be charged, leaving Attorney General Loretta Lynch with the “decision of a lifetime.” Though Ingraham expressed skepticism over Lynch’s willingness to indict Hillary Clinton, DiGenova pointed to “vitriol of an intense amount” developing among the intelligence community who he claims will “fight to the death” to ensure Hillary and her senior staff are adequately punished for their mishandling of classified information. If Lynch did, however, buries this case, DiGenova warned, the intelligence community “will never be able to charge another federal employee with the negligent handling of classified information.” And, DiGenova “the intelligence community will not stand for that. They will fight for indictment.” Further, he claims that, according to two sources in the FBI, “they are already in the process of gearing themselves to basically revolt if she refuses to bring charges.”
Later in the show, Bret Baier, host of Special Report on Fox News, reacted to DiGenova’s predictions, saying, “If that happens, that would be astonishing...it would be earth shattering, if what Joe was saying is true.”
DiGenova: Hillary Clinton’s going to have problems because of what’s in the emails, but also the classifications. Her biggest problem right now is the FBI. They’re not going away. They have reached a critical mass in their investigation of the Secretary and all of her senior staff. And, it’s going to come to a head, I would suggest, in the next sixty days. And, I predict Hillary will not make it to the finish line. She’s not going to be able to complete her campaign. The criminal investigation must focus on her and all the people around her. And, if Jim Comey, the FBI director, is doing his job, which I expect him to do as an honorable man, she cannot be the nominee of the Democratic Party. She’s going to have to be charged with the crime. It’s going to be a very complex matter for the Department of Justice, but they’re not going to be able to walk away from it. She and her staff have committed numerous federal crimes involving the negligent and improper handling of classified information. They are now at over 1,200 classified emails. And, that’s just for the ones we know about from the State Department. That does not include the ones that the FBI is, in fact, recovering from her hard drives. (1:08)
Ingraham: So, Hillary testifies on Capitol Hill and says she did not receive classified - did she say receive or send? You always have to parse the words with Hillary. That is false. Correct? (2:25)
DiGenova: She has actually said both things. And, she’s also then modified to say, none of them were marked classified. But, she has definitely made false statements, under oath, both in interviews and on Capitol Hill. She has not yet been interviewed by the FBI in their investigation. That will be the final step in her investigation. But, as a matter of fact, the Bureau has so much information about criminal conduct by her and her staff that there is no way that they walk away from this. They are going to make a recommendation that people be charged and then Loretta Lynch is going to have the decision of a lifetime. (2:42 )
Ingraham: Do you have confidence that Loretta Lynch, from what we saw with her handling of the Baltimore riots and all that, is going to okay, green light an indictment of Hillary Clinton in an election year? (3:21)
DiGenova: I believe that the evidence that the FBI is compiling will be so compelling that, unless she agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an Attorney General. It will be like Watergate. It will be unbelievable. The evidence against the Clinton staff and the Secretary is so overwhelming at this point that if, in fact, she chooses not to charge Hillary, they will never be able to charge another federal employee with the negligent handling of classified information. The intelligence community will not stand for that. They will fight for indictment and they are already in the process of gearing themselves to basically revolt if she refuses to bring charges. (3:34)
Ingraham: There is vitriol of an intense amount developing - you can hear it in your conversations with people in the intelligence community - they will fight to the death if the Attorney General attempts to bury this case. It will be very, very ugly for her and it’s going to be an awful ending to the Obama administration. But, one which they richly deserve. (5:26)
http://www.lauraingraham.com/b/DiGenova:-Hillary-Cannot-be-the-Nominee/-354879794662342689.html
Judge Andrew Napolitano's legal analysis of Hillary's dillema and her staff. Be sure to watch video @ link below:
Quote: The Clinton investigation enters a dangerous phase
Andrew Napolitano
By Judge Andrew P. Napolitano
·Published March 31, 2016
· FoxNews.com
The FBI investigation of former Secretary of State Hillary Clinton’s failure to protect state secrets contained in her emails has entered its penultimate phase, and it is a dangerous one for her and her aides.
Federal law enforcement sources have let it be known that federal prosecutors and the FBI have completed their examination of raw data in the case. After the FBI acquires raw data -- for example, the nature and number of the state secrets in the emails Clinton failed to protect or the regular, consistent, systematic nature of that failure -- prosecutors and agents proceed to draw rational inferences from that data.
Then they proceed to corroborate those inferences, looking for other sources to support or even to contradict them. With one exception, all of this work has been done with neutral sources of evidence -- documents, email metadata, government records and technical experts.
The exception is Bryan Pagliano, the one member of Clinton's inner circle who, with either a written promise of non-prosecution or an order of immunity from a federal judge, began to cooperate with federal prosecutors last fall.
Here is what he told the feds.
Pagliano has explained to federal prosecutors the who, what, when, how and why he migrated an open State Department email stream and a secret State Department email stream from government computers to Clinton's secret server in her home in Chappaqua, New York. He has told them that Clinton paid him $5,000 to commit that likely criminal activity.
He has also told some of the 147 FBI agents assigned to this case that Clinton herself was repeatedly told by her own State Department information technology experts and their colleagues at the National Security Agency that her persistent use of her off-the-shelf BlackBerry was neither an effective nor an acceptable means of receiving, transmitting or safeguarding state secrets. Little did they know how reckless she was with government secrets, as none was apparently then aware of her use of her non-secure secret server in Chappaqua for all of her email uses.
We know that the acquisition and corroboration phase of the investigation has been completed because the prosecutors have begun to ask Clinton's top aides during her time as secretary of state to come in for interviews. This is a delicate and dangerous phase for the aides, all of whom have engaged counsel to represent them.
Here are the dangers.
The Department of Justice will not reveal to the aides or their lawyers what it knows about the case or what evidence of criminal wrongdoing, if any, it has acquired on each of them. Hence, if they submit to an FBI interview, they will go in "blind." By going in blind, the aides run the risk of getting caught in a "perjury trap." Though not under oath, they could be trapped into lying by astute prosecutors and aggressive FBI agents, as it is a crime -- the equivalent of perjury -- to lie to them or materially mislead them.
For this reason, most white-collar criminal defense lawyers will not permit their clients to be interviewed by any prosecutors or FBI agents. Martha Stewart's lawyers failed to give her that advice, and she went to prison for one lie told in one conversation with one FBI agent.
After interviewing any Clinton aides who choose to be interviewed, the DOJ personnel on the case will move their investigation into its final phase, in which they will ask Clinton herself whether she wishes to speak with them. The prosecutors will basically tell her lawyers that they have evidence of the criminal behavior of their client and that before they present it to a grand jury, they want to afford Clinton an opportunity blindly to challenge it.
This will be a moment she must devoutly wish would pass from her, as she will face a damned-if-you-do, damned-if-you-don't dilemma.
Here is her dilemma.
If she were to talk to federal prosecutors and FBI agents, they would catch her in many inconsistencies, as she has spoken with great deception in public about this case. She has, for example, stated many times that she used the private server so she could have one mobile device for all of her emails. The FBI knows she had four mobile devices. She has also falsely claimed publicly and under oath that she neither sent nor received anything “marked classified.” The FBI knows that nothing is marked classified, and its agents also know that her unprotected secret server transmitted some of the nation’s gravest secrets.
The prosecutors and agents cannot be happy about her public lies and her repeated demeaning attitude about their investigation, and they would have an understandable animus toward her if she were to meet with them.
If she were to decline to be interviewed -- a prudent legal but treacherous political decision -- the feds would leak her rejection of their invitation, and political turmoil would break loose because one of her most imprudent and often repeated public statements in this case has been that she can't wait to talk to the FBI. That’s a lie, and the FBI knows it.
Some Democrats who now understand the gravity of the case against Clinton have taken to arguing lately that the feds should establish a different and higher bar -- a novel and unknown requirement for a greater quantum of evidence and proof of a heavier degree of harm -- before Clinton can be prosecuted. They have suggested this merely because she is the likely Democratic presidential nominee.
The public will never stand for that. America has a bedrock commitment to the rule of law. The rule of law means that no one is beneath the law’s protections or above its requirements. The DOJ is not in the business of rewriting the law, but the Democrats should get in the business of rethinking Clinton’s status as their presumptive presidential nominee, lest a summer catastrophe come their way.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.
Video @ link:
http://www.foxnews.com/opinion/2016/03/31/clinton-investigation-enters-dangerous-phase.html
Regards,
hm
Quote
iGenova: Hillary Cannot be the NomineePosted by Staff
On today’s program, Joe DiGenova, former Republican U.S. attorney, addressed the FBI’s ongoing investigation of Hillary Clinton.
On New Year’s Eve, another 5,500 pages of Clinton’s emails were released; of these emails, 275 included classified information, bringing the total number of classified emails to 1,274. DiGenova noted this total does not include the emails the FBI is recovering from the Secretary’s hard drive, meaning the actual total could be drastically higher. Though the investigation continues to unfold, DiGenova says the Bureau already "has so much information about criminal conduct by her and her staff that there is no way that they walk away from this."
As Clinton’s campaign progresses, DiGenova made a shocking prediction, claiming “Hillary will not make it to the finish line. She’s not going to be able to complete her campaign.” Following her interview with the FBI, which will be the final step of the Clinton investigation, DiGenova says the Bureau will make a recommendation that people be charged, leaving Attorney General Loretta Lynch with the “decision of a lifetime.” Though Ingraham expressed skepticism over Lynch’s willingness to indict Hillary Clinton, DiGenova pointed to “vitriol of an intense amount” developing among the intelligence community who he claims will “fight to the death” to ensure Hillary and her senior staff are adequately punished for their mishandling of classified information. If Lynch did, however, buries this case, DiGenova warned, the intelligence community “will never be able to charge another federal employee with the negligent handling of classified information.” And, DiGenova “the intelligence community will not stand for that. They will fight for indictment.” Further, he claims that, according to two sources in the FBI, “they are already in the process of gearing themselves to basically revolt if she refuses to bring charges.”
Later in the show, Bret Baier, host of Special Report on Fox News, reacted to DiGenova’s predictions, saying, “If that happens, that would be astonishing...it would be earth shattering, if what Joe was saying is true.”
DiGenova: Hillary Clinton’s going to have problems because of what’s in the emails, but also the classifications. Her biggest problem right now is the FBI. They’re not going away. They have reached a critical mass in their investigation of the Secretary and all of her senior staff. And, it’s going to come to a head, I would suggest, in the next sixty days. And, I predict Hillary will not make it to the finish line. She’s not going to be able to complete her campaign. The criminal investigation must focus on her and all the people around her. And, if Jim Comey, the FBI director, is doing his job, which I expect him to do as an honorable man, she cannot be the nominee of the Democratic Party. She’s going to have to be charged with the crime. It’s going to be a very complex matter for the Department of Justice, but they’re not going to be able to walk away from it. She and her staff have committed numerous federal crimes involving the negligent and improper handling of classified information. They are now at over 1,200 classified emails. And, that’s just for the ones we know about from the State Department. That does not include the ones that the FBI is, in fact, recovering from her hard drives. (1:08)
Ingraham: So, Hillary testifies on Capitol Hill and says she did not receive classified - did she say receive or send? You always have to parse the words with Hillary. That is false. Correct? (2:25)
DiGenova: She has actually said both things. And, she’s also then modified to say, none of them were marked classified. But, she has definitely made false statements, under oath, both in interviews and on Capitol Hill. She has not yet been interviewed by the FBI in their investigation. That will be the final step in her investigation. But, as a matter of fact, the Bureau has so much information about criminal conduct by her and her staff that there is no way that they walk away from this. They are going to make a recommendation that people be charged and then Loretta Lynch is going to have the decision of a lifetime. (2:42 )
Ingraham: Do you have confidence that Loretta Lynch, from what we saw with her handling of the Baltimore riots and all that, is going to okay, green light an indictment of Hillary Clinton in an election year? (3:21)
DiGenova: I believe that the evidence that the FBI is compiling will be so compelling that, unless she agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an Attorney General. It will be like Watergate. It will be unbelievable. The evidence against the Clinton staff and the Secretary is so overwhelming at this point that if, in fact, she chooses not to charge Hillary, they will never be able to charge another federal employee with the negligent handling of classified information. The intelligence community will not stand for that. They will fight for indictment and they are already in the process of gearing themselves to basically revolt if she refuses to bring charges. (3:34)
Ingraham: There is vitriol of an intense amount developing - you can hear it in your conversations with people in the intelligence community - they will fight to the death if the Attorney General attempts to bury this case. It will be very, very ugly for her and it’s going to be an awful ending to the Obama administration. But, one which they richly deserve. (5:26)
http://www.lauraingraham.com/b/DiGenova:-Hillary-Cannot-be-the-Nominee/-354879794662342689.html
Judge Andrew Napolitano's legal analysis of Hillary's dillema and her staff. Be sure to watch video @ link below:
Quote: The Clinton investigation enters a dangerous phase
Andrew Napolitano
By Judge Andrew P. Napolitano
·Published March 31, 2016
· FoxNews.com
The FBI investigation of former Secretary of State Hillary Clinton’s failure to protect state secrets contained in her emails has entered its penultimate phase, and it is a dangerous one for her and her aides.
Federal law enforcement sources have let it be known that federal prosecutors and the FBI have completed their examination of raw data in the case. After the FBI acquires raw data -- for example, the nature and number of the state secrets in the emails Clinton failed to protect or the regular, consistent, systematic nature of that failure -- prosecutors and agents proceed to draw rational inferences from that data.
Then they proceed to corroborate those inferences, looking for other sources to support or even to contradict them. With one exception, all of this work has been done with neutral sources of evidence -- documents, email metadata, government records and technical experts.
The exception is Bryan Pagliano, the one member of Clinton's inner circle who, with either a written promise of non-prosecution or an order of immunity from a federal judge, began to cooperate with federal prosecutors last fall.
Here is what he told the feds.
Pagliano has explained to federal prosecutors the who, what, when, how and why he migrated an open State Department email stream and a secret State Department email stream from government computers to Clinton's secret server in her home in Chappaqua, New York. He has told them that Clinton paid him $5,000 to commit that likely criminal activity.
He has also told some of the 147 FBI agents assigned to this case that Clinton herself was repeatedly told by her own State Department information technology experts and their colleagues at the National Security Agency that her persistent use of her off-the-shelf BlackBerry was neither an effective nor an acceptable means of receiving, transmitting or safeguarding state secrets. Little did they know how reckless she was with government secrets, as none was apparently then aware of her use of her non-secure secret server in Chappaqua for all of her email uses.
We know that the acquisition and corroboration phase of the investigation has been completed because the prosecutors have begun to ask Clinton's top aides during her time as secretary of state to come in for interviews. This is a delicate and dangerous phase for the aides, all of whom have engaged counsel to represent them.
Here are the dangers.
The Department of Justice will not reveal to the aides or their lawyers what it knows about the case or what evidence of criminal wrongdoing, if any, it has acquired on each of them. Hence, if they submit to an FBI interview, they will go in "blind." By going in blind, the aides run the risk of getting caught in a "perjury trap." Though not under oath, they could be trapped into lying by astute prosecutors and aggressive FBI agents, as it is a crime -- the equivalent of perjury -- to lie to them or materially mislead them.
For this reason, most white-collar criminal defense lawyers will not permit their clients to be interviewed by any prosecutors or FBI agents. Martha Stewart's lawyers failed to give her that advice, and she went to prison for one lie told in one conversation with one FBI agent.
After interviewing any Clinton aides who choose to be interviewed, the DOJ personnel on the case will move their investigation into its final phase, in which they will ask Clinton herself whether she wishes to speak with them. The prosecutors will basically tell her lawyers that they have evidence of the criminal behavior of their client and that before they present it to a grand jury, they want to afford Clinton an opportunity blindly to challenge it.
This will be a moment she must devoutly wish would pass from her, as she will face a damned-if-you-do, damned-if-you-don't dilemma.
Here is her dilemma.
If she were to talk to federal prosecutors and FBI agents, they would catch her in many inconsistencies, as she has spoken with great deception in public about this case. She has, for example, stated many times that she used the private server so she could have one mobile device for all of her emails. The FBI knows she had four mobile devices. She has also falsely claimed publicly and under oath that she neither sent nor received anything “marked classified.” The FBI knows that nothing is marked classified, and its agents also know that her unprotected secret server transmitted some of the nation’s gravest secrets.
The prosecutors and agents cannot be happy about her public lies and her repeated demeaning attitude about their investigation, and they would have an understandable animus toward her if she were to meet with them.
If she were to decline to be interviewed -- a prudent legal but treacherous political decision -- the feds would leak her rejection of their invitation, and political turmoil would break loose because one of her most imprudent and often repeated public statements in this case has been that she can't wait to talk to the FBI. That’s a lie, and the FBI knows it.
Some Democrats who now understand the gravity of the case against Clinton have taken to arguing lately that the feds should establish a different and higher bar -- a novel and unknown requirement for a greater quantum of evidence and proof of a heavier degree of harm -- before Clinton can be prosecuted. They have suggested this merely because she is the likely Democratic presidential nominee.
The public will never stand for that. America has a bedrock commitment to the rule of law. The rule of law means that no one is beneath the law’s protections or above its requirements. The DOJ is not in the business of rewriting the law, but the Democrats should get in the business of rethinking Clinton’s status as their presumptive presidential nominee, lest a summer catastrophe come their way.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.
Video @ link:
http://www.foxnews.com/opinion/2016/03/31/clinton-investigation-enters-dangerous-phase.html
Regards,
hm
