The Democrats’ Likely Nominee Appears To Be A Felon… This Is Not Business As Usual – Andrew C. McCarthy
Competing Democrats debate each other one night. Republican rivals take their shots at each other a couple of nights later. An air of frenetic normalcy sets over primary season: The country is $20 trillion in the red and under heightened terrorist threat, yet pols bicker over the legacy of Henry Kissinger and the chameleon nature of Donald Trump – another liability the mogul is marketing as an asset. It is business as usual.
Except nothing about the 2016 campaign is business as usual.
For all the surreal projection of normalcy, the race is enveloped by an extremely serious criminal investigation. If press reporting is to be believed – in particular, the yeoman’s work of Fox News’s Catherine Herridge and Pamela K. Browne – Hillary Clinton, the likely nominee of one of the two major parties, appears to have committed serious felony violations of federal law.
That she has the audacity to run despite the circumstances is no surprise – Clinton scandals, the background music of our politics for a quarter-century, are interrupted only by new Clinton scandals. What is shocking is that the Democrats are allowing her to run.
For some Democrats, alas, any criminality by the home team is immaterial. A couple of weeks back, The Donald bragged, as is his wont, that he “could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.” Trump was kidding (at least, I think he was). Unfortunately, the statement might have been true had it sprung from Mrs. Clinton’s lips.
In a Democratic party dominated by the hard Left, the power Left, what matters is keeping Republicans out of the White House, period. Democrats whored themselves for Bill through the Nineties, seemingly unembarrassed over the lie it put to their soaring tropes about women’s rights, good government, getting money out of politics, etc. They will close ranks around Hillary, too. After all, if she was abusing power while advancing the cause of amassing power – er, I mean, the cause of social justice – what’s the harm?
More-centrist Democrats realize there could be great harm, but they seem paralyzed. The American people, they know, are not the hard Left: If Mrs. Clinton is permitted to keep plodding on toward the nomination only to be indicted after she has gotten it, the party’s chances of holding on to the White House probably disappear. By then, there may not be time to organize a national campaign with a suitable candidate (as opposed to a goofy 74-year-old avowed socialist).
So these Democrats play Russian roulette: hopefully assuming that the FBI won’t dare recommend criminal charges with the stakes so high; that the Obama Justice Department won’t prosecute if charges are recommended; that Obama will figure out a way to intervene with a pardon that won’t do Clinton too much damage, and that the public can be spun into thinking an investigation led by Obama appointees and career law-enforcement officers is somehow a Vast-Right-Wing-Conspiracy plot dreamt up by Republicans.
Many of these Democrats know that the right thing to do for their party – and country – is to demand that Mrs. Clinton step aside. They also know that if they do the right thing, and Clinton wins anyway, there will be vengeance – Hillary being the vengeful sort. So mum’s the word.
Their silence will not change the facts.
To take the simplest of many apparent national-security violations, it is a felony for a person “being entrusted with or having lawful possession or control of any… information relating to the national defense” to permit that information “through gross negligence… to be removed from its proper place of custody” or to be “delivered to anyone in violation of his trust” (Section 793(f) of Title 18, U.S. Code).
Mrs. Clinton was entrusted with national-defense information and knew that working with such classified intelligence was a substantial part of her duties as secretary of state. Despite this knowledge, she willfully, and against government rules, set up a private, non-secure e-mail communication system for all of her government-related correspondence – making it inevitable that classified matters would be discussed on the system. This was gross negligence at best. And the easily foreseeable result is that classified intelligence was removed from its secure government repository and transmitted to persons not entitled to have it – very likely including foreign intelligence services that almost certainly penetrated Mrs. Clinton’s non-secure system.
The penalty for violating this penal statute is up to ten years’ imprisonment for each individual violation. Mind you, there are already 1,600 reported instances of classified information being transmitted via the Clinton server system, and the latest indications are that at least twelve, and as many as 30, private e-mail accounts are known to have trafficked in our nation’s defense secrets. Many of these account holders were certainly not cleared for access to the information – and none of them was permitted to access it in a non-secure setting.
Fox has also reported that the FBI has expanded its investigation to possible public-corruption offenses – the cozy connections between the State Department, the Clinton Foundation, and Clinton-connected businesses; the question whether Clinton Foundation donors received favorable treatment in government contracts. Such allegations could fill a book. Indeed, investigative journalist Peter Schweizer has written just such a book: Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich.
It’s a hair-raising story, but corruption cases are tough to prove. Comparatively, classified-information offenses are straightforward: There is a paper trail and secret intelligence either ended up someplace it was not supposed to be or it didn’t. Corruption cases, by contrast, can involve complex transactions and the gray area between grimy political deals and actionable quid pro quo. They hinge on proving the state of mind of the players, which can be challenging.
So I want to pass over that for now and think about something rarely mentioned in the Clinton caper: the unknown e-mails. What has been revealed about Mrs. Clinton’s disclosed e-mails has been so shocking that we often forget: There are 30,000 other e-mails that she attempted to destroy. We do not know what’s in them, so it is only natural that we have focused instead on what is knowable – the e-mails that have been disclosed. But there have been media reports that the FBI, to which Mrs. Clinton finally surrendered her private servers some months ago, has been able to retrieve many of the “deleted” e-mails, perhaps even all of them.
Mrs. Clinton told us she destroyed these e-mails because they were private and unrelated to government business. Basically we are to believe that one of the busiest, highest-ranking officials in our government had time to send tens of thousands of e-mails that were strictly about yoga routines, her daughter’s bridesmaids’ dresses, and the like. This, from the same Mrs. Clinton who looked us in the eye and insisted that none of her e-mails contained classified information.
Anyone want to join me in indulging the possibility that many of the deleted e-mails involve government business?
I ask because, wholly apart from any classified information crimes, there is another penal law defining an offense that is very easy to prove: the federal embezzlement statute (Section 641 of Title 18, U.S. Code). This provision targets anyone who, among other things,
embezzles, steals, purloins, or knowingly converts to his use…, or without authority… conveys or disposes of any record… of the United States or of any department or agency thereof…; or …conceals, or retains the same with intent to convert it to his use… knowing it to have been embezzled, stolen, purloined or converted.
As with the afore-described crime of mishandling classified information, the penalty for violating this statute is up to ten years’ imprisonment for each instance of theft.
To the extent Mrs. Clinton’s e-mails involved government business, they were not private – they were government records. When she left the State Department, however, she took these government records with her: She didn’t tell anyone she had them, and she converted them to her own use – preventing the government from complying with lawful Freedom of Information Act disclosure demands, congressional inquiries, and government-disclosure obligations in judicial proceedings, as well as undermining the State Department’s reliance on the completeness of its recordkeeping in performing its crucial functions.
I believe that Clinton has already violated the embezzlement law with respect to the 30,000 e-mails she finally surrendered to the State Department nearly two years after leaving. But for argument’s sake, let’s give her a pass on those. Let’s consider only the 30,000 e-mails that she withheld and attempted to destroy but that the FBI has reportedly recovered. Does anyone really doubt that this mountain of e-mail contains State Department-related communications – i.e., government files?
In a better time, responsible Democrats would already have disqualified Mrs. Clinton on the quaint notion that fitness for the nation’s highest office means something more than the ability to evade indictment for one’s sleazy doings. But now we have a candidate who may not – and should not – be able to meet even that lowly standard. No self-respecting political party would permit her to run. Obviously, a plea to do the right thing is not a winning appeal to today’s Democrats. But what are we left with if appeals to self-interest also fall on deaf ears?