The FBI Director James Comey might have excoriated the former NY Senator, Hillary Clinton for her careless use of a personal email server, but he still announced the intention of the FBI to recommend the Department of Justice to not press charges against her! Comey is a figure respected by both Democrats and republicans alike, but his decision did not go very well with the majority of Americans.
One of them is Andrew McCarthy who is not only a contributing editor at National Review but also a former federal prosecutor and Comey’s longtime friend. In a piece for National Review, McCarthy accused Comey for misinterpreting the law and said that Clinton was clearly chargeable:
There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18).
With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was ‘extremely careless’ and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.
McCarthy argued that Comey’s statements, especially those involving intent were incorrect. He wrote:
Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.
In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing.
He further stressed that the lack of intent to harm the country is clearly irrelevant as people do not intend bad things to happen.
Does this make sense to you? Tell us how you feel about Comey’s announcement.