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Eight Laws Hillary Clinton Could Be Indicted For Breaking (09/21/2015)
Daily Caller ^ | Sep 9, 2015 | Kenneth P. Bergquist

Posted on 07/03/2016 9:57:04 AM PDT by Ray76

(Sep 9, 2015) As a former Justice Department official, I have, of late, been asked by both Democratic and Republican friends whether Hillary Clinton could be indicted for her email related actions. The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Chit/Chat
KEYWORDS: 2015; arizona; clinton; criminalconspiracy; crookedhillary; fbi; hillary2016; jamescomey; lorettalynch; phoenix
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Kenneth Bergquist served as a Deputy Assistant Attorney General in the United States Department of Justice during the Reagan Administration
1 posted on 07/03/2016 9:57:04 AM PDT by Ray76
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To: Ray76

Fix is in

Repeat

FIX IS IN.

Nothing to see here. Move along


2 posted on 07/03/2016 9:58:18 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Ray76

How about treason.


3 posted on 07/03/2016 9:58:33 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Ray76

Change “could” to “will not” and it will be fixed.


4 posted on 07/03/2016 9:58:48 AM PDT by Da Coyote
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To: Da Coyote

Change “will not” to “will not unless Trump appoints a new AG” and then it will be really fixed.


5 posted on 07/03/2016 10:00:32 AM PDT by anton
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To: Ray76

In the old days Hillary could be arrested for personating a female. She and Huma could be incarcerated for moral turpitude.


6 posted on 07/03/2016 10:00:42 AM PDT by HomerBohn (Liberals and Slinkys: Good for nothing but make you smile as you shove them down the stairs.)
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To: Vaquero

Your defeatist attitude is a disgrace.


7 posted on 07/03/2016 10:02:52 AM PDT by SamAdams76 (Delegates So Far: Trump (1,542); Cruz (559); Rubio (165); Kasich (161)
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To: Ray76

I’d love to see her entire staff charged. In fact, why just her. Weren’t the Watergate plumbers indicted and sent to prison?

I’d like to see Bill Clinton himself, indicted and put on trial. In fact, I have no problem that they take their time going after him after the election. The new president can let the system run its course, and let the justice dept, hopefully under the head of someone like Chris Christie or Rudy.

The MSM and American people went after NIXON with a vengeance. No quarter was spared. The left relished the whole debacle.

Well, it’s pay back time folks. Hillary Clinton was part of that feeding frenzy. It’s pay back time Ms Baby Boomer.


8 posted on 07/03/2016 10:07:41 AM PDT by nikos1121 (A Trump presidency will be like The Golden Age of Pericles in Greece)
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To: Ray76

What about charges that could be brought by the Fashion Police?


9 posted on 07/03/2016 10:07:45 AM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Ray76
Thus, to gain a conviction on a criminal count in an indictment, a prosecutor must prove beyond a reasonable doubt that: (1) the prohibited conduct occurred, (2) the prohibited conduct was undertaken by the defendant, and (3) the defendant had the requisite mens rea or intent at the time.

The rest of the article may be correct, but there's no requirement for #3, at least for the first law he cites.

He does qualify this:

The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.

What he overlooked was the "gross negligence" clause:

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer

Hillary might be able to wiggle out from under the "gross negligence" clause by claiming that someone else was responsible for the server. That's laughable, but Pagliano and company just might be scared enough of the Clinton machine to take the fall for her.

But, take a look at the second clause I highlighted. Hillary also had the responsibility to report a breach of classified information. But, she never did so.

This one is a lot harder to wiggle out from. Although she has claimed nothing was "marked classified" (which actually turned out to be false), the law doesn't make that distinction. And, there are certain things about which classification level is not in dispute: information that reveals methods of intelligence collection is considered to to be classified at the highest level -- top secret and SCI.

Clinton was "read in" to SCI, and signed a separate NDA agreement. All of this would have been explained to her.

10 posted on 07/03/2016 10:12:28 AM PDT by justlurking
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To: Ray76

If the FBI announces they will not indict - there will be plenty of leaks from disgruntled FBI employees as to what went on in the investigation and ultimate decision. This issue is like the hydra - you cut off one head and eight more emerge.


11 posted on 07/03/2016 10:12:44 AM PDT by RAldrich
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To: Ray76

“The president will allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible. However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama will simply use that famous pen of his to issue a succinct pardon and make formal mockery of the concept of equal justice.”


12 posted on 07/03/2016 10:13:21 AM PDT by randita
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To: Ray76
The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes.

What most of us want to know is how could they not be indicted for violating a number of federal criminal statutes?

Where can we get a Get Out Of Indictment Free card?

13 posted on 07/03/2016 10:13:34 AM PDT by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: nikos1121
I’d love to see her entire staff charged.

I wouldn't be surprised if one or more of her staff is charged. Whoever sent classified information to Hillary's server committed a crime, if they held a security clearance.

14 posted on 07/03/2016 10:14:07 AM PDT by justlurking
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To: Vaquero

Yep!! perfectly played!! She gets questioned on a three day holiday weekend when nobody is paying attention... so come Tuesday the mediawhores across every channel will trumpet the not guilty verdict! The majority of Americans Folk will probably wake up on Tuesday saying what the heck we didn’t even know she was being questioned! These people are evil and experts at the game of ripped off and rigged..they invented the rules!!! One reason why our country is facing so much criminal activIty...Nobody trembles at authority anymore!!


15 posted on 07/03/2016 10:14:51 AM PDT by RoseofTexas
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To: Ray76

racketeering
money laundering
witness intimidation
securities fraud
espionage
campaign finance fraud
mishandling of classified information
bribery
accepting bribes
contempt of Congress
obstruction of justice
evidence tampering

heck, that’s just off the top of my head


16 posted on 07/03/2016 10:17:36 AM PDT by SpaceBar
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To: SamAdams76

Congress republicans will close their ears eyes and mouths.

This is what’s happening ...Call it defeatist. But I see a light of that at the end of the tunnel. I do not believe Hillary can beat Trump. If you’re going to indict her do it after the election. I do believe the Pajama Boys who won’t vote from r Hillary, WILL vote for Bernie.

The millennials will stay home if Hillary is the candidate.


17 posted on 07/03/2016 10:18:12 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Ray76

Big difference between could be and will be


18 posted on 07/03/2016 10:19:20 AM PDT by Donglalinger
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To: Ray76

Even with eight crimes, it’s only the very tippy top of the Clinton Crime Familiy’s iceberg of crimes.


19 posted on 07/03/2016 10:24:58 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Ray76
Incorrect headline. Should be:

Eight Laws Hillary Clinton Won't Be Indicted For Breaking

20 posted on 07/03/2016 10:29:37 AM PDT by AlaskaErik (I served and protected my country for 31 years. Progressives spent that time trying to destroy it.)
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