Comey said “facts don’t support 793(f) case.” Nishimura is not a 793(f) case, it is a 1924(a) case.
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Thanks for the clarification.
It is possible that Hillary fits into NO classification - as outlined on the video below - the law changes for Hillary (a different threshold).
At 14:56 – topic of Clinton foundation investigation – not addressed in press conference
At 17:40 – topic of laws just for Hillary – special circumstances just for Hillary suggest to Comey that it should not be brought forth for prosecution – the law changes for Hillary Clinton
20 Minutes total
FBI’s Comey Says Agency Won’t Recomend Criminal Charges In Clinton Email Case Outnumbered
https://www.youtube.com/watch?v=NuyucXUrnhM
Comey's argument about "no reasonable prosecutor" was prefaced with a remark about 793 case law.
Mark my words, the talking heads are going to go down the 793 rabbit hole. It's what they do. Comey put the bait there, they'll take it.
I'm totally cynical about the law - the law is a powerful farce used by powerful people to suit their own ends. Selective enforcement, use as a political weapon (lawfare), out of thin air orders from courts. Entertaining, and logical once you realize it is all result oriented (pick the outcome first, then pick the law that delivers that outcome). I respect it becuase it is ruthless, not because it is just.