Posted on 08/15/2016 6:55:41 AM PDT by HomerBohn
Former United States Attorney General Michael Mukasey tells MSNBC that not only is Hillary Clintons private email server illegal, it "disqualifies" her from holding any federal office. Such as, say, President of the United States. Very specifically it points to one federal law, Title 18. Section 2071.
For those of us who do not have United States Code committed to memory, heres what it says:
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term office does not include the office held by any person as a retired officer of the Armed Forces of the United States.
Word for word from the Cornell Law Library!
Yes, it explicitly states .shall forfeit his office and be disqualified from holding any office under the United States.
Can it be any clearer???!!!
But she won’t be if Trump isn’t elected.
George Orwell said, “I TOLD YOU SO!”
But that appears to be modified by the "filed or deposited with" part. I'm not saying you're incorrect; but those lawyerspeak weasel words have to be clarified before I can write my scathing letter to the editor. I hate being wrong because I didn't read or correctly interpret the fine print!
Sent to the Trump Campaign.
Hopefully he will use it embarrass the Harridan.
Laws?
Surely, you jest.
Laws are only for we Little People.
You must be CONVICTED of this crime for the stipulations to stick.
Can’t be a conviction if there isn’t a trial. Can’t be a trial unless the prosecution decides to bring forward the case to the court system.
“Did you kiss Comey saying they dont recommend prosecution?
No trial. No conviction. She can do what she wants”....
Perhaps we need to have charges brought against Comey for “knowingly aiding a criminal act”? Not sure that would work but damn sure would get some attention.
Time for a hard reset.
Dear Washington,
America is coming,
And they’re bringing Donald J Trump.
.shall forfeit his office and be disqualified from holding any office under the United States.
It depends on the meaning of what “his” is.
She hasn’t been convicted of violating that law.
Yeah, and what ever happened to Sandy Berger? He stuffed his pants with documents and walked out of the National Archives with them.
One must be convicted of having violated a particular statute in order to be liable for the penalties set forth thereunder.
Can it be any clearer???!!!
The whole point is that she will NEVER be convicted - not even indicted - unless she loses and Trump decides to tell his A.G. to reopen the investigation.
Then draw up articles of impeachment now and have them ready day one
The question with the Clintons, as always, is whether a/the conviction is required for the finding of fact. Stated differently, do the consequences stem from the finding(s) of fact or from the conviction(s)?
Absolutely brilliant legal minds apparently cannot figure this out.
If you rob a bank and they happen to be out of money and you walk out with nothing, have you really robbed the bank?
IANAL. Note carefully that the cited consequences [eg; whoever ____ willfully and illegally shall be _____] are worded such that a conviction does not appear necessary.
There are many laws that are written “whoever is convicted (of let’s say DWI) shall, upon first conviction _____ and upon second conviction ____
The word “conviction” or “____found guilty of” is not used in the 18 USC statutes.
Same old Clinton crap, huh? Worth hundreds of $$ millions.
“Those laws were written when this country was a country of laws.”
That’s a solid point.
He took it back.
http://www.nbcnews.com/news/us-news/former-ag-michael-mukasey-says-hes-wrong-about-clinton-e-n417291
BFL!
Who has the authority to enforce this law on behalf of the people? Only Comey, or only Lynch?
I would think she would have to be tried and convicted first. Otherwise she can’t be jailed, fined, or banned from holding office.
Comey would say that 1) she had this elaborate system of secret servers, but it doesn’t prove “intent.” However, 2) is the section that doesn’t mention intent. It simply says that if government property was in your custody and it was mishandled, you are disqualified from holding any federal office. That’s hitting the jackpot and that should be the basis of a law suit by states with dedicated Attorneys General. Strange that Comey couldn’t find this part of the law. He ought to be fired as the first thing President Trump does.
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