Why Comey Recommended Against Prosecuting Hillary

Vincent J. Curtis

5 July 2016

Why did FBI Director James Comey conclude that "no reasonable prosecutor" would expect to get a conviction against Hillary for her gross negligence in handling classified information on her private server?

Because he would have to accuse President Obama as well.

That would be very hard on the Republic.  Comey would be declaring no confidence in his ultimate boss, President Obama.  That would be very hard for him to do, and not resign.  Ditto for a U.S. Attorney, or U.S. Attorney-General.

There are only so many people on earth with whom Hillary could have had a conversation about Top Secret - Special Compartmented Information.  They would include her top adviser in the State Department, the relevant head of the intelligence agency, maybe the President's National Security Adviser, and President Barack Obama himself.

The career civil servants are abundantly aware of the proper handling of that kind of material, and serve beyond the current Administration.  Their careers would be at risk if they did that.

The amateurs would be Hillary herself, Barack Obama, and maybe the NSA. Obama has no more regard for the professional systems than Hillary does.

If Obama was the one with whom Hillary was having these conversations that Comey condemned as ought never to have been had on unsecured means, then Hillary's defense would be that the president knew and approved it since he was a part of it.  In addition, the email chains containing these TS-SCI matters would likely have to be entered as evidence at trial.

That the president knew and approved, and that he ought therefore also to be in the docket with her, would constitute a difficult defense to overcome.  The risk of the secret material being entered in evidence at trial would clinch the matter for the "reasonable prosecutor."

Obama denied knowing about Hillary's secret server, but we now know that he did correspond with Hillary on a few occasions on her private server, at least 22 times.  Obama knew the danger of being complicit, and that's why he denied knowing about it, and why Hillary did not turn over those emails to the State Department because they could be so damaging to her possible protector.

Find out who Hillary was having the TS-SCI conversation with, and we'll understand why Comey recommended against prosecution.

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