The FBI is Just Days Away From Possible Clinton Indictment

America is just days away from the FBI announcing if they will indict Hillary Clinton for hosting an email server in her home, deleting over 30K emails and wiping the server clean. This week in the Clinton Lies series we focus on this email scandal as yet another example of Mrs. Clinton’s low moral and ethical standards.

Hillary Rodham Clinton is so well protected in Washington no one is going to convict her of any crimes. So it is up to you, the American people, to send a very strong message to Washington that you are not going to tolerate criminal activity in our political system and the way you do that is by not voting for Hillary Clinton.

This is an issue of ethics. When America goes to the polls in November you have to ask yourself: “Do I want our next President to be ethically challenged prior to even being sworn in?” Hillary Clinton kept a separate email server at her house setup by a former state department aide, who has been granted immunity provided he speaks freely with the FBI.

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The FBI is reviewing if she retained classified materials on her personal email account. If so, then she violated the same statute General Petraeus has already pleaded guilty to. It’s a misdemeanor – it’s not a felony – there’s no grand jury there’s no trial jury. However, the punishment is up to a year in jail and a $100K fine PER DOCUMENT!!

And this is where things get tricky. You see, according to an initial investigation there are approximately 22 highly classified documents found on that private server. So classified, in fact, that the FBI legal team reviewing the case isn’t even allowed to read them.

Clinton’s defense is that those documents weren’t marked classified prior to the investigation. However, they couldn’t have been marked classified, because by not using government servers, she actually prevented the government from reviewing those emails. What she isn’t telling the American public is that as secretary of state, she held the same level of clearance as the president, the secretary of defense and the head of the CIA. She holds original classification authority, which means she’s the person who at the highest level can mark something classified. So of course there wasn’t an email marked classified on the server – it was her job to do that!!

There are four sections of the law the FBI is reviewing in this case. First, the Federal Records Act requires agencies hold onto official communications, including all work-related emails. Government employees cannot destroy or remove relevant records. The Federal Records Act of 1950 provides the legal framework for federal records management, including record creation, maintenance, and disposal. Federal agencies are required to establish an ongoing program for records management and to cooperate with the National Archives and Records Administration.

Hillary 4 PrisomAn amendment signed in 2014 by President Obama, with bipartisan support, modernized the Federal Records Act expanding the definition of federal records to include electronic records. The act grants The National Archivist as the final decision makers on what constitutes a Federal record. It also clarified the responsibilities of federal government officials when using non-government email systems and empowered the National Archives to safeguard original and classified records from unauthorized removal.

This case also questions if the email server represents a blatant circumvention around the freedom of information act as it is designed to improve public access to agency records and information. By Mrs. Clinton deleting 30K emails she may have already violated this act.

The deletion of emails may also go against The National Archives and Records Administration’s regulations, which stresses that materials must be maintained “by the agency,” that they should be “readily found” and that the records must “make possible a proper scrutiny by the Congress.” Federal law does allow government officials to use personal email so long as relevant documents are preserved for history.

The FBI will also be looking at Section 1924 and 798 from Title 18 of the U.S. Crimes and Criminal Procedure Code, which focuses on the deletion and retention of classified documents. “Knowingly” removing or housing classified information at an “unauthorized location” is subject to prosecution as a Class A misdemeanor federal crime under section 1924 and a class A felony under section 798.

At the very least, if the FBI aren’t able to tie any of these laws to her wrong doing, then the non-disclosure agreement she signed as secretary of state says that classified and non-classified documents are all to be treated as sensitive. She’s been trained to know the difference. And again, we’re talking about someone running for the Presidency of the United States of America.

This investigation into the Email servers should immediately disqualify her from running. This is an issue of secrecy. This behavior echoes her unwillingness to release the Goldman Sachs transcripts. Her campaign even went so far as to recently turn on a noise machine outside of a fundraising event where she spoke to high profile donors.

And let me tell you another thing. If she gets into the white house, I guarantee the next four years will be spent with the Republicans circling around this case. She will immediately become an ineffective president, Day 1.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by

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