Saturday, July 9, 2016
The Hillary Defense
By Jim Emerson, staff writer
This week FBI Director James Comey recommended that the Justice Department not prosecute Hillary Clinton or members of her staff on charges of mishandling classified information. This action highlighted two sets of rules regarding national security--one for senior government officials and one for everyone else. Calling the former secretary of state and her staff was “extremely careless” using a private server and private email accounts for Government work and sending and receiving highly classified information. The FBI found that 110 of her emails contained such classified information.
The director made his decision shortly after the agency interviewed Clinton in a three and one half hour session prior to which she did not swear to tell the truth! The interview was not recorded and no transcripts exist. Apparently the FBI policy is to not record interviews as part of its investigations. Attorney General Loretta Lynch was quick to agree with Director Comey’s decision and immediately closed the case.
Lawyers representing government and military personnel who have had security clearances revoked are planning to exploit director Comey’s recommendation. They are seeking to use the tactic to exonerate their clients for security violations. If Clinton is elected, those same lawyers will ask any federal agency how it can consider someone a security risk given that Hillary broken all of the same laws. Today, former federal employees are in jail or have lost their position for security lapses that are mild when compared with what was found on Mrs. Clinton’s server.
One of the first tests for the “Clinton Defense” will be the Maj. Jason Brezler case. The Marine Corps officer has been locked in a legal battle with the Corps to remain a Marine. The Major is a hero to several members of Congress, Marine generals and military veterans. He sent a classified message using Yahoo, since all other means of sending a secure message were down; his purpose, to warn fellow Marines in Southern Afghanistan about a potentially corrupt Afghan police chief. Several days later one of the police chief’s chai boys killed three Marines and severely wounded a fourth with a Kalashnikov. Maj. Brezler self-reported that he had improperly disseminated classified information. Even so, his action may have saved many more lives.
Maj. Brezler's attorney, Michael J. Bowe, is planning to use the Hillary Clinton email case “to cite the treatment of Clinton as one of the many and most egregious examples of how severely Brezler was punished.” (2) Attorney Bowe told The Washington Post that the Major secured a stay on the decision to discharge him until the end of October. His case is before a federal judge who is expected to rule by then. It will be interesting to see if America still has equal Justice for all; even for those whose name is not Clinton.