Transmission and storage of top secret government data by means of Hillary's home server was a violation of 18 U.S. Code § 793(f) - Gathering, Transmitting or Losing Defense Information, but will Obama allow her to be indicted?
In a must-read New York Post article entitled "‘This was all planned’: Former IG says Hillary, State Dept. are lying" by Paul Sperry, we are told of the opinion of Howard J. Krongard, who was the US State Department's inspector general from 2005 to 2008. Sperry writes:
"The State Department is lying when it says it didn’t know until it was too late that Hillary Clinton was improperly using personal e-mails and a private server to conduct official business — because it never set up an agency e-mail address for her in the first place, the department’s former top watchdog says.
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He says 'the key' to the FBI’s investigation of Emailgate is determining how highly sensitive state secrets in the classified network, known as SIPRNet, ended up in Clinton’s personal e-mails.
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FBI agents are focusing on three of Clinton’s top department aides. Most of the 1,340 Clinton e-mails deemed classified by intelligence agency reviewers were sent to her by her chief of staff, Cheryl Mills, or her deputy chiefs, Huma Abedin and Jake Sullivan, who now hold high positions in Clinton’s presidential campaign."
So of course, the emails in Hillary's servers were not marked "Confidential," because her aides, who allegedly removed the top secret data from SIPRNet and sent it to Hillary, did not mark it as such. However, Hillary's claim that the emails are not marked confidential is a red herring, given that criminal liability is not predicated upon such labeling.
Krongard says that Hillary will not be indicted:
"For one, he says, any criminal referral to the Justice Department from the FBI 'will have to go through four loyal Democrat women' — Assistant Attorney General Leslie Caldwell, who heads the department’s criminal division; Deputy Attorney General Sally Yates; Attorney General Loretta Lynch; and top White House adviser Valerie Jarrett.
Even if they accept the referral, he says, the case quickly and quietly will be plea-bargained down to misdemeanors punishable by fines in a deal similar to the one Clinton’s lawyer, David Kendall, secured for Gen. David Petraeus. In other words, a big slap on the wrist."
Indeed, criminal charges will not be filed against the IRS's Lois Lerner, so why shouldn't Hillary enjoy the same benefits?
However, there is another powerful reason why Hillary will not be touched: Her email correspondence with President Obama via her private email address. You will recall that Obama claimed on 60 Minutes that he had no knowledge of Hillary's private server.
Or stated otherwise, the United States is fast becoming a banana republic with one set of laws for those serving the president's interests, and another for the plebeians. This outrage, and not Obamacare or the unsigned nuclear agreement with Iran, could well be Obama's lasting legacy.