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Friday, July 08, 2016

Hillary was "Not Put Under Oath" and the Interview by the FBI was "Not Recorded"

By Capt Joseph R. John, July 8, 2016

Over the last year, Hillary repeatedly lied to Congress while under oath, lied in her response to questions during Presidential debates, lied during interviews with news media, and lied to the American people on how she handled Secret, Top Secret, and Sensitive Compartmented E-mails, that were transmitted and received on the unclassified private E-mail server in the basement of her home.

Hillary Clinton also lied in her testimony while under oath to Congress, about the “Radical Islamic Terrorists “ who attacked on the US Mission in Benghazi, Libya.  She also lied to the families of the 4 dead Americans who were killed in Benghazi, within close proximity to their American Flag draped caskets, immediately after their bodies arrived at the Delaware US Air Force Base.  She also repeatedly lied to the American people and the news media, when she said the attack on the US Mission in Benghazi was the result of a demonstration against a U-tube video that went bad, when on the night of the attack, she told her daughter that the attack was conducted by an Al Q’ieda type terrorist group.

After many years as a practicing attorney, 8 years as a US Senator, 8 years as the Secretary of State, Hillary had been repeatedly briefed and required to execute proof of her understanding, under penalty of perjury, on how to handle classified material.  Hillary very well knew that in transmitting and receiving classified E-mails on an unclassified server, that she was violating US Federal Laws. 

In his testimony before Congress, the FBI Director alleges Hillary Clinton did not know what she was doing when she was violating Federal Laws; if that is true, it goes to her lack of “competence”; she has demonstrated that she is “incompetent” to ever be trusted to handle classified material again.

FBI Director Comey told the American people that the FBI did a “comprehensive” investigation of whether Hillary Clinton violated US Federal Laws.  He said Hillary had “No Intent”, even though he knew she repeatedly lied while she was under oath in her sworn testimony to Congress on her handling of classified material.  By lying to Congress under oath, she perjured herself, which was evidence of her “Intent” to mislead and deceive Congress about the details of how she received and transmitted Secret, Top Secret and Sensitive Compartmented E-mails on the unclassified server in the basement of her home.   

Most Americans fully understand that perjury in testimony before Congress, while under oath, is a federal crime.

Hillary interview by the FBI was not conducted in the same manner that all other suspects in a criminal case are interviewed.  FBI Director Comey not only did not attend the 3 ½ half hour (very short) interview of Hillary Clinton, but incredulously, he did not ensure she was put “Under Oath”, did not ensure the interview was “recorded”, and did not require to have a “transcript” taken of the interview for retention by the FBI.  Before the FBI Director ruled against referring Hillary’s case for criminal prosecution, Director Comey did not even speak to the 5 or 6 FBI Agents who interviewed Hillary on a Saturday on the 4th of July weekend.

The FBI Director’s decision not to recommend the indictment of Hillary Clinton, negatively affected the view of millions of Americans, who developed the impression that there is no equality in the “Rule of Law”.  At a minimum, the way FBI Director Comey had the FBI handle the interview of Hillary Clinton, it also led the American people to believe there are two sets of rules for enforcing US Federal Laws.  There is one for Hillary Clinton, and another for other Americans, who have been previously prosecuted, convicted, and jailed for doing far less than what Hillary did, in their own handling classified material.  

After the FBI Director Comey laid out the predicate on how Hillary repeatedly violated US Federal Laws over a 4 year period, then he drew an erroneous conclusion when he said “no reasonable prosecutor would bring such a case” because she had no “Intent.”  Hillary’s “Intent” was proven when she repeatedly lied to Congress, about how she was handling classified material.  However, thousands of Americans are currently serving prison sentences for mishandling classified material, and in many of their cases, “Intent” was never proven.  “Intent” is not required to convict someone for violating Federal Laws governing the handling of classified material.

Hillary Clinton and her staff, who were involved in improperly handling extremely sensitive compartmented E-mails (those E-mails are more highly classified than Top Secret), were incredibly reckless, and they should never be allowed to handle classified material again. 

Hillary Clinton’s case should have been referred to the Justice Department for indictment, so that the Justice Department could have referred the her case to a Grand Jury, in order to allow the Grand Jury to make the decision.  If Hillary were a soldier in the US Army and had violated the handling of classified material, she would have lost her security clearance, would have been faced with criminal prosecution, and would have loss pay.  Director Comey prosecuted and convicted members of the US Navy for mishandling classified material, without having to prove “Intent.”    
Yesterday the US Attorney General gave Hillary a pass on prosecution for her gross violation of mishandling classified material over a 4 year period, in violation of Federal Laws governing the handling of classified material; it was a extremely bad day for the American Justice System.

Copyright 2016, Capt. Joseph R. John. All Rights Reserved. This material can only be posted on another Web site or distributed on the Internet by giving full credit to the author.  It may not be published, broadcast, or rewritten without permission from the author 
Joseph R. John, USNA ‘62
Capt     USN(Ret)/Former FBI
Chairman, Combat Veterans For Congress PAC
2307 Fenton Parkway, Suite 107-184
San Diego, CA 92108



Then I heard the voice of the Lord, saying, “Whom shall I send, and who will go for Us?” Then I said, “Here am I. Send me!”
-Isaiah 6:8


                                                                                                 Hillary Clinton Above The Law

By Capt Joseph R. John, July 6, 2016

Federal Prosecutor, Law Enforcement Officer, and most clear thinking law abiding citizens throughout the nation are concerned with the FBI Director’s decision to decision to summarily acquit Hillary Clinton.   FBI Director James Comey stated that Hillary Clinton sent and received Secret, Top Secret, and Compartmented messages on her unclassified private E-mail server, and went on to say “we believe that hostile actors gained access to the private commercial E-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account.”  The FBI Director also stated that Hillary Clinton was “extremely careless” (another way of saying “grossly negligent”) in handling and transmitting very sensitive classified information.

Hillary violated US Federal Laws, violated National Security Statues, and put the National Security of the United States at risk; some of her staff handling the server and the messages didn’t have proper security clearances  Many of the 24 million Americans who served in the US Armed Forces and handled classified messages, would have been prosecuted if they illegally destroyed 30,000 messages, and transmitted & received 110 messages containing clearly marked classified information, from an unclassified server. 

Hillary’s actions demonstrated “gross negligence”; “gross negligence” is a “felony.” Over a 4 year period, Hillary Clinton repeatedly violated federal statues governing the handling of over 100 Secret, Top Secret, and compartmented messages. The FBI could have easily met the standard to prosecute Hillary for her “negligence” in handling Secret, Top Secret, and Compartmented messages

The central flaw in the acquittal of Hillary was “Intent”. Intent “does not” matter in US Federal Laws governing the handling of classified material.  Thousands of Americans have been prosecuted for “mishandling” classified material—never having had “Intent.” 

The FBI Director’s findings revealed the Hillary Clinton misled the American people over and over again.  Director Comey contradicted Hillary repeated statements on national TV when she said, she never transmitted or received classified messages on the unclassified server in the basement of her home. 

This final decision in the Case of Hillary Clinton, brings into question the manner in which this case was resolved, brings into questions the judgment of the FBI Director; and demonstrated to the American people that in the Obama administration there is “Not Equal Justice Under Law” because thousands of Americans have been convicted and sent to prison for doing much less than Hillary Clinton did. 

A cautious FBI Director should have impaneled a Grand Jury, then he should have referred the findings of the investigation to the Grand Jury.   Violation of the Federal Statues should have been considered by the Grand Jury, and the FBI Director should have announced the Grand Jury’s decision to the American people.     

The decision by Director Comey to summarily acquit Hillary for her actions over a 4 year period in illegally destroying 30,000 messages, while transmitting and receiving over 110 messages containing clearly marked classified information, on an unclassified server in her home, was a miscarriage of justice that “Violated the Rule of Law.”  Director Comey’s summarily acquittal of Hillary Clinton damaged the fine reputation of the FBI.

Copyright 2016, Capt. Joseph R. John. All Rights Reserved. This material can only be posted on another Web site or distributed on the Internet by giving full credit to the author.  It may not be published, broadcast, or rewritten without permission from the author 

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