Federal Bureau of Investigation Director Jim Comey made an “unusual statement” today explaining why the FBI is recommending “no charges” in connection with Secretary of State Hillary Clinton’s use of a private e-mail server.
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.
Legal experts have been saying for a long time that criminal charges were unlikely, in the absence of intent to break the law, especially since former CIA Director David Petraeus was allowed to plead down to a misdemeanor for deliberately leaking classified information.
However, Clinton’s ill-advised e-mail practices will remain a political problem for the presumptive Democratic nominee. Comey underscored the “extremely careless” handling of classified information by the secretary and some of her colleagues. U.S. House Republicans plan to hold hearings on why the FBI didn’t recommend criminal charges. Today U.S. Senator Chuck Grassley called on the FBI to release more evidence from its investigation “so the public can make an educated decision on its own about the judgment and decision-making of all the senior officials involved.”
Meanwhile, Stephen Braun and Jack Gillum of the Associated Press examined six public statements by Clinton about her e-mails that were either questionable or untrue, based on the FBI’s findings. Republican Party of Iowa Chair Jeff Kaufmann repeatedly alleged today that the investigation had been “rigged,” saying Clinton had “lied” on many occasions and that “anyone else in the country” would be indicted for similar conduct.
I enclose below the full statements from Grassley and Kaufmann, along with some expert opinions on the case and some of Republican presidential candidate Donald Trump’s comments about the FBI recommendation. Any relevant comments are welcome in this thread. Former Justice Department spokesperson Matthew Miller called Comey’s press conference “absolutely outrageous” and a violation of standard department practice not to comment on ongoing investigations.
UPDATE: Grassley told reporters on July 6 that he has written to Comey asking for answers to many questions about the e-mail investigation. He also said some senators are drafting a bill to revoke Clinton’s security clearance, adding that such a bill might be “an unconstitutional bill of attainder.”
SECOND UPDATE: Representative Steve King posted on Twitter on July 6, “FBI Dir. Comey/DOJ gave us truth but not justice. Confirmed, the Rule of Law took a heavy blow again from the Clintons. Obama is culpable.”