I have had enough of waiting for the “In”Justice Department to do its job. If we fail to maintain the rule of law equitably in this country from the top to the bottom we have neither freedom nor a republic. Abolishment of the rule of law effectively abolishes the United States of America and replaces it with a despotic banana republic. The failure to equitably enforce the law is one of the gravest dangers to any free nation. It is an absolutely essential element of any free and civilized democratic nation. The agents of the Federal Bureau of Investigation must uphold their duty at all costs to the equitable enforce the rule of law even when extending it to the very highest offices in this nation. In fact, making sure our most senior leaders are held the most accountable is an indispensable requirement to the function of our nation. By this bar, Hillary Clinton will not only be ineligible to hold any public office and should already have had her ability to obtain a security clearance revoked.
A citizen doesn’t have to be a US Attorney or federal agent to understand that the United States Code with respect to criminal offenses has been repeatedly and flagrantly violated by Mrs. Clinton. Further, based on the open source information that has already been released through FOIA requests, more than enough evidence is available for even the worst agent to assemble enough probable cause to go in front of any reputable judge and get either an indictment or directly obtain warrants for Hillary’s arrest. Other than for reasons of political corruption, it is insane to entertain any reason why national security has been allowed to lapse and “ALL” of Hillary Clinton’s emails and related servers were not immediately seized by the FBI. It is unprecedented that in a matter involving national security the suspect would be allowed to dictate the timeline and piecemeal subpoenaed evidence. This alone stands as a testament to the corrupting political influences that have already affected the prosecution of the case against Hillary Clinton. Further, there is no lawful explanation why all of the emails held by the Department of State have not been immediately turned over to the FBI. If there is a shortage of manpower to investigate the potential crimes committed, I would suggest that instead of shooting old cowboys in Oregon, the FBI would be better served focusing on real criminals.
Hillary Clinton is suspected of disclosing classified information. This isn’t a small issue or oversight. Now hundreds and perhaps thousands of emails were willfully and knowingly transmitted via unsecure means to uncleared persons that contained not just Secret, but Top Secret information. All of these facts are legally pertinent for a criminal conviction and all of the evidence is already publicly available. For those of you that believe that Hillary somehow unknowingly passed this information, you are not just incredibly naïve and or stupid, you are 100 percent wrong. Those of you that have worked in the intelligence community know the measures in place to prevent spills of classified information from the high to the low side. A by name, need-to-know access list is maintained for all Top Secret – Sensitive Compartmented Information or “TS-SCI” and Special Access Programs, “SAP.” One must be individually read in to SCI and SAP intelligence, which is handled in a very special manner and is physically separated from other types of intelligence. This type of highly sensitive intelligence to include the means by which the intelligence was gathered just doesn’t get out by accident or unknowingly because the system has been designed through trial and error by generations of intelligence experts to explicitly prevent such a disclosure. Let me be very clear to those that still don’t get it. The definition of Top Secret is: “containing or being information whose unauthorized disclosure could result in exceptionally grave danger to the nation.” “Exceptionally grave danger to the nation.” Let the gravity of the damage done by Hillary Clinton’s reckless use of a private server to hide her other illegal activities sink in. Someone so reckless as to disclose information that would cause “exceptionally grave danger to the nation” is under no uncertain circumstances, absolutely and positively unfit for any office. In fact, according to 18 U.S. Code § 798 – Disclosure of classified information:
(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
The law is clear. People that have committed far less crimes such as Private Bradley Manning are serving long sentences and rotting in jail. Others like Edward Snowden are living in exile for exposing illegal and unconstitutional activities. However, Hillary has jeopardized the most sensitive and damaging of US secrets and caused untold damage to our national security and still has the hubris to run for any office. The arrogance of this woman is unprecedented. I am not sure why over a hundred whiz kid agents at the FBI can’t put two and two together and get the damn indictment or preferably the arrest warrant and hold her without bail because she is a flight risk and could possibly receive asylum in another country in exchange for sensitive information she has been privileged to. As citizens, we need to drop the political partisanship and come together against what could be construed as high treason. The media in particular needs to drive home the fact Hillary Clinton is unfit, a criminal, and has caused extremely grave damage to our national security, which by definition can’t be undone.
Unfortunately, for a host of reasons, the list of federal crimes Hillary could and should be charged with doesn’t stop there with disclosing classified information. The clear cut obstruction of justice by not just Hillary, but her cronies within the Department of State to prevent the full and immediate release of all emails should also be charged. For a judge not to have invoked at least contempt at this late stage in the game can only be seen as political corruption because any “average” citizen would have long been thrown in jail. I tend to think that as soon as the minions found themselves facing criminal charges, things like snowstorms wouldn’t stand in the way of a prompt turnover of all Clinton emails. Further, I am willing to bet that more than a few cronies would turn state’s evidence against Hillary respective of far bigger crimes. Sadly, the FBI again seems completely incapable of breaking out the code book and matching her actions with criminal acts. To help, I have compiled just some of the counts that Hillary and her cronies should be facing with respect to contempt and obstruction:
• 18 U.S. Code § 401 – Power of court
o A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
o Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
o Misbehavior of any of its officers in their official transactions;
o Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
• 18 U.S. Code § 402 – Contempts constituting crimes
o Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.
• 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
o Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so
• 18 U.S. Code § 1519 – Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
o Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
The charge sheet doesn’t stop with contempt and obstruction. “Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich,” by Peter Schweizer is a very well researched and document book that alone would be enough to go to a Grand Jury and get an indictment for a laundry list of bribery, money laundering, conspiracy, and campaign finance crimes. One familiar with the case law knows that the bar for conviction is not high with particular respect to some of these crimes to include conspiracy. In fact, with bribery, one only needs to be indirectly linked to the bribe and the state only needs to show the accused was “influenced” by that bribe for conviction. Certainly anyone with an unbiased and operating mind can connect the dots between the millions the Clintons received in speaking engagements and Hillary making favorable decisions while in charge of the Department of State for those donors. At minimum, there is no question probable cause exists to open and investigation and conduct a full audit of the Clinton’s finances to include their daughter Chelsea, which received enormous salaries for positions she was unqualified for and effectively did nothing. If there can be any direct or indirect linkage between the Clintons receiving anything of value and a favorable decision being made for the specific donor, the case is made. What is also important to note is that if Hillary is found guilty of any of the bribery or corruption charges, by law, she will be ineligible to hold public office. The specific laws include:
• 18 U.S. Code § 201 – Bribery of public officials and witnesses
o (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
o being influenced in the performance of any official act;
o being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
o being induced to do or omit to do any act in violation of the official duty of such official or person;
o shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
• 18 U.S. Code § 371 – Conspiracy to commit offense or to defraud United States
• 18 U.S. Code § 208 – Acts affecting a personal financial interest
• 18 U.S. Code § 602 – Solicitation of political contributions
I wish I could say that is all, but someone that has so flagrantly violated so many laws is not likely to have stopped with just these violations. A historical review of the Clintons supports this assessment because they literally have been involved in one scandal after another their entire lives. Some of these include their fraudulent real estate investments related to the “Whitewater” investigation, dodging the draft, perjury, use and trafficking of illegal narcotics, solicitation of prostitution, intimidation of witnesses, sexual assault, rape, and even possibly murder. One alleged criminal incident could be written off as perhaps someone trying to frame or malign them politically, but twice is highly suspect, and three or more times is exactly what it appears. Not just Hillary, but the entire family makes up the criminal elite of our nation. The Clintons are some of the most corrupt people and hold the highest levels of public office.
The evidence is overwhelming. The law is clear. It is the duty of the FBI, the Justice Department, and our courts to not only aggressively investigate, but to prosecute to the full extent of the law these criminals. Nowhere does the law give exception to criminal action because of high office. The Justice Department exists to protect us against just this type of criminal and I expect them to do their job. If they fail to indict Hillary, Congress should cut off all funding of the Justice Department and the agents should resign in protest. Any judge involved should be impeached. At least we could cut our losses and the agents could leave with some honor. However, understand that failure to indict Hillary will be a fatal mistake for our nation. Every agent and employee from the top down at the Justice Department needs to think long and hard about what the future looks like for their kids in a country where the leadership is above the law. The US cannot stand as a free and democratic republic if the rule of law is diminished. Lawlessness and anarchy will be that future.
By Guiles Hendrik
January 30, 2016