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The Comey Non-Crisis

By       Message Rob Hager       (Page 1 of 5 pages)     Permalink    (# of views)   17 comments

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opednews.com Headlined to H3 5/11/17

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CNN commentator and author Jeffrey Toobin served as an apologist for Clinton in her Servergate scandal on grounds that she was "not clear" about classification distinctions and also "at sea with technology." He called the Comey firing "a grotesque abuse of power by the president of the United States." This provided the marching orders for Clinton Democrats on the attack again. They could not be more wrong again.

James Comey is either a political hack who does not know the fundamental difference between motive and intent in criminal law or he deliberately lied in claiming there was insufficient evidence of intent to prosecute Clinton for her intentional mishandling of government records on her private server. For this reason he should have been fired, if not impeached, long ago.

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The overt reason that Comey was fired should be easy for progressives to accept as good cause. That reason, based on democratic principle, was explained in a professional manner by Deputy Attorney General Rod J. Rosenstein in his Memorandum to the Attorney General dated May 9. 2017. The Memorandum was adopted, with some additional unnecessary boilerplate, by Attorney General Sessions, and in turn accepted, irrelevantly annotated with his equivalent of a tweet, and then acted upon by President Trump. The reason for firing provided in the Memorandum is Comey's unprofessional "handling of the conclusion of the investigation of Secretary Clinton's emails." Not firing Comey on this ground would have constituted a precedent undermining democratic norms.

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Rob Hager is a public-interest litigator who filed a Supreme Court amicus brief n the 2012 Montana sequel to the Citizens United case, American Tradition Partnership, Inc. v. Bullock, and has worked as an international consultant on legal (more...)
 

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