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OpEdNews Op Eds    H2'ed 5/31/16

Yes, Hillary's Server Was Criminal, And The DNC and Obama Could Use it to Totally Subvert Democracy

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There are a lot of reports and claims, analyses and interpretations of the latest findings from on Hillary's private server and emails.
Attorney and Hillary supporter Dan Metcalfe has written, for the law blog,, a particularly credible and persuasive article, Hillary Clinton's Emails Now Might Finally Take Her Down, which suggests a nauseating, yet terrifying possibility. It all hinges on FBI Director Comey doing his job, and, most important, when.

Here's Metcalfe's bio:
Dan Metcalfe is a registered Democrat who has long said that he will vote for Hillary Clinton in November "if she escapes indictment and manages to become the Democratic presidential nominee." He served as Director of the Justice Department's Office of Information and Privacy for more than 25 years, during which time he handled information-disclosure policy issues on the dozens of Clinton Administration scandals that arose within public view, as well as two that did not. Since retiring in 2007, he has taught secrecy law at American University's Washington College of Law.
Metcalfe first discusses the legality of Hillary's private server, which we'll get to in a minute, but he then goes on to speculate what the DNC and Obama, through the FBI and the DNC could do, which is enough to make you grind your teeth and puke-- no teasing here, but get your barf bag out-- they'll wait until after the Philly convention to bring charges against Hillary, offer her a deal to go light on her if she drops out, then replace her, with John Kerry or Joe Biden.
So, let's first look at what Metcalfe says about Hillary's criminality. His assessment is damning:
"...knowing that there are no applicable penalties within the FRA (Federal Records Act) (or in the FOIA, for that matter, which Ms. Clinton also blatantly circumvented), the primary significance of the IG (State Department's Inspector General) report is that it so flatly and persuasively belies nearly every public "defense" that she has uttered on the matter...
"No, her self-serving email set-up was not "allowed" under the State Department's rules. No, she was not "permitted" to use a personal email system exclusively as she did. No, what she did was hardly just a matter of her "personal convenience." No, there is no evidence that any State Department attorney (other than perhaps Secretary Clinton herself) ever gave "legal approval" to any part of her special email system. No, everything she did was not "fully above board" or in compliance with the "letter and spirit of the rules," far from it."
Metcalfe says that Hillary was REQUIRED by the Federal Records Act to maintain all of her official emails in an official system so they could be properly reviewed delineated and retained when she left the State Department. He also says that her private server was subjected to multiple attempts at intrusion, in other words, hacker efforts, including ones by foreign nations.

Metcalfe offers an interesting exploration of how different players-- Sanders, Trump, the DNC, etc. would consider the risks of Hillary being indicted. Then he throws down the hammer that Hillary:

"...seriously wounded by this week's IG (inspector general) report, is manifestly vulnerable to a much greater wound in the form of a criminal indictment for misconduct that far transcends what the IG report dealt with.

"Former Secretary Clinton's intent (known in criminal law as mens rea), or lack of same, is not what matters in this case. Rather, the applicable legal standard is a mere "gross negligence" one, as specified in the standard national security non-disclosure agreement that she signed and its underlying criminal statutes.

And when you marry that to the fact that (among other things) her admitted failure to use the State Department's special classified email system for classified (or potentially classified) information constituted a clear violation of a criminal prohibition" And this is especially so given that Ms. Clinton did not just violate such laws inadvertently or even only occasionally -- she did so systemically. In other words, her very email scheme itself appears to have been a walking violation of criminal law, one with the mens rea prosecution standard readily met.

"....the ongoing investigation of Ms. Clinton's misconduct is being conducted by the FBI, under the leadership of FBI Director James Comey. Those of us who worked under him when he was the deputy attorney general during the George W. Bush Administration know him to be an exceptional man of utmost integrity, one who can be counted on to recommend a criminal prosecution when the facts and the law of a case warrant it, regardless of political circumstances. Given that the facts and law are so clear in Ms. Clinton's case, it is difficult to imagine her not being indicted, unless Jim Comey's expected recommendation for that is abruptly overruled at "Main Justice" (i.e., by Criminal Division Assistant Attorney General Leslie Caldwell, by Deputy Attorney General Sally Yates, or by Attorney General Loretta Lynch) or at the White House by President Obama (who customarily does not intervene in such things and would do so here either secretly or at no small political peril)."

Metcalfe speculates how the prosecution will pan out. He suggests that
FBI director James Comey will do the right thing, but the question is When? He predicts it will happen shortly AFTER Hillary wins the nomination and has selected a VP who is confirmed, that Obama, as head of the Democratic party, will make it clear that Hillary is in serious trouble, declare an emergency and offer Hillary a lenient treatment, like Spiro Agnew was given, in exchange for stepping down. Joe Biden or John Kerry will be put in her place to run as President with the VP Hillary selected and the Convention approved running with Kerry or Biden.
I'm not sure Hillary would go willingly, but if Obama, who has not endorsed her this late in the campaign, sticks it to her, and makes a serious threat, this is possible.
Metcalfe thinks Bernie as candidate would be a disaster. Of course, I strongly disagree. I hope that Metcalfe is right about FBI director Comey, that he'll prosecute Hillary. But I hope he does the right thing for America, for democracy and justice and announces it before the Philly Convention. Anything less would be a betrayal of the American people.
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Rob Kall has spent his adult life as an awakener and empowerer-- first in the field of biofeedback, inventing products, developing software and a music recording label, MuPsych, within the company he founded in 1978-- Futurehealth, and founding, organizing and running 3 conferences: Winter Brain, on Neurofeedback and consciousness, Optimal Functioning and Positive Psychology (a pioneer in the field of Positive Psychology, first presenting workshops on it in 1985) and Storycon Summit Meeting on the Art Science and Application of Story-- each the first of their kind.  Then, when he found the process of raising people's consciousness and empowering them to take more control of their lives  one person at a time was too slow, he founded which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from predominantly Top-down (hierarchical, centralized, authoritarian, patriarchal, big)  to bottom-up (egalitarian, local, interdependent, grassroots, archetypal feminine and small.) Recent long-term projects include a book, Bottom-up-- The Connection Revolution, debillionairizing the planet (more...)

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