So, Hillary Clinton has wiped clean her email server that she used while serving as secretary of state.
“We learned today, from her attorney, Secretary Clinton unilaterally decided to wipe her server clean and permanently delete all emails from her personal server,” said House Select Committee on Benghazi Chairman Trey Gowdy on Friday.
Will the Justice Department take any notice of this? Ronald Rotunda, a professor at Chapman University’s Fowler School of Law, explained recently in The Wall Street Journal why it should:
The law says that no one has to use email, but it is a crime (18 U.S.C. section 1519) to destroy even one message to prevent it from being subpoenaed. Prosecutors charging someone with obstruction don’t even have to establish that any investigation was pending or under way when the deletion took place. As T. Markus Funk explained in a journal article for the National Association of Criminal Defense Lawyers, the prosecutor “need only prove that the defendant shredded the documents, at least in part, to make life more difficult for future investigators, if and when they eventually appear.”
Legal commentators call this “anticipatory obstruction of justice,” and the law punishes it with up to 20 years imprisonment. The burden of proof is light. The Justice Department manual advises that section 1519 makes prosecution much easier because it covers “any matters” or “’in relation to or contemplation of’ any matters.” It adds, “No corrupt persuasion is required.”
Will Justice take any heed of recommendations for the prosecution of Harry Reid, as called for by former U.S. Attorney Joseph diGenova and Cause of Action?
Here is an excerpt from Brietbart News:
“Here’s the issue,” diGenova tells Breitbart News in an exclusive interview. “Because his son was involved representing the SLS Casino and Hotel that sought the expedited EB-5 visa processing from the Department of Homeland Security, and because Harry Reid intervened personally, there is obviously the appearance of impropriety here.”
“The Senate Ethics Committee, if it examines this independently, would see this as an instance of Reid ‘bringing reproach upon the Senate.’”
“But there is also the issue of criminal conduct. This requires further investigation,” diGenova says.
“There is no doubt in my mind,” diGenova continues, “that an independent Department of Justice or an independent U.S. Attorney would open a preliminary criminal investigation into Harry Reid’s intervention into the expediting of EB-5 visas and would in addition convene a grand jury.”
“I would open a grand jury on this in a New York minute,” diGenova says.
Don’t hold your breath. This is Obama’s Justice Department. The name itself is an oxymoron.