Don’t expect Obama’s Justice Department to prosecute either Hillary or Harry

Hillary Clinton (Reuters photo via WSJ)

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.

Harry Reid (Screen grab from video on YouTube)

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11 comments on “Don’t expect Obama’s Justice Department to prosecute either Hillary or Harry

  1. Rincon says:

    The shame of it all is that there are still lots of people who would vote for her to be President. It might be Mayor Barry all over again.

  2. Steve says:

    It will be interesting, if she runs.

    I think she has way too much baggage, I think she chases away moderate Democrat votes.

    The only way she takes the general election is if the alternative is so distasteful to the voters they simply stay away from the ballots…kinda like what the Democrats did this midterm.

  3. Bruce Feher says:

    Barack “Insane” Obama may need Hillary to give him a pardon!

  4. Patrick says:

    Almost certainly Unconstitutional as applied. And, surprising (not) that this law was passed under “president” bush and expanded far beyond Congressional intent, and that Thomas presumably favors the expanded use of this unconstitutional law.

    A little background.

    The Sarbanes-Oxley Act (the “Public Company Accounting Reform and Investor Protection Act”) was enacted in 2002 in response to the spree of corporate scandals that rattled both the market and investor confidence. The Act was described…as “an extensive overhaul of corporate fraud, [and] securities and accounting laws”, Elisabeth Bumiller, Bush Signs Bill Aimed at Fraud in Corporations, N.Y. Times

  5. Steve says:

    ” “president” bush ”

    They demand everyone respect the current underperformer in the WhiteHouse but the previous one…

    smh.

    Idiocy lives on in blind dedication.

  6. Rincon says:

    I don’t think I’ve seen anyone call Bush names.on this blog. Am I correct?

  7. Steve says:

    Lower cased the word President and the name Bush…placed quotes around the word President…..nah, no lack of respect shown there.

    Can’t see the trees with the forest in the way.

  8. Rincon says:

    A lack of respect, yes, but not name calling as in Barack Insane Obama seen above. Splitting hairs though. Generally I agree with you. It’s best to stick to the matter at hand and leave childish games to the children.

  9. Anonymous says:

    Children? Jorge Bush did as much to destroy the Constitution as any President ……. but all of that is forgotten when Zero moved into the White House! Jimmy Carter can now breathe a sigh of relief that he’ll never be the worst …….

  10. Athos says:

    Bush the elder started it, BJ totally debased the office (and the nation), Jorge spent money like a drunken sailor (but looks like a penny pinching miser compared to the current Prez) and just couldn’t say no to illegal aliens living off the government dole, and then the destroyer! We’ve had a 26 year run of big nanny state statists running our executive branch.

    Which gives cretins like Greid a green light to steal all the silver! I still think it was BJ that caused our nation to have its “shame-bone” removed! It’s unreal watching Greid brag about getting away with lies and theft. Although he does remind me of W.VA’s Robert KKK Byrd giving an interview on 60 minutes, back in the day. Too much time in DC political theater does some strange things to people, doesn’t it?

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