Hillary in Big Trouble

The FBI investigation of former Secretary of State Hillary Clinton’s failure to protect state secrets contained in her emails has entered its penultimate phase, and it is a dangerous one for her and her aides.

Federal law enforcement sources have let it be known that federal prosecutors and the FBI have completed their examination of raw data in the case. After the FBI acquires raw data — for example, the nature and number of the state secrets in the emails Clinton failed to protect or the regular, consistent, systematic nature of that failure — prosecutors and agents proceed to draw rational inferences from that data.

Then they proceed to corroborate those inferences, looking for other sources to support or even to contradict them. With one exception, all of this work has been done with neutral sources of evidence — documents, email metadata, government records and technical experts.If she were to decline to be interviewed — a prudent legal but treacherous political decision — the feds would leak her rejection of their invitation, and political turmoil would break loose because one of her most imprudent and often repeated public statements, in this case, has been that she can’t wait to talk to the FBI. That’s a lie, and the FBI knows it.

Some Democrats who now understand the gravity of the case against Clinton have taken to arguing lately that the feds should establish a different and higher bar — a novel and unknown requirement for a greater quantum of evidence and proof of a heavier degree of harm — before Clinton can be prosecuted. They have suggested this merely because she is the likely Democratic presidential nominee.

The public will never stand for that. America has a bedrock commitment to the rule of law. The rule of law means that no one is beneath the law’s protections or above its requirements. The DOJ is not in the business of rewriting the law, but the Democrats should get in the business of rethinking Clinton’s status as their presumptive presidential nominee, lest a summer catastrophe come their way.

Reprinted with the author’s permission.

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