Sitting in the hot-seat before the House Oversight and Government Reform Committee, 56-year-old FBI Director James Comey defended his July 5 decision to not charge Democratic presumptive nominee former Secretary of State Hillary Rodham Clinton for sending-and-receiving classified emails on her private server while at the State Department [Feb. 1, 2009 to Feb. 13, 2013]. Congressional Republicans blew a gasket when Comey said Tuesday that Hillary was “extremely careless” sending-and-receiving classified or Top Secret emails. Republicans on the House Oversight and Government Reform Committee, led by Chairman Jason Chaffetz (R-Ut.), were outraged when Comey admitted Hillary sent-or-received 110 classified or Top secret emails, three of which were marked (c) to designate classified. Hillary denied under oath sending-or-receiving emails “marked” classified.
House Republicans couldn’t fathom why Hillary was not charged with violating the U.S. Records Act and U.S. Espionage Act, both requiring strict adherence to government classifications schemes. “That’s just the way it is,” said Comey, reacting to Rep. Trey Gowdy (R-S.C.), head of the House Benghazi Select Committee, disbelief over Comey’s decision to not prosecute Hillary. “We have no basis to believe she lied to the FBI,” said Comey, responding to Chaffetz question,“ Did she lie under oath?” “Not to the FBI,” said Comey, letting GOP House members know that he couldn’t speak to anything Hillary said before Congress or elsewhere. Gowdy pressed Comey on whether or not Hillary sent-or-received classified or Top Secret emails. Comey admitted she did. Hillary has testified under oath that she did not send-or-receive emails “marked” classified or Top Secret.
Gowdy and Chffetz couldn’t get beyond the FBI’s investigation, often referring to Hillary’s testimony before Congress. On that issue, Comey offered no recommendations. ”Did she lie under oath,” Chaffetz asked. “Not to the FBI,” replied Comey, putting House Republicans on notice that if they had a problem with Hillary’s testimony, it had to be taken up separately. “There was classified information emailed,” Comey said, confirming that, whether or not it was marked classified, Hillary sent-or-received classified or Top Secret emails. Comey rejected the idea that Hillary was given preferential treatment because of her past resumé or current status as Democratic presumptive nominee. “It’s not true,” said Comey, rejecting a question from Rep. John Duncan (R-Tenn.) that Hillary got special treatment. House Republicans expressed frustration that Comey refused to prosecute.
Without knowing it, the hastily called Government Reform and Oversight Committee hearing hurt Republicans case against Hillary. Comey bristled when asked by Rep. John Mica (R-Fl.) whether his decision to not prosecute was “orchestrated” with the Clintons and Atty. Gen. Loretta Lynch. “Look me in the eye,” Comey told Mica. “I did not coordinate that with anyone.” Chaffetz expressed disbelief that Hillary was not prosecuted for what he thought was an open-and-shut case. “We’re mystified and confused by the fact pattern you laid out and the conclusion you reached,” said Chaffetz. “Hillary Clinton created this mess,” prompting Comey to explain that there was no precedent in the last 100 years to prosecute someone under the Federal Records Act or Espionage Act without meeting specific conditions including, acts of national disloyalty or obstruction of justice.
Comey told House GOP members that 15 career FBI agents couldn’t find the legal precedent for prosecution without establishing criminal intent. Hillary’s “careless” use of her email system didn’t rise to criminal gross negligence because the FBI could not determine criminal intent, including willful gross negligence or disloyalty to U.S. interests. Comey insisted there was no evidence that Hillary knew she was breaking law at the time she sent-or-received classified or Top Secret emails. In today’s age of electronic communications, it’s more difficult for the FBI to determine criminal intent, especially where emails sent were not marked with “headers” classified, Top Secret, confidential or highly sensitive. Comey didn’t have much to say about Hillary ordering her tech-guy Bryan Pagliano to scrub at least 33,000 emails from her private server before handing the hard-drive over to the FBI.
House Republicans vented their frustration on Comey for spending over two years investigating Hillary’s role in the Sept. 11, 2012 Benghazi terrorist attack that killed Amb. Chris Stevens and three other Americans. After forcing Hillary to testify twice, spending 11 hours in fruitless testimony before the Benghazi Select Committee Oct. 22, 2015, the GOP got slapped in the face by Comey. “Honestly, I wouldn’t be surprised if the Republicans set up a new committee to investigate why the FIB did not charge Clinton,” said Rep. Elijah Cummings (D-Md.), agreeing with Comey’s decision to not charge Hillary. “I firmly believe that your decision was not based on convenience, but on conviction,” said Cummings, glad to put the matter to rest. Whether he’s satisfied the GOP or not, Comey answered the question of why Hillary was not prosecuted for mishandling classified and Top secret emails.
