The Jim Geraghty Morning Jolt article previously referred to contains what has been recommended as a concise thumbnail of the various communications systems corrupted by the former Secretary of State. The follow-on part explains why she won’t be prosecuted in an Obama Administration. Thanks to TN for the heads-up
Why the Justice Department Won’t Work with the FBI on Clinton’s E-mail Case
If this is true, the Department of Justice should be spitting out indictments like a Pez dispenser:
The FBI is investigating whether members of Hillary Clinton’s inner circle “cut and pasted” material from the government’s classified network so that it could be sent to her private e-mail address, former State Department security officials say.
Clinton and her top aides had access to a Pentagon-run classified network that goes up to the Secret level, as well as a separate system used for Top Secret communications.
The two systems — the Secret Internet Protocol Router Network (SIPRNet) and Joint Worldwide Intelligence Communications System (JWICS) — are not connected to the unclassified system, known as the Non-Classified Internet Protocol Router Network (NIPRNet). You cannot e-mail from one system to the other, though you can use NIPRNet to send e-mails outside the government.
Somehow, highly classified information from SIPRNet, as well as even the super-secure JWICS, jumped from those closed systems to the open system and turned up in at least 1,340 of Clinton’s home e-mails — including several the CIA earlier this month flagged as containing ultra-secret Sensitive Compartmented Information and Special Access Programs, a subset of SCI.
SAP includes “dark projects,” such as drone operations, while SCI protects intelligence sources and methods.
Meanwhile, our Andy McCarthy explains what it means when you hear Hillary Clinton is not the “subject” of the investigation:
In an ordinary case, that would not be a point worth making. The FBI routinely conducts major investigations in collaboration with Justice Department prosecutors — usually from the U.S. attorney’s office in the district where potential crimes occurred. That is because the FBI needs the assistance of a grand jury. The FBI does not have authority even to issue subpoenas, let alone to charge someone with a crime. Only federal prosecutors may issue subpoenas, on the lawful authority of the grand jury. Only prosecutors are empowered to present evidence or propose charges to the grand jury. And the Constitution vests only the grand jury with authority to indict — the formal accusation of a crime. In our system, the FBI can do none of these things.
No Justice Department, no grand jury. No grand jury, no case — period. As a technical matter, no matter how extensively the FBI pokes around on its own, no one can be a subject of a real investigation — i.e., one that can lead to criminal charges — unless and until there is a grand jury. That does not happen until the Justice Department hops on board. Regular criminal-justice procedures have been suspended by the explosive politics of the Clinton investigation.
So an Obama Justice Department will not likely bring it to a grand jury, but if it did the prosecutor would throw the case (our conclusion). Of course we can hope that a Democrat socialist does not replace Obama, continuing his third term and his disregard for justice. But then Obama would pardon her of all charges on the way out.
Would the FBI director actually develop some integrity and hold the case open? Obama would pardon her in anticipation. The most Hillary will be punished as a result of this is to lose the nomination because of it or the general election. It is not right but we anticipate the least as far as justice in the matter.
Jazz Shaw writing at Hot Air is maybe a tudge more optimistic then we are. Read more here.
DLH and R Mall
