by Andrew P. Napolitano
When FBI Director James Comey announced on July 5 that the Department of Justice would not seek the indictment of Hillary Clinton for failure to safeguard state secrets related to her email use while she was secretary of state, he both jumped the gun and set in motion a series of events that surely he did not intend. Was his hand forced by the behavior of FBI agents who wouldn’t take no for an answer? Did he let the FBI become a political tool?
Here is the back story.
The FBI began investigating the Clinton email scandal in the spring of 2015, when The New York Times revealed Clinton’s use of a private email address for her official governmental work and the fact that she did not preserve the emails on State Department servers, contrary to federal law. After an initial collection of evidence and a round of interviews, agents and senior managers gathered in the summer of 2015 to discuss how to proceed. It was obvious to all that a prima-facie case could be made for espionage, theft of government property and obstruction of justice charges. The consensus was to proceed with a formal criminal investigation.