Dan Metcalfe is a registered Democrat who has long said that he will vote for Hillary Clinton in November “if she escapes indictment and manages to become the Democratic presidential nominee.” He served as Director of the Justice Department’s Office of Information and Privacy for more than 25 years, during which time he handled information-disclosure policy issues on the dozens of Clinton Administration scandals that arose within public view, as well as two that did not. Since retiring in 2007, he has taught secrecy law at American University’s Washington College of Law.
Published on May 29th in Law Newz:
To us, knowing that there are no applicable penalties within the FRA(or in the FOIA, for that matter, which Ms. Clinton also blatantly circumvented), the primary significance of the IG report is that it so flatly and persuasively belies nearly every public “defense” that she has uttered on the matter, from her extraordinary news conference at the United Nations on March 10 of last year to even her initial stunned reactions to the IG report itself this past week.
No, her self-serving email set-up was not “allowed” under the State Department’s rules. No, she was not “permitted” to use a personal email system exclusively as she did. No, what she did was hardly just a matter of her “personal convenience.” No, there is no evidence that any State Department attorney (other than perhaps Secretary Clinton herself) ever gave “legal approval” to any part of her special email system. No, everything she did was not “fully above board” or in compliance with the “letter and spirit of the rules,” far from it. Yes, she was indeed required by the FRA to maintain all official emails in an official system for proper review, delineation, and retention upon her departure. Yes, her private server equipment was in fact the subject of multiple attempted intrusion attempts (i.e., hacks), including by foreign nations. The list goes on and on. (Note that this does not even include Ms. Clinton’s many serious “misstatements” about her handling of classified or potentially classified information.)
He goes on to say:
And when you marry that to the fact that (among other things) her admitted failure to use the State Department’s special classified email system for classified (or potentially classified) information constituted a clear violation of a criminal prohibition, you start worrying big-time. And this is especially so given that Ms. Clinton did not just violate such laws inadvertently or even only occasionally — she did sosystemically. In other words, her very email scheme itself appears to have been a walking violation of criminal law, one with the mens rea prosecution standard readily met.
His assessment is that there really is no escaping the inevitable:
Given that the facts and law are so clear in Ms. Clinton’s case, it is difficult to imagine her not being indicted, unless Jim Comey’s expected recommendation for that is abruptly overruled at “Main Justice” (i.e., by Criminal Division Assistant Attorney General Leslie Caldwell, by Deputy Attorney General Sally Yates, or by Attorney General Loretta Lynch) or at the White House by President Obama (who customarily does not intervene in such things and would do so here either secretly or at no small political peril).
So, politics being politics, he expects President Obama, as head of the Democratic Party, to step in (assuming the indictment occurs after the nomination), and offer Mrs. Clinton either minimal prosecution or a full pardon for “voluntarily” dropping out.
No this dos not, in Prof. Metcalfe’s “fanciful scenario”, result in Bernie Sanders becoming the nominee. Metcalfe explains why such nonsense would still be unacceptable to the Democratic establishment, and that they’d recruit either John Kerry or Joe Biden to carry the torch the November.
Hey, it wasn’t my article...