Despite ‘Bombshell’ New Emails, Hillary Clinton Probably Still Didn’t Commit a Crime
by Rachel Stockman | 10:22 am, October 29th, 2016
The new revelation that the FBI has apparently re-opened—or at the very least is “reviewing”—some emails as they relate to the Clinton private server investigation has sent ripples through the 2016 election. While this supposed “bombshell” news will likely hurt Hillary Clinton‘s narrowing lead in the race, I think there is little to no chance that the FBI will suddenly find, based on these new emails, that Clinton committed a crime.
What’s even clearer is that the answer to this question will not come before November 8th. You have to remember the burden under the law that FBI Director James Comey articulated in his July news conference is an arduous one. The federal statutes, under the current interpretation, require first and foremost that prosecutors prove beyond a reasonable doubt that Clinton intentionally and/or willfully mishandled classified information. Extreme carelessness, as you will recall, is not enough to satisfy the law’s burden. On top of that, according to a top official who spoke to Newsweek, there is no indication that the emails in question were withheld by Clinton during the original investigation. Furthermore, the official said that none of the new emails being examined were sent to or from Hillary Clinton.
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We’ve later come to learn through various reports that the emails in question were discovered while the FBI was investigating close Clinton aide Huma Abedin’s husband, Anthony Weiner, for his alleged sexting of an underage girl. A senior law enforcement official told The New York Times that tens of thousands of emails belonging to Abedin were on Weiner’s laptop which was seized by the FBI. Some of those emails appear to have information “pertinent” to the investigation. Newsweek’s Kurt Eichenwald followed up with a report that the FBI is not examining any emails that were specifically sent to or from Clinton, but rather they are examining Abedin’s practice of sending herself emails from her state department account to her yahoo account and her account on Clinton’s server. Abedin apparently did that in order to make it easier to print them out for Hillary Clinton (who liked to read them in a paper form).
In his letter, Comey said that investigators are taking a look to determine whether those emails contain classified information. But, remember, even if they determine that there were classified emails, that still doesn’t mean Clinton committed a crime. For one, these emails come from the archives of Huma Abedin, not Hillary Clinton. And two, even if some are found to be classified, it doesn’t look like they were sent to or received by Clinton if Eichenwald’s news report is accurate. And third, suppose his report is wrong. Even if they were found to have been sent or received from Clinton, that doesn’t mean she was aware the information was classified at the time, or that she sent them with “intent” to cause harm to U.S. national security.
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http://lawnewz.com/uncategorized/despite-bombshell-new-emails-hillary-clinton-probably-still-didnt-commit-a-crime/
= new reply since forum marked as read
I think this reporter is conflating the total number of emails on the machine with the relevant emails. There's no way Huma sent herself tens of thousands of emails. Rather her other normal emails were also on the machine. And maybe her husband's emails.
And probably including a bunch of spam. 
They probably lack cause to look at them and cannot violate the rights of the owner of the emails. But that doesn't mean Comey can't try to sway the election narrative away from Trump's crimes.
