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Skwmom

(12,685 posts)
Wed Sep 16, 2015, 05:29 PM Sep 2015

Hillary: Should Democrats Nominate A Candidate At Risk Of Indictment?


Analysis Of Clinton’s Legal Situation

Regardless of any further revelations that may occur in the case of Clinton’s handling of her email, Clinton is already in some legal jeopardy.

As in the case of General Petraeus, who was found guilty of mishandling classified information merely by leaving notebooks in an unlocked drawer in his house, Clinton clearly mishandled classified information by keeping emails containing classified information in a private server, without appropriate security arrangements to protect the information, and to which people without proper security clearance had access.


Democrats now face a dilemma. With Hillary Clinton as the presumptive Presidential nominee, she is at risk of being indicted for the crime of mishandling classified information any time between now and the election in November 2016.

If such an indictment were to occur in the near future, Democrats could presumably re-group and find an electable replacement, such as Joe Biden.

If on the other hand, the indictment were to occur at a later period, say, in the middle of 2016, after Clinton had effectively secured the Democratic nomination, the indictment would threaten, if not doom, the Democratic Party’s chance of winning the election, even if the Republican candidate were to be flawed.


http://www.forbes.com/sites/stevedenning/2015/09/08/hillary-and-the-democrats-dilemma/
46 replies = new reply since forum marked as read
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Hillary: Should Democrats Nominate A Candidate At Risk Of Indictment? (Original Post) Skwmom Sep 2015 OP
Gereral Petraeus doesn't have the kind of power or money that Hillary does. She won't liberal_at_heart Sep 2015 #1
But they do have the same lawyer Mnpaul Sep 2015 #39
its a fair question restorefreedom Sep 2015 #2
Well, that is the desire of the GOP, because they fear her the most, it is why randys1 Sep 2015 #29
its hard to tell restorefreedom Sep 2015 #44
I think this is a fake issue for two reasons. Warren Stupidity Sep 2015 #3
I agree with this. Agschmid Sep 2015 #6
I partly agree with you - threat of indictment is only leverage. Hillary is more likely to step leveymg Sep 2015 #7
How much risk is there? HassleCat Sep 2015 #4
"nothing but a turf war " No it is not. There was top secret CIA satellite data in one email. magical thyme Sep 2015 #36
Can't compare to Petraeus fredamae Sep 2015 #5
She sent presumed classified materials to Sid Blumenthal who isn't even in gov't leveymg Sep 2015 #9
Unless and until the Rule of Law fredamae Sep 2015 #12
Under the law, presumed classified information is classified at the moment it's sent. leveymg Sep 2015 #15
Thanks for the clarification fredamae Sep 2015 #16
I agree rusty fender Sep 2015 #22
Does presumed include retroactively classified material? Human101948 Sep 2015 #31
There is no legal term "retroactively classified" -it's either presumed classified or deemed leveymg Sep 2015 #46
yep 840high Sep 2015 #19
Exactly. n/t Skwmom Sep 2015 #21
Her attorney also had a thumb drive of the emails. AtomicKitten Sep 2015 #45
Glad to see this is hitting this level of desperation. NCTraveler Sep 2015 #8
The only ones who smell "BS" are too close to the pasture to retain their sense of smell. leveymg Sep 2015 #10
I thought this was about how she killed Vince Foster. JoePhilly Sep 2015 #11
This whole episode is likely to have the opposite effect. leveymg Sep 2015 #14
Yawn. JoePhilly Sep 2015 #18
Are you suggesting the seminal poster is still shooting watermelons in his backyard... DemocratSinceBirth Sep 2015 #25
Why does the party want her so bad? fadedrose Sep 2015 #13
Because she represents how they like doing busines in Washington. n/t Skwmom Sep 2015 #20
Any Democrat elected President is at risk of an impeachment trial by a Republican Congress. LonePirate Sep 2015 #17
But the FBI just declined to help out with a FOIA request Skwmom Sep 2015 #23
Not buying it until I see evidence of some behavior that would warrant charges. Vattel Sep 2015 #24
Everyone is "at risk of indictment". winter is coming Sep 2015 #26
Bash using rightwing meme and source randys1 Sep 2015 #27
Hmmmm DemocratSinceBirth Sep 2015 #32
GOP is afraid of Hillary, it is why they work so hard to destroy her. randys1 Sep 2015 #34
That is empirically obvious. DemocratSinceBirth Sep 2015 #35
Someone seriously thinks Hillary Clinton might be indicted over the email issue? n/t PoliticAverse Sep 2015 #28
Indicted yes Mnpaul Sep 2015 #40
Last I checked the Democrats controlled the Justice Department. n/t PoliticAverse Sep 2015 #41
Libby was indicted under the Bush admin Mnpaul Sep 2015 #42
No (nt) bigwillq Sep 2015 #30
This is RW bullshit Renew Deal Sep 2015 #33
It certainly is. ismnotwasm Sep 2015 #37
Sanders falling further behind in the polls and people are getting frantic. Renew Deal Sep 2015 #38
Show of hands, how many Dems take their marching orders from Forbes. McCamy Taylor Sep 2015 #43

liberal_at_heart

(12,081 posts)
1. Gereral Petraeus doesn't have the kind of power or money that Hillary does. She won't
Wed Sep 16, 2015, 05:32 PM
Sep 2015

face any consequences for mishandling information. She is part of the untouchables.

restorefreedom

(12,655 posts)
2. its a fair question
Wed Sep 16, 2015, 05:33 PM
Sep 2015

but i don't think we have to worry. she's not even going to make it to the convention.

randys1

(16,286 posts)
29. Well, that is the desire of the GOP, because they fear her the most, it is why
Tue Sep 22, 2015, 07:07 PM
Sep 2015

they have done nothing but attack her for decades now.

restorefreedom

(12,655 posts)
44. its hard to tell
Wed Sep 23, 2015, 06:23 AM
Sep 2015

which candidate the gop wants to run against. they think they can beat hillary because.,benghazi, emails, or whatever fantasy they have cooked up. they think they can beat bernie becsuse he is a dem socialist woo woo.

so basically they think they are going to win no matter what

scary

 

Warren Stupidity

(48,181 posts)
3. I think this is a fake issue for two reasons.
Wed Sep 16, 2015, 05:34 PM
Sep 2015

1. the email 'scandal' is unlikely to result in any indictments and is being fed and sustained by the GOP and the compliant media.
2. whoever is nominated and elected is going to be under continuous attack from the same Greedy Obstructionist/Fuckwad Party for as long as they are running and/or in office.

leveymg

(36,418 posts)
7. I partly agree with you - threat of indictment is only leverage. Hillary is more likely to step
Wed Sep 16, 2015, 05:42 PM
Sep 2015

aside as it becomes apparent to more Big Cheese that her chances of being elected in the GE have become unviable. In the end, like Pres. Bill Clinton's CIA Director John Deutch, she will likely be pardoned.

That would make a great bumper sticker: "Hillary in 2016 - She will be Pardoned"

 

HassleCat

(6,409 posts)
4. How much risk is there?
Wed Sep 16, 2015, 05:36 PM
Sep 2015

The accusation of mishandling classified material is nothing but a turf war between State and the so-called "intelligence community." The real culprits are those who generated the messages and failed to classify them and attach the appropriate warnings. They're trying to shuffle blame for their lapses onto Clinton. It's highly, highly unlikely that Clinton's worst detractors will be able to come up with specific charges and secure an indictment. They're working furiously to do so, but seem to be running out of gas already. Anyway, political candidates don't allow criminal charges to slow them down, as Chris Christie is demonstrating.

 

magical thyme

(14,881 posts)
36. "nothing but a turf war " No it is not. There was top secret CIA satellite data in one email.
Tue Sep 22, 2015, 07:32 PM
Sep 2015

"The real culprits are those who generated the messages and failed to classify them..."

That remains to be seen. Furthermore, that the FBI has just refused to comply with the court order to provide State with a report on its findings to date is troubling, to say the least.

It also remains to be seen whether or not her unsecure server was hacked. It's already known that her ISP, Internap, was hit in a massive hack from China back in 2011. The security firm, RSA, had data stolen in that attack.
http://krebsonsecurity.com/2011/10/who-else-was-hit-by-the-rsa-attackers/

fredamae

(4,458 posts)
5. Can't compare to Petraeus
Wed Sep 16, 2015, 05:36 PM
Sep 2015

he knowingly/willingly provided info to his "girlfriend". To the best of my knowledge-Hillary did not/has not.

I really do not believe HRC is in jeopardy of legal action unless the gop decides to do something independently just to keep crap stirred up.
This email thang, to me, is a none story/scandal/issue-it's more like an excuse to bash her in full cooperation with the corporate so called "news".

Her problems are with her own history as a "third way/New Dem" well connected, well moneyed Democrat = Trust.
All just my humble opinion.

leveymg

(36,418 posts)
9. She sent presumed classified materials to Sid Blumenthal who isn't even in gov't
Wed Sep 16, 2015, 05:45 PM
Sep 2015

Technically, what she did is worse. At least Petraeus' girlfriend was an officer with a security clearance.

fredamae

(4,458 posts)
12. Unless and until the Rule of Law
Wed Sep 16, 2015, 05:51 PM
Sep 2015

cites criminality, there isn't, in my pov-any "technicality and presumptions".
Were those particular emails of National Security? Were they classified at the time she sent them or After the fact?
Many "classified" items are simply keeping something embarrassing or of some other insignificant matter out of public view.
We don't know much in the context of the whole, credible, factual story really. All we know is what has been fed to us by not so friendly "corporate media gossip columns" that we no longer should/Can imo-place too much trust In.

leveymg

(36,418 posts)
15. Under the law, presumed classified information is classified at the moment it's sent.
Wed Sep 16, 2015, 06:02 PM
Sep 2015

Hillary was trained by the Department in how to recognize and handle classified material. That included the EO which makes foreign gov't information presumed to be harmful to national security if released without authorization. 18 USC Sec. 793 makes that a felony.

fredamae

(4,458 posts)
16. Thanks for the clarification
Wed Sep 16, 2015, 06:15 PM
Sep 2015

of "presumed classified".
I'm sorry, even as a Sanders supporter....I am not buying in to a "there being there"...not at this time, anyway. I still see this as a "witch hunt".

And seriously, if we're gonna "go there" with her...then by God there'd better be an investigation of All high ranking officials emails from congress, the senate, DOJ House/Senate Budget/Finance Committees etc-All of 'em.

 

Human101948

(3,457 posts)
31. Does presumed include retroactively classified material?
Tue Sep 22, 2015, 07:10 PM
Sep 2015

The entire classification system is a joke anyway. Want to cover up your mistakes? It's classified! Retroactively!

leveymg

(36,418 posts)
46. There is no legal term "retroactively classified" -it's either presumed classified or deemed
Wed Sep 23, 2015, 07:52 AM
Sep 2015

Last edited Wed Sep 23, 2015, 10:41 AM - Edit history (1)

classified (stamped). Either way, it's classified, and to retain, destroy, withhold or release such information without authorization is a federal crime under 18 USC Sec. 793.

 

NCTraveler

(30,481 posts)
8. Glad to see this is hitting this level of desperation.
Wed Sep 16, 2015, 05:43 PM
Sep 2015

They attempted to generate a fake scandal too early in the game. Said it before, after all is said and done, the Clintons come out stronger after every right wing witch hunt. This level of desperation is recognized by people. They smell the bullshit. Time to get back to policy where Clinton is second to only O'Malley on comprehensive progressive policy proposals.

JoePhilly

(27,787 posts)
11. I thought this was about how she killed Vince Foster.
Wed Sep 16, 2015, 05:51 PM
Sep 2015

Books about the email scandal will end up in the bargain bin next to books about how Hillary killed Foster.

leveymg

(36,418 posts)
14. This whole episode is likely to have the opposite effect.
Wed Sep 16, 2015, 05:57 PM
Sep 2015

Even Hillary admits she regrets her poor decisions on this one. She also raised the questions: was she "allowed' to do it, or will she ever be held "responsible"?

DemocratSinceBirth

(99,710 posts)
25. Are you suggesting the seminal poster is still shooting watermelons in his backyard...
Tue Sep 22, 2015, 07:00 PM
Sep 2015

Are you suggesting the seminal poster is still shooting watermelons in his backyard to simulate the suicide of Vince Foster?

fadedrose

(10,044 posts)
13. Why does the party want her so bad?
Wed Sep 16, 2015, 05:55 PM
Sep 2015

They have the patience to wait it out, and they have had her picked as No. 1 frontrunner since election night of 2012. It was announced right after Obama was named as the winner of his second term.

If it hadn't been for her supporters claiming that night that everyone wants her, that it was inevitable, has a humongous group of supporters, donators, etc., other people may have joined the race. We could have had 8 or 9 other contenders running, but for the feeling of hopelessness, did not attempt to run. Also, it is normal for the Vice President to be the natural candidate but he was pushed out long before Beau died and had no support group. How could he have? We already had a frontrunner.

Aside from rumors of Wall Steet ties, foreign donators, the Intiative, etc., not to mention talk of possible crimes to have been committed, I find her arm-waving annoying.

Just saw Jerry Brown talking to Wolf Blitzer. His advice was to watch HC as he would not put anything past her...

Let her go already to find a life with her family. Or have promises been made that can be fulfilled only by her presidency? Who knows?

winter is coming

(11,785 posts)
26. Everyone is "at risk of indictment".
Tue Sep 22, 2015, 07:03 PM
Sep 2015

I'm not a Hillary supporter, but that's got nothing to do with the email server.

DemocratSinceBirth

(99,710 posts)
32. Hmmmm
Tue Sep 22, 2015, 07:11 PM
Sep 2015

I will say if anybody's candidate can't win on his or her own merits maybe he or she isn't the right guy or gal for the job.

Mnpaul

(3,655 posts)
42. Libby was indicted under the Bush admin
Tue Sep 22, 2015, 10:03 PM
Sep 2015

Two Democrats from the executive branch were indicted under Clinton
One Republican under Bush 41
A whole pile of R's under Reagan

Renew Deal

(81,855 posts)
33. This is RW bullshit
Tue Sep 22, 2015, 07:12 PM
Sep 2015

But you already knew that.

There is no risk to Democrats unless something happens after the convention. Democrats can nominate whoever they want at the convention. I imagine that person would be an actual Democrat.

ismnotwasm

(41,976 posts)
37. It certainly is.
Tue Sep 22, 2015, 07:39 PM
Sep 2015

I've been seeing a lot of that around here lately. The FBI doesn't want to play "Hillary's email" the hearing will be over in a few weeks, her campaign is picking up steam (and endorsements) fast

So I guess people gotta go with what they got.

Oh and when I opened the article up, I was treated to a quote by Ayn Rand. FFS.

McCamy Taylor

(19,240 posts)
43. Show of hands, how many Dems take their marching orders from Forbes.
Wed Sep 23, 2015, 02:31 AM
Sep 2015

This has got to be the silliest piece of oppo I have ever seen.

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