I am amused by the Sanders supporters and republicans praying for an indictment http://www.msnbc.com/rachel-maddow-show/waiting-clinton-indictment-dont-hold-your-breath
The fact remains, however, that such a scenario is pretty far-fetched. Politico’s Josh Gerstein took a closer look today at the legal circumstances, and the reasons Clinton’s foes shouldn’t hold their breaths.
The examination, which included cases spanning the past two decades, found some with parallels to Clinton’s use of a private server for her emails, but – in nearly all instances that were prosecuted – aggravating circumstances that don’t appear to be present in Clinton’s case.
The relatively few cases that drew prosecution almost always involved a deliberate intent to violate classification rules as well as some add-on element: An FBI agent who took home highly sensitive agency records while having an affair with a Chinese agent; a Boeing engineer who brought home 2000 classified documents and whose travel to Israel raised suspicions; a National Security Agency official who removed boxes of classified documents and also lied on a job application form.
Politico’s examination seems to have only been able to find one person who sincerely believes Clinton will face prosecution: former New York Mayor Rudy Giuliani (R), who was a prosecutor and a Justice Department official before his partisan antics made him something of a clownish joke.
Among more objective observers, the idea of Clinton facing an indictment seems, at best, implausible. This is very much in line with a recent American Prospect examination, which reached the same conclusion.
TPM’s Josh Marshall published a related piece in February, after speaking to a variety of law professors and former federal prosecutors about the Clinton story. “
To a person,” Josh wrote,
they agreed the idea of a Clinton indictment is “very far-fetched.”
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