We are now closing on release of the FBI findings into the Clinton email server. The next to last step, we are told, within a week or two the Bureau and Justice Department will interview Hillary Clinton, and then Director Comey will release his report.
That leads to the question on everyone’s mind: what will that report find? If the FBI’s findings reflect the steady stream of events described in credible media, the one thing we can be nearly certain of is that she will not be exonerated by the facts and a review of applicable federal law and regulation. She is not likely to emerge clean of the taint of violation of law.
We know with a near-certainty, based upon a review of known events and the language of the Classified Information Nondisclosure Agreement that Hillary Clinton signed the day she assumed office that she did, in fact, violate her security agreement. That words in that document reveals the laws that apply and, in the first paragraph, it states:
"As used in this Agreement, classified Information is marked or unmarked classified Information"
The Bureau may, nonetheless, decline to make a definitive finding of whether Mrs. Clinton should be indicted. In an awareness of its own institutional credibility and its subordinate role to the Justice Department, the FBI may well report on the facts and summarize applicable law, and simply conclude that the question whether to convene a federal Grand Jury and indict is one that must be made by the Attorney General. That may, under the extraordinary circumstances of this investigation, be the only conclusion the Bureau can draw.
That outcome will leave the question of HRC’s continued viability as the presumptive candidate for President open to interpretation by the Democratic Party, and perhaps ultimately, the American people. Since HRC unquestionably has the backing of the party mainstream and virtually all Convention superdelegates, does that mean that Hillary Clinton will nonetheless, regardless of what is found in the Comey Report, emerge from Philadelphia as the Democratic candidate for President?
That is the question that all Democrats should now be asking themselves. The answer should not be left entirely to decisions that may have already been made behind closed doors at the DNC and the White House. Although the outcome will largely be conveyed as a fait accomplish, handed down from Party Elders like clay tablets descended down from the mountain top, the Democratic base had a right to weigh in on the outcome.
She is not the nominee until and unless the FBI exonerates her. Which it won't.
The FBI may not recommend indictment, but will find she violated her signed classified information nondisclosure agreement, which is essentially the same thing as a violation of one or more federal criminal statutes.
Without a clean bill of legal health, politically, she might as well have Stage 4 cancer. Time to find a new candidate. She isn't viable, and the Democratic Party, Clinton supporters as well as Sanders supporters, should be prepared for that eventuality.
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