Thursday, October 01, 2015


By Nancy Thorner and Ed Ingold – 

Hillary Clinton’s old emails are popping up everywhere. The State Department found some about Benghazi, the administration some with David Petraeus, and the FBI some that were deleted. The “drip, drip drip,” as Hillary recently described the on-going reporting about her emails, is having some effect on Hillary’s slide in the polls and likewise raising doubts among supporters. But is this enough to derail Hillary’s campaign?

On Sept. 28th “The O’Reilly Factor” examined here the latest in the controversy surrounding the former Secretary of State and presidential hopeful.

Now husband Bill is coming to Hillary’s rescue.

In an interview aired on CNN on Sunday, September 20, Clinton remarked:

“You know, at the beginning of the year, she was the most admired person in public life,” he said. “What happened? The presidential campaign happened. And the nature of the coverage shifted from issue-based to political.” “I have never seen so much expended on so little,” the former president said. “The other party doesn’t want to run against her. And if they do, they’d like her as mangled up as possible.” “She did say she was sorry that her personal email caused all this confusion.”

It must be remembered that Hillary is an attorney and a long time politician. Nothing she does is without some purpose, despite claims to the contrary. The underlying Clinton strategy is to deny allegations and ignore requests for more information. Eventually the news cycle will turn to other things, but if something breaks, the scandal is now “old news,” and eventually reporters will stop asking. Unfortunately for Hillary, Congress has not gotten the message that there’s nothing more to ask.

In the next couple of weeks (October) Hillary will once again appear before the House Select Committee on Benghazi. A good attorney never asks a question which he does not know the answer, and the Republicans on the committee are all attorneys. Here are a few questions which will either elicit good answers or constitute perjury. A candidate running for high office cannot afford to plead the fifth amendment.

  •  Question One:  It has been suggested that you used a private email server to shield your communications from FOIA requests. How do you respond to this allegation?

Hillary claims that the State Department knew and approved of her use of a private server. However, State did not qualify their response to requests for emails by Congress or private parties suing for their release. State seemed to be ignoring these requests until a federal judge lowered his hammer. Everybody seemed to be surprised when the Washington Post revealed its existence last March, 2015.

  • Question Two: The use of an attorneys to perform certain tasks is called “work product,” which is subject to client-attorney privilege. Was this a lawyerly attempt to conceal the process of separating public from private email and the contents of those messages from the government, public, and ordinary judicial review?

Activities of this nature by attorneys is called “work product” and is protected by the attorney-client privilege. This means the attorney cannot be compelled to reveal any details except under extraordinary circumstances. Hilary claims she did not take a direct role in this process, and theoretically can’t be forced to respond. It is usually done to deny or delay future inquiries. However the attorneys were not authorized to possess classified material even briefly. Commission of a crime is not protected under color of law.

  • Question Three: You previously maintained, under oath, that no classified documents were stored, received or transmitted from your private server. The Inspectors General and State Department have determined otherwise. As head of the department, you were ultimately responsible for classification. Please respond to these allegations.

This is proven to be false on both counts, based on the Inspectors General reports, and news from State.

  • Question Four: You affirmed, under oath, that all official emails on your server were transmitted to State, yet several hundred emails from you have surfaced which were not in your transmittal. How do you explain this omission?

This too is undeniable. Nearly 900 emails between Clinton and General Petraeous were released by State last week, and none were included in the 50,000 or so printed pages she submitted to State. Secondly, there is a two month gap in emails surrounding the Benghazi incident. It is unbelievable that the Secretary of State had nothing to say other than face to face.

On Wednesday, September 30, it was learned that FBI Director James Comey has started briefing select lawmakers on the status of the investigation into Hillary Clinton’s private server, confirming that investigators are actively looking for evidence the server was compromised by a foreign entity or hacker.  The same source revealed that FBI Director Comey has reassured lawmakers that his “top people” are handling the investigation and that no resource is being spared.  His team is working “24/7” to determine whether classified information was compromised.

Will the high-stakes investigation be influenced by politics?  Let’s hope that the FBI does its work professionally, even as it’s done in secret so the ability to do due diligence is not jeopardized in any way.

Hilary is an attorney, and historically speaking, not a particularly good nor ethical one. This whole affair has the appearance of someone hiding behind the law. Now it looks like the law might actually tip over and crush Hillary, unlike what the many past Bill and Hillary scandals failed to do.