Monday, September 5, 2022

So would charging Trump with obstruction let Garland off the hook on the Clinton comparisons?

Obstruction might be an even more hypocritical charge to make 

We need to remind people that:

  • Clinton declared 33,000 emails to be "personal" and deleted them using "bleachbit" while her laptops and emails were under federal subpoena.
  • FBI later found 49,000 emails from a laptop shared by Clinton aide Huma Abedin and Anthony Weiner long after Clinton legal team had said all laptops and emails had been turned over. There was previously unknown classified information found there as well. 
  • Many of the emails found on the Abedin Weiner laptop were sent to or received from Clinton, but were not part of the emails Clinton provided. Proving that Clinton deleted government emails (apparently some with classified information) along with personal.  

Let's start with the concept that anything on Clinton's work server (even if she created herself) is the property of the US Government just as much as anything the President works on is property of the US Government. Everything on that server would technically have been required to be made available under the FOIA - which is exactly the same reasoning for the 1978 PSA and the National Archives.  Where there is a difference, that difference favors a President over other members of a cabinet. Presidents are provided the idea of privilege and such that cabinet members do not enjoy.

In other words, Clinton had no more authority to declare emails personal and delete them as Trump would have to declare documents at Mar-a-Lago personal and have them burned. Would have been the exact same thing under the law. Does anyone believe that Trump could have gotten away with such an act? 

So what we have is clear evidence (and no denial) that Hillary Clinton destroyed/deleted information that was not only subject to the FOIA, but also under congressional and Federal subpoena, Yet there is no evidence that Trump destroyed anything. At best, they might argue that documents had been in his office rather than in the storage facility.  Either because they were moved or because they had always been in that office. The same office, of course, that had been declared a secured briefing room. 

Meanwhile, the idea that 100 documents with classified markings were found after a letter was written saying there was no classified documents still gets into the murky argument about whether or not the President declassified them. But there was no murkiness regarding the 49,000 work related emails on the Abedin Weiner laptop. Those emails were relevant to the investigation, should have been turned over, and most importantly proved that Clinton deleted work related emails in her 33,000 bleachbit purge.

Bottom line; the DOJ has no case against Trump on mishandling sensitive documents if they apply the Comey/Clinton standard. That is so obvious to everyone that the DOJ appears to have given up on even trying to go down that road. 

But the idea of obstruction (when you compare the two situations) will likely be a much worse comparison. Clinton obviously was far more and far more blatantly obstructive while she was under investigation. She destroyed subpoenaed information. She was caught lying about it.  Why wasn't she charged? 

Trump may not have been as cooperative with the Archives as he otherwise should have been. But there is no evidence that he destroyed anything (as Clinton did) and he has allowed access to the FBI previously to the location that they raided (whereas Clinton resisted turning over her laptop even after it was subpoenaed). Perhaps at some time the FBI needs to take responsibility for not finding the documents that they apparently were sure all along were at the storage facility the first time there were there. 

Maybe Garland has something more. Some real evidence of a nefarious plot to sell this information to the Russians or something.

Short of that, they have way less than the FBI had on Clinton in 2016. 

9 comments:

Honest, decent, truthful Rev. said...

Comey made it clear that all previously prosecuted cases of misuse of classified information "involved some combination of:

clearly intentional and willful mishandling of classified information;

or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct;

or indications of disloyalty to the United States;

or efforts to obstruct justice."

He said that he didn't see any of those things in the investigation into Clinton.
_________

But in the investigation into Trump we already see clear evidence of concerted and repeated attempts by him to obstruct justice.

So arrest him,
try him,
and if he is found guilty,
lock him up!

And never, ever, permit him to run for office again.

It's the law.


C.H. Truth said...

Reverend...

The number one reason why people are charged with obstruction is destruction of evidence. It's the most obvious and easily provable means to getting a conviction for obstruction.

Law enforcement subpoenas something.

You refuse to turn it over... instead destroy it.


That is obstruction.


FBI subpoenaed Clinton's server, phones, and emails. She refused for some time to turn them over. Instead "negotiated" with the FBI for what she eventually did turn over. They basically "bullied" Comey and dared him to prosecute (they knew he wouldn't).

Meanwhile she deleted 33,000 emails off the server claiming they were personal. Not only did she delete them, but she used special software to make sure they could never be recovered.


Later, after telling the FBI that everything Government related had been turned over (sound familiar) - they found 49,000 more Government related emails on one of her aids computer... because of her husband (Anthony Weiner) had gotten in hot water or penis pics.

There were hundreds of emails that were either sent to or received from Hillary Clinton... that had not been previously turned over. Many had classified information.

That means they had been deleted off her server.

Obstruction.


Was that just a "mistake" that she deleted classified emails off her server? What was the reasoning for using "Bleachbit" to delete them if they were just personal emails about a wedding?

C.H. Truth said...

I really wish that either the Reverend or Roger had any ability to think for themselves...


They seem to have a "blind" trust in certain things that they are told.


Neither would last a week doing any sort of IT work like I do.

Anonymous said...

KD.

Just a few more hours and Roger keeps his word and leaves this Blog.

Bye Alky.

No my President Biden, again today said That Republicans are a threat to Democracy.

Honest, decent, truthful Rev. said...

How more blatantly could anyone obstruct justice than to have taken documents from the White House to a private home that should never have been taken there in the first place, and then when requested to return them, pretended to cooperate fully in doing that, and then when persistently asked if all documents had been returned, to have claimed that he had fully complied, and then when by a legally obtained search warrant to have it proved beyond all shadow of a doubt that he had NOT complied, and that to an excessive degree -- if that is not blatant obstruction of justice, what is?

C.H. Truth said...

Who you trying to convince Reverend?

Certainly not anyone but "true believers" that the DOJ and FBI have halos around their heads...

And you do not have to convince them that the "bad orange man" is guilty of everything he has ever been accused of.

And that it is MUCH worse than having 2100 classified documents on a server that our intelligence confirmed was hacked...

Much worse than deleting 33,000 emails that were under subpoena (many proven to be relevant).

Much worse than finding 45000 new emails after Clinton assured authorities that nothing else was out there!


Why?

Because he is the bad orange man!

Honest, decent, truthful Rev. said...

You trying to convince someone that the Orange Man has a halo around his head?

Rots o' Ruck.

Honest, decent, truthful Rev. said...

Politicalwire.com:
Experts Question Judge’s Intervention in Trump Inquiry

“A federal judge’s extraordinary decision on Monday to interject in the criminal investigation into former President Donald J. Trump’s hoarding of sensitive government documents at his Florida residence showed unusual solicitude to him,”
the New York Times reports.

“This was ‘an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation,” said Stephen Vladeck, a law professor at University of Texas.”
__________

Far more info on the Legacy Blog.

rrb said...


He said that he didn't see any of those things in the investigation into Clinton.


Willful partisan blindness will do that to a person, pederast.

Comey, as we later found out, happened to be ON TEAM CLINTON, attempting to ensure her election to the presidency. Crossfire Hurricane anyone? Therefore making it fucking impossible for him to indict her for something that he had knowledge of and perhaps had a direct hand in.

Not to mention the fact that had Comey gone ahead and indicted her, he would've likely ended up the victim of Arkancide, a la Vince Foster.

You're a dishonest and disingenuous piece of shit, pederast. To deny what is common fucking knowledge is fucking absurd, yet you do it all day every day around here like it's your fucking job.