The following bill of indictment, which guest blogger JK Brown authored, is particularly timely in light of Harry Reid’s unseemly suggestion that America’s CIA and other security agencies lie to Trump because he’s “dangerous,” when Hillary is the only candidate running who handed America’s secrets over to foreign powers:
The “lock her up” chant is futile and unseemly. But the obfuscation regarding criminal intent is not the reason why. Gross negligence, that is being “extremely careless,” is all that is required for prosecution for mishandling classified information. But none of this matters now, because the DOJ has exercised prosecutorial discretion and chosen not to prosecute.
Prosecutorial discretion is a judge-made policy that gives prosecutors an unaccountable power to choose which cases to prosecute. This discretion is of value when properly used to facilitate justice, but it is also power that might arise during “unexpected” tarmac chats or when matters concern social acquaintances or political allies.
In any case, in regards to the bill of indictment laid out by FBI director Comey against Hillary Clinton it settles the matter of criminal prosecution. It does, however, leave the “security or administrative sanctions”, Director Comey alluded to in his statement to be determined. Such sanctions generally take the form of loss of security clearance and denial of positions requiring access to classified information. Unfortunately, election to the Presidency raises an individual and their similarly culpable staff above the imposition of such sanctions by subordinate federal officers and employees.
However, the United States is not some other country where the government is sovereign, nor are we like the UK where Parliament is sovereign. In America, the People are sovereign. When government employees, elected or appointed, won’t or can’t do their job, the People must take up their responsibilities as the sovereign.