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seemslikeadream » Tue Nov 01, 2016 6:38 pm wrote:Merry Christmas
FBI surprises again, shares files on Bill Clinton pardon of Marc Rich
http://www.usatoday.com/story/news/poli ... /93136458/
The FBI is now picking the President ...everyone loves the FBI now ...don't they?
FBI Rewrites Federal Law to Let Hillary Off the Hook
by Andrew C. McCarthy July 5, 2016
There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.
Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.
In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence.
I would point out, moreover, that there are other statutes that criminalize unlawfully removing and transmitting highly classified information with intent to harm the United States. Being not guilty (and, indeed, not even accused) of Offense B does not absolve a person of guilt on Offense A, which she has committed.
It is a common tactic of defense lawyers in criminal trials to set up a straw-man for the jury: a crime the defendant has not committed. The idea is that by knocking down a crime the prosecution does not allege and cannot prove, the defense may confuse the jury into believing the defendant is not guilty of the crime charged. Judges generally do not allow such sleight-of-hand because innocence on an uncharged crime is irrelevant to the consideration of the crimes that actually have been charged.
It seems to me that this is what the FBI has done today. It has told the public that because Mrs. Clinton did not have intent to harm the United States we should not prosecute her on a felony that does not require proof of intent to harm the United States. Meanwhile, although there may have been profound harm to national security caused by her grossly negligent mishandling of classified information, we’ve decided she shouldn’t be prosecuted for grossly negligent mishandling of classified information.
I think highly of Jim Comey personally and professionally, but this makes no sense to me.
Finally, I was especially unpersuaded by Director Comey’s claim that no reasonable prosecutor would bring a case based on the evidence uncovered by the FBI. To my mind, a reasonable prosecutor would ask: Why did Congress criminalize the mishandling of classified information through gross negligence? The answer, obviously, is to prevent harm to national security. So then the reasonable prosecutor asks: Was the statute clearly violated, and if yes, is it likely that Mrs. Clinton’s conduct caused harm to national security? If those two questions are answered in the affirmative, I believe many, if not most, reasonable prosecutors would feel obliged to bring the case.
Novem5er » Tue Nov 01, 2016 2:09 pm wrote:I live in the largest battleground state this year: Florida.
I'll be voting Stein.
So if Clinton loses Florida by 1% and Steil racks up 2% of the vote, wouldn't that mean that Stein voters cost her the state and possibly the election? I guess.
I'd argue that the DNC cost themselves the election when they colluded with party officials, big donors, and the media, to christen Hillary Clinton before the primary season ever began. Hillary Clinton began the primary process with some of the lowest favorability ratings in American history, as well as some of the lowest ratings for trust. THIS is the candidate they propped-up, one that their own party rated as unfavorable and untrustworthy.
Their mantra from the beginning was that they didn't care if America, and especially progressives, didn't like her and didn't trust her; she was to be nominated regardless. Progressive voters would fall in line and vote for this unlikeable and untrustworthy candidate or else they risk handing power to the Republicans. Let me be clear, though:
The PARTY took that risk and is now demanding that the people absolve them of the consequences. Angry progressives voting for Hillary is akin to a DNC Bailout, and will justify every one of their risky, selfish decisions.
So if Clinton loses Florida and loses the election, do not blame the 20,000 Stein voters for following their conscience. Blame the DNC for having no conscience.
BTW in 2012, Jill Stein only got 8.947 votes (or 0.11% of the total vote). To even get, say 2% she will need to win 20x the number of votes this year. That is historically unheard of. Think about that; she'd have to double her turnout and then multiply that by ten.
Jerky » Tue Nov 01, 2016 10:15 pm wrote:Novem5er, these are all absolutely legitimate reasons to judge her as being a candidate you cannot, in good conscience, support.
However, I would argue that there are mitigating circumstances and situational factors surrounding each of the instances you mention above that make them far more complicated and nuanced than they might seem to be, at first blush.
For instance, in my opinion, the whole kerfuffle over Obama being the King of Drones is entirely overblown. OF COURSE Obama has "droned" more human beings than any previous President. The technology was only being perfected towards the end of the Bush administration! Blaming Obama for using drones is like blaming FDR for going on the radio more than all previous Presidents combined (radio only became popular as a mass medium during his Presidency).
To me, a more telling metric would be the number of people killed in conflicts in which Americans are participating, either as front line combatants or in an intel or State Dept "advisory" (CIA) capacity. And while stipulating that one civilian (or even military) death caused by American action is a sad and nasty business, the fact of the matter is that, since Bush's last day in office, that number has decreased exponentially. Fewer than 3000 civilians have been killed in ongoing actions across North Africa and the Middle East since Obama was inaugurated. That's probably close to 3000 too many, but it's a tiny fraction of the monstrous suffering that went on during the Bush II admin.
Now, when we take into account conflicts where America has flexed its power in a less direct manner (Libya being a prime example, particularly when taking into account the fact that the EU essentially made that conflict inevitable), the numbers increase, but they are still nothing compared to the Bush years... which, astonishingly, are themselves nothing when compared to the Cold War years, even post-Vietnam (i.e. Uncle Sam's first go-round with Afghanistan by luring the USSR into its own proxy quagmire, which in and of itself accounts for probably close to 2 million dead).
So when taken in context, while Clinton's record as SoS may seem nasty and brutal when compared to a blank slate, when you compare it to what came before... you get an altogether different impression.
That's my 2 cents anyway. As a student of history, and as a realist, if I could vote in the USA, I would cast my vote for Hillary, and I would do so gladly, without hesitation.
J
Freitag » Tue Nov 01, 2016 10:41 pm wrote:This analysis is from a Hillary supporter: Do I Really Need to Worry About Hillary’s Emails? Yes. She Should Be Indicted. (Full Form)FBI Rewrites Federal Law to Let Hillary Off the Hook
by Andrew C. McCarthy July 5, 2016
There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.
Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.
In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence.
I would point out, moreover, that there are other statutes that criminalize unlawfully removing and transmitting highly classified information with intent to harm the United States. Being not guilty (and, indeed, not even accused) of Offense B does not absolve a person of guilt on Offense A, which she has committed.
It is a common tactic of defense lawyers in criminal trials to set up a straw-man for the jury: a crime the defendant has not committed. The idea is that by knocking down a crime the prosecution does not allege and cannot prove, the defense may confuse the jury into believing the defendant is not guilty of the crime charged. Judges generally do not allow such sleight-of-hand because innocence on an uncharged crime is irrelevant to the consideration of the crimes that actually have been charged.
It seems to me that this is what the FBI has done today. It has told the public that because Mrs. Clinton did not have intent to harm the United States we should not prosecute her on a felony that does not require proof of intent to harm the United States. Meanwhile, although there may have been profound harm to national security caused by her grossly negligent mishandling of classified information, we’ve decided she shouldn’t be prosecuted for grossly negligent mishandling of classified information.
I think highly of Jim Comey personally and professionally, but this makes no sense to me.
Finally, I was especially unpersuaded by Director Comey’s claim that no reasonable prosecutor would bring a case based on the evidence uncovered by the FBI. To my mind, a reasonable prosecutor would ask: Why did Congress criminalize the mishandling of classified information through gross negligence? The answer, obviously, is to prevent harm to national security. So then the reasonable prosecutor asks: Was the statute clearly violated, and if yes, is it likely that Mrs. Clinton’s conduct caused harm to national security? If those two questions are answered in the affirmative, I believe many, if not most, reasonable prosecutors would feel obliged to bring the case.
The Lords of Capital Sic Crazy Hillary on the World
A Black Agenda Radio commentary by executive editor Glen Ford
“The Lords of Capital are creatures of U.S. imperial dominance; they go out of business when the empire does.”
By virtually every measurement, the United States is in deep crisis, as both a society and as the headquarters of global capitalism. We can roughly measure the severity of some aspects of the crisis with the tools of economic analysis. Such an analysis is quite useful in explaining why Washington is so eager to risk war with Russia and China, whether in Syria or the South China Sea or along the ever expanding borders of NATO. To put it simply, the U.S. and western Europe become smaller, in terms of their economic influence, with every passing day, and cannot possibly maintain their political dominance in the world except by military force, coercion and terror. Those are the only cards the imperialists have left to play. The ruling circles in the U.S. are aware that time is not on their side, and it makes them crazy -- or crazier than usual.
The ruling class’s own analysts tell them that the center of the world economy is moving inexorably to the East and the South; that this trend will continue for the foreseeable future; and that the U.S. is already number two by some economic measures -- and dropping. The Lords of Capital know there is no future for them in a world where the dollar is not supreme and where Wall Street’s stocks, bonds and derivatives are not backed by full weight of unchallenged empire. Put another way, U.S. imperialism is at an inflection point, with all the indicators pointing downward and no hope of reversing the trend by peaceful means.
Now, that’s actually not such a bad prognosis for the United States, as a country. The U.S. is a big country, with an abundance of human and natural resources, and would do just fine in a world among equals. But, the fate of the Lords of Capital is tied to the ongoing existence of empire. They create nothing, but seek to monetize and turn a profit on everything. They cannot succeed in trade unless it is rigged, and have placed bets in their casinos that are nominally seven times more valuable than the total economic activity of planet Earth. In short, the Lords of Capital are creatures of U.S. imperial dominance; they go out of business when the empire does.
Beat the Clock
The rulers are looking class death in the face -- and it terrifies them. And when the Lords of Capital become frightened, they order their servants in politics and the war industries and the vast national security networks to take care of the problem, by any means necessary. That means militarily encircling Russia and China; arming and mobilizing tens of thousands of jihadist terrorists in Syria, in an attempt to repeat the regime change in Libya; waging a war of economic sanctions and low-level armed aggression against Iran; occupying most of the African continent through subversion of African militaries; escalating subversion in Latin America; and spying on everyone on earth with a digital connection. All this, to stop the clock that is ticking on U.S. and European world economic dominance.
Left political analysts that I greatly respect argue that Hillary Clinton and the mob she will come in with in January will pull back from apocalyptic confrontation with Russia in Syria -- that they’re not really that crazy. But, I’m not at all convinced. The ruling class isn’t just imagining that their days are numbered; it’s really true. And rulers do get crazy when their class is standing at death’s door.
For Black Agenda Radio, I’m Glen Ford. On the web, go to BlackAgendaReport.com.
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
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