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Don Lemon: The Really Sad Thing About Jussie Smollett Is That He Got Bad Advice and Lost "In the Court of Public Opinion," And Now Fox News Hosts and Trump Are Going to "Eat His Lunch" | Main | Alysin Camarota: Our Bosses, Who Tell Us Dummy Puppets What To Say, Told Us to Tap the Brakes on Hyping the Smollet Story
February 21, 2019

FBI's Top Lawyer Thought Hillary Clinton Should Be Prosecuted Over Email Crimes, But Was Talked Out Of It

Comey's defense for his own campaign to free Hillary Clinton from legal consequence was that "no reasonable prosecutor" would press charges for this set of facts.

Well, sure -- I mean, except for the FBI's own top lawyer.

Turns out "A Higher Loyalty" refers to Hillary Clinton.


For most of the past three years, the FBI has tried to portray its top leadership as united behind ex-Director James Comey's decision not to pursue criminal charges against Hillary Clinton for transmitting classified information over her insecure, private email server.

Although in the end that may have been the case, we now are learning that Comey's top lawyer, then-FBI General Counsel James Baker, initially believed Clinton deserved to face criminal charges, but was talked out of it "pretty late in the process."

The revelation is contained in testimony Baker gave to House investigators last year. His testimony has not been publicly released, but I was permitted to review a transcript.

During questioning by Rep. John Ratcliffe (R-Texas), Baker was unequivocal about his early view that Clinton should face criminal charges.

"I have reason to believe that you originally believed it was appropriate to charge Hillary Clinton with regard to violations of law -- various laws, with regard to mishandling of classified information. Is that accurate?" Ratcliffe, a former federal prosecutor, asked Baker.

Baker paused to gain his lawyer's permission to respond, and then answered, "Yes."

He later explained why he came to that conclusion, and how his mind was changed:

"So, I had that belief initially after reviewing, you know, a large binder of her emails that had classified information in them," he said. "And I discussed it internally with a number of different folks, and eventually became persuaded that charging her was not appropriate because we could not establish beyond a reasonable doubt that - -we, the government, could not establish beyond a reasonable doubt that -- she had the intent necessary to violate (the law)."

Ah yes, intent -- something the law does not require to be proven. Something Comey straight-up invented as a Double Secret Probation Element of the Crime only for Hillary Clinton.


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posted by Ace of Spades at 12:55 PM

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