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Nearly a dozen active FBI Special Agents and Federal Prosecutors working for the Department of Justice who spoke on condition on anonymity for fear of reprisal have said they believe that, given the information that has been made public to date, there is more than sufficient evidence for the FBI to recommend federal criminal charges for national security-related crimes against Hillary Clinton and some of her top aides to the Department of Justice for prosecution.
Specifically, the Special Agents and Federal Prosecutors that I spoke with cited the 22 ‘Top Secret’ emails withheld by the State Department at the request of the U.S. Intelligence Community and the nearly 2,000 pages of additional redacted classified email correspondence found on Mrs. Clinton’s unclassified email server as sufficient evidence to warrant charges. Those charged would include the unauthorized disclosure, storage, and retention of classified national security information stemming from gross negligence and willful misconduct.
If the sources predictions are correct and the FBI does recommend charges, then Federal Prosecutors would have to sign off on the charging sheet. It would then be up to a Grand Jury or a Federal Judge to determine whether or not to indict any of those charged based on the evidence collected.
The only question is whether or not the DOJ will do so.
Those same sources have stated that the investigation is in fact criminal in nature and has expanded in scope since it was initiated. They also say that it is not complete and is being tightly guarded to prevent leaks in order to maintain the integrity of both the investigation and the FBI itself, as FBI Director Jim Comey is a “truth seeking, no-nonsense, and independent professional who won’t let politics stand in the way of justice.”
This is further evidenced by the fact that, according to sources, the Department of Justice has taken the extraordinary step of asking Special Agents and Federal Prosecutors working on the case to sign non-disclosure agreements.
Sources have further stated that the investigation is still ongoing in an effort to collect every scrap of evidence and leave no stone unturned, as the FBI understands the ramifications that the results of the investigation may have on the U.S Presidential race and the nation itself. The FBI also understands that “any mistake made by the bureau (FBI) during the course of the investigation would be politicized as a purposeful act designed to either help or hurt Mrs. Clinton, depending on the error.” It is a burden that the FBI has taken on “with a sense of duty and apolitical professionalism,” according to sources.
There was also unanimous agreement by the sources that in their respective opinions, any decision not to charge Mrs. Clinton with national security crimes would likely be political in nature and directed by the White House. The actual decision as to whether or not to sign off on a FBI Charging document will be made by the Department of Justice, which is led by fellow New York Democrat and Obama Presidential Appointee, Attorney General Loretta Lynch.
For these reasons, and for the sake of the integrity of our democracy, Attorney General Lynch should appoint an outside special prosecutor to review any evidence collected by the FBI and make a determination as to wether or not to seek an indictment(s). Not doing so will forever cast a cloud over our democratic system of governance and feed the notion that the American political class at the highest levels is above the law.