why doesn't a state attorney general bring up charges against hiliray clinton

Who was the FBI's top lawyer in 2016?

That's the clear subtext of testimony last October from FBI General Counsel James Baker, the FBI's top lawyer in 2016, indicating both Comey and Clinton lied. Though he spoke to Congress in October, Baker's actual remarks only came to light this week.

Did Baker back off from prosecution?

Baker backed off from seeking prosecution for Clinton after being convinced by higher-ups — like Comey — that they couldn't prove she intended to expose classified documents across her unsecured email server. So therefore, a prosecutor couldn't prove criminal intent. The only problem is, that's not the law.

Was Hillary Clinton ever charged?

In other words, Cli nton's clear reckless negligence itself warranted charges. But because of Comey, Andrew McCabe, and others at the FBI and Justice Department, she was never charged. Instead, they used charges contained in an unverified dossier financed by Hillary Clinton to begin their relentless pursuit of Donald Trump.

Can you go to jail for gross negligence?

As Fox News noted this week, "Federal law states that 'gross negligence' in handling the nation's intelligence can be punished criminally with prison time or fines, and there is no requirement that defendants act intentionally or recklessly .".

Did Comey support Hillary Clinton?

So career investigators and attorneys wanted to charge Clinton, but were derailed, as Baker said, by higher-ups. For the record, that means Comey and the ever-growing cast of characters in the Justice Department and FBI lied, dissembled and covertly supported Hillary Clinton over Donald Trump during the 2016 presidential election. It was a clear violation of the law.

What is racketeering in the US?

Activity considered to be racketeering may include bribery, counterfeiting, money laundering, embezzlement, illegal gambling, kidnapping, murder, drug trafficking, slavery, and a host of other nefarious business practices.

What is a rico conviction?

A conviction under RICO comes when the Department of Justice proves that the defendant has engaged in two or more examples of racketeering and that the defendant maintained an interest in, participated in or invested in a criminal enterprise affecting interstate or foreign commerce. There is ample evidence already in the public record that the Clinton Foundation qualifies as a criminal enterprise and there’s no doubt that the FBI is privy to significantly more evidence than has already been made public.

Is Hillary Clinton a felony?

It is a Federal Crime to negligently handle classified information under United States Code (USC) 18 section 1924. It is a Federal Class A Felony under USC 18 section 798. Hillary certified under oath to a federal judge that she had handed over to the state department all of her emails, which she clearly did not.

What did Trump pressure his acting attorney general to do?

He pressured his acting attorney general, Jeffrey Rosen, to open an investigation of purported fraud in the vote count in Georgia , even though there was no evidence of such wrongdoing. In one call, Trump apparently directed Rosen to "just say the election was corrupt, [and] leave the rest to me."

Who is Jeffrey Toobin?

Jeffrey Toobin is chief legal analyst for CNN and the author of "The Nine" and "The Oath." The opinions expressed in this commentary are his own. View more opinion at CNN.

Is there a need for investigations of presidential wrongdoing?

Investigations of presidential wrongdoing, by Congress and others, are wise and even necessary. But actual prosecutions are not, and Donald Trump should be the beneficiary of this tradition, even if he himself would surely not offer such grace to others.

Did Trump order Rosen to enforce the Hatch Act?

Notwithstanding the Hatch Act, presidents and their staffs have engaged in partisan political activities since the birth of the Republic. And Trump could argue that he was not ordering Rosen to engage in political activity, but rather to enforce the law. Again, this criminal provision has rarely been invoked, and it seems unfair to raise it in connection with Trump's dealings with his acting attorney general.

Can federal criminal prosecutions take place?

Federal criminal prosecutions can take place only pursuant to specific statutes, so it's worth analyzing some of the laws that critics say Trump may have violated.

Is it a crime to conspire to defraud the United States?

But what about a conspiracy "to defraud the United States," which does not require proof of an underlying offense? According to Justice Department policy, the government will only bring such a charge if the defendant "made statements that he/she knew to be false, fraudulent or deceitful to a government agency, which disrupted the functions of the agency or of the government."