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Former Chief Asst. U.S. Attorney: Trump Admin’s Espionage Act Enforcement May Spell Trouble For Hillary Clinton

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01/17/2018 08:08 PM
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Former Chief Asst. U.S. Attorney: Trump Admin’s Espionage Act Enforcement May Spell Trouble For Hillary Clinton
[link to www.thegatewaypundit.com]

The Justice Department announced Tuesday that it had charged ex-CIA agent Jerry Chun Shing Lee with a felony for unlawfully retaining classified information. Chief Asst. U.S. Attorney Andrew C. McCarthy believes Lee’s arrest demonstrates the Trump administration is doing what the Obama administration, in part, refused to do — enforce the Espionage Act. The move may spell trouble for Hillary Clinton.

McCarthy writes in National Review:

[… ] Trump Justice Department’s prosecution theory in Lee’s case repudiates in every salient particular the Obama Justice Department’s analysis of the Clinton investigation. […] It was based on such an absence of traitorous intent that the Obama Justice Department and the FBI — and, more important, President Obama himself — rationalized dropping the Clinton investigation rather than filing an indictment. […]
Finally, it makes no difference that Lee is charged with felony retention of classified information under the Espionage Act’s section 793(e) while Mrs. Clinton was said to be investigated for grossly negligent mishandling of classified information under the Act’s section 793(f). […]

Mrs. Clinton should have been investigated (and charged) under section 793(e) since she, like Lee, willfully and unlawfully retained classified information in unauthorized places (and transmitted it to unauthorized people). The gross-negligence felony (793(f)) should have been the prosecutors’ fallback position.

Yet, by drawing us into this morass, the Obama administration ingeniously set the framework for public discussion of Clinton’s case: just carelessness, not real crime. In reality, Clinton was like Lee: She should have been prosecuted for willful misconduct. […] But if the government fails to convict Lee, it won’t be due to the intent element, on which the evidence is strong. In that sense, the Espionage Act is back to being enforced as it is written. If the email investigation were reopened under those terms, it would be bad news for Mrs. Clinton and her underlings.