FORMER AG SPEAKS OUT – AT 9:48 A.M. ET:   Real anger is building at the FBI decision not to recommend criminal charges against Hillary Clinton.  From Breitbart: 

Mike Mukasey, who served as Attorney General from 2007 to 2009, says FBI Director James Comey wrongly excused Hillary Clinton during his press-conference by wrongly claiming that any prosecution requires strong evidence that she had the intent to violate classification laws.

But the law requires that cops and prosecutors show mere “gross negligence,” Mukasey wrote in a Wall Street Journal column, titled “Clinton Makes the FBI’s Least-Wanted List.” Moreover, Comey effectively showed during his prosecution-style press conference that Hillary Clinton’s reckless use of her unprotected home-brew email network meets that “gross negligence” test for federal prosecution, Mukasey argues.

From Mukasey's Wall Street Journal piece:

And what of the finding that the investigation did not disclose “clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information”? Even the felony statute requires no such evidence, and no such intent.

The misdemeanor involves simply the knowing removal of classified documents to an unauthorized location. That is the statute to which David Petraeus, the former U.S. Army general and Central Intelligence Agency director, pleaded guilty in 2015. (He had disclosed classified documents to his biographer/mistress, who also had top-secret clearance, returned the information to him and never disclosed it in his biography or elsewhere.)

COMMENT:  We're seeing more and more arguments like Mukasey's.  Clearly there is a substantial body of opinion that Director Comey got it wrong.

For Hillary Clinton, the case continues.  There's no way the FBI will reverse its recommendation.  But the debate over the FBI's actions will go on, as will a very high-profile discussion of Clinton's behavior at the State Department, whether technically legal or not.

July 6, 2016