Opinion / Politics

America, Where No One Is Above The Law—-Really??

Hillary ClintonHow can the American people be expected to believe that no one is above the law in America when Hillary Rodham Clinton is a glaring example of exactly the opposite? As described below, the “law” has not equally applied to her—yet.

From time to time, Hillary Clinton speaks at public events or makes public statements about different subjects including repetitive statements about why she lost the 2016 presidential race.  She appears convinced that she is in no legal jeopardy whatsoever for any actions she took while serving as United States Secretary of State in the Obama administration.

To review, while serving as Secretary of State, Hillary Clinton handled and stored several hundred, if not thousands, of highly classified emails on a private, unclassified email server operating in a bathroom at her private residence.  Use of a private email server for classified communications permits the material to be removed or abstracted from its proper, secure government file server.   Penalties allowed under the Espionage Act for gross negligence (intentional or not) in handling classified materials include a fine or imprisonment of up to 10 years, or both.

As ex-FBI Director James Comey famously said in July 2016, there is evidence that Secretary Clinton was “extremely careless” in her handling of “very sensitive, highly classified information”.  The term “extremely careless” purposely was used to describe her actions rather than the term “grossly negligent” which if used, would cause Secretary Clinton’s actions to be subject to the gross negligence provisions of the Espionage Act, subsection F, 18 USC 793.

James Comey indicated that there was no evidence that Secretary Clinton intended to violate any laws or policies of the United States Government regarding the handling and storing of classified materials.  But as indicated above, the gross negligence provisions of the Espionage Act, subsection F, 18 USC 793 do not require proof of an intent to deceive or perform illegal actions—gross negligence alone is grounds for prosecution. Therefore, Hillary Clinton’s actions are clear, flagrant violations of the gross negligence provisions of the Espionage Act, subsection F, 18 USC 793.

Like many millions of my fellow Americans, I was required during my career to safely store and protect classified government documents and communications.  This included storing classified documents and correspondence in a safe in a government building and/or ensuring that only a secure government file server was used to send and receive classified emails. I was well aware of the penalties for failing to accomplish all the above.

What Hillary Clinton did regarding her egregiously gross negligence in handling and storing highly classified correspondence on a private, unsecured email server located in her home bathroom is a slap in the face and tremendous disservice to all Americans who consciously obey the nation’s laws. It is a gross injustice and failure of the American justice system not to indict her.

Other Clinton investigations notwithstanding, it truly is time for Hillary Clinton to be indicted and charged with violation of the Espionage Act, subsection F, 18 USC 793. For the sake of fairness and justice, thereby proving that no one in America is above the law, please take immediate action, Attorney General Barr.

Written by Paul S. Gardiner.

Paul S. Gardiner is a retired Army officer, Vietnam veteran, and graduate of the Army War College.  His civilian career includes positions dealing with highly classified information for the Federal Preparedness Agency, predecessor to the Federal Emergency Management Agency.   


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Tony Catania
11 months ago

Why isn’t Hillary Clinton in jail I thought no one was above the Law

Mary Landis
11 months ago

It is time to hold her accountable as many other democrats. She and many others should be in jail.

Bob Pinaha
10 months ago

There is a book written years ago, The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party
by David Horowitz and Richard Poe, that documents crimes committed by Hillary Clinton while she was a prosecutor. The crimes were not investigated by the District Attorney at the time, although he was under orders to do so. He refused justifying it by saying he was a Democrat and that Democrats do not eat their own. So much for what we’ve been seeing with today’s Democrats as they obviously look the other way.

10 months ago

Lindsey Graham was given all the proof he and Congress needed to begin prosecution of Hilary Clinton by Judical Watch almost a year ago. Why HAS NO ACTION been taken to date.

Rusty Rat
11 months ago

Only the tip of the Killary iceberg.

10 months ago

Clintons will go down in history as among our most corrupt in US history and serial murderers/suiciders. They are obviously getting help for the over 70 murders/weird suicides from the deep state, but it is them and their co-dems who do the ordering of who to get rid of. Clintons started getting rid of people in their 20s. Example: The three policemen who were sent to confiscate Weiners laptop due to his teen porn on it all supposedly committed suicide with the same two weeks with zero signs of depression. Well, that’s a trillion to one shot.

Ronald Carrier
10 months ago

Get the clowns that have enabled her to stay
Out of jail while you’re at it, lock up that

10 months ago

Gross negligence in handling and storing of highly classified correspondence… and Billary wants to be President?
It may be too late to indict her BUT I will not vote for her…

10 months ago

My semi-retired business partner, who jokes that he voted for the first Republican president Abraham Lincoln and has never voted for a democratic candidate in any election ever, when asked why the Clintons aren’t in jail answered, “Because, Demo-publicans!” When someone asked what he meant he said, “Elected officials are in it together for themselves. And all that talk about representing the people is poppycock. If it weren’t so no politician serving at the national level could become multi-multi-millionaire on the salary they make as congressmen.” He stopped speaking and then continue, “It all comes down to this ‘those who… Read more »

Lawrence Greenberg
10 months ago

In a just world, Hillary – and Bill – would have been in jail for at least the last 30 years for the extensive list of crimes they had by then committed, and they have added to it massively since then.

10 months ago

There are so many that need to go to jail, many backed by George Soros. They are supposedly trying to destroy America, do your research.,, don’t open your mouth until you research… Follow the money trail.

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