Rudy Giuliani Nails It : Hillary Violated the Law

Dear readers, as you struggle to make sense out of FBI Director Comey's nonsense in recommending no charges for Hillary Clinton's "extremely careless" use of a private unsecured email server while Secretary of State, remember this. There is only one person whose analysis matters. RUDY GIULIANI. And he has nailed it. Media have reported the Tuesday remarks of Giuliani, New York City Mayor on 9/11, and a highly successful former federal prosecutor. ~~~~~ "It would be unreasonable for a prosecutor not to go forward with it and almost an abdication of duty," Giuliani told Fox News. "What was just laid out is what we would call a no-brainer in the attorney's office that Jim Comey worked at, he was one of my assistants. A reasonable prosecutor would have brought this case no doubt. I don't know how he ever, ever is going to be able to charge anybody in the CIA or the FBI who is extremely careless with top secret information, if he isn't charging Hillary Clinton." ~~~~~ Comey announced that while Hillary Clinton and her staff were "reckless" and "extremely careless" in the use of a private email server, the FBI found no basis to file criminal charges against Clinton : "Prosecutors necessarily weigh a number of factors before deciding whether to bring charges. They also consider the context of a person's actions and how similar situations have been handled in the past. In looking back at our investigations, into the mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts." Both the FBI and the Justice Department are headed by Attorney General Loretta Lynch, who has been roundly criticized for her 30-minute meeting last week with former President Bill Clinton aboard her private plane on the tarmac at Phoenix airport. ~~~~~ Giuliani pounced on Comey's finding that Clinton was "extremely careless" in using the private server : "The minute you say 'extremely careless,' you are saying 'gross negligence.' eThat is what a judge will charge a jury. The judge will charge a jury: Has the government proven that she was? What do we mean by gross negligence? We mean extremely careless. Regular carelessness is not using the proper degree of care under the circumstances. Gross negligence is being extremely careless in exercising your responsibilities of this. That's what Jim Comey found. He then just didn't come to the conclusion that it's a violation of the statute." Later on CNBC, Giuliani was adament : "Gross negligence is the first definition in Black's Law Dictionary. 'Gross negligence' includes the words 'extreme carelessness.' Carelessness equals negligence. Extreme carelessness equals gross negligence, under the law. He knows that." ~~~~~ As for the question of intent that Comey said was lacking and Hillary supporters keep raising, she would be prosecuted under a statute that does not require 'intent' -- 18 USC 793 requires "gross negligence." And, Giuliani even explained 'intent' for Comey : “The way prosecutors prove intent is not [when] somebody says ‘I intend to do insider trading,’ or ‘I intend to give a bribe.’ We prove intent through circumstantial evidence. So, we have thousands and thousands of documents that she handled carelessly -- that she handled with no regard for what the rules or the laws were. Then we have 34,000 documents she destroyed. That alone is evidence of intent." Giuliani said : "circumstantial evidence...is overwhelming in this case.... destruction of the 34,000 emails...a prosecutor could have instructed a jury that deleting the emails 'infers guilty knowledge.'" ~~~~~ Dear readers, Giuliani, clearly shocked by Comey's words, pushed back on Comey's assertion that any reasonable prosecutor would not bring charges : "I don't have any doubt I can win this case in front of a jury....It is so discouraging to someone who loves the Justice Department..." At the very least, Giuliani said Clinton should "resign" as a candidate for the presidency . "She violated [the law]....This is the special exception for the Clintons."