DOJ reopened Hillary's email case and considering plea deal?

[jem]

in charging hillary I am a pretty sure a prosecutor would not be bound by a previous decisions by other prosecutors in other cases... even if there were similar ones. Caveat... I don't state that as an attorney well versed in that area of the law... its what I remember learning.

A prosecutor would look at this case against Hillary and determine if there is enough evidence to show probable cause a crime has been committed.

regarding stare decisis . I do know that... stare decisis applies to courts being bound by the decisions of higher courts in the same jurisdiction with the same material legal facts.

fair enough, but to go forward, first a court must be convinced there is enough credible evidence of not merely poor judgement, or mistakes, but actually wrong doing, and no matter what the rules say, it's the law that matters. Furthermore, many statutes leave room for interpretation. Even though we say ignorance of the law and/or good intentions are no defense, in actual practice understanding of the law and intentions matter. These considerations along with stare decisis are going to bear on the decision whether to prosecute. From my fairly extensive experience with handling classified documents, and the information made public, I think Comey was correct not to recommend prosecution. It would have been an expensive political exercise and a waste of time as well as money.

 

[jem]

1. even if it not... because McCabe was involved you can't point the FBIs integrity and say there nothing there.

2. it has been reported by multiple sources there was an investigation into pay to play at the clinton foundation right up until the election. you think it stopped after trump was elected?

you are not attempting to deny that are you?

Heard from who? Fox News? Nobody legit has reported that there is even an investigation, let alone it's 'going on'.

 

[TreeFrogTrader]

The announcement comes a day after FBI Director James Comey held a press conference in which he said “no reasonable prosecutor” would pursue a case against Clinton, even though she and her staff were “extremely careless” in their handling of classified material.

I see. So today you have switched back to confirming that Comey did make the final decision even though he lacked authority to do that. I see how it works now. This is an even numbered day. Tomorrow is an odd-numbered day where you will toggle over to the other argument and deny that comey made the final decision because he just made a recommendation to Loretta- which would the mean that Loretta did make the decision even though she asserted that she was letting Comey do it.

Maybe you could develop an app to help us follow what your crabwalk is for any given day. That would be helpful.

giggle.

 

[TreeFrogTrader]

in charging hillary I am a pretty sure a prosecutor would not be bound by a previous decisions by other prosecutors in other cases... even if there were similar ones. Caveat... I don't state that as an attorney well versed in that area of the law... its what I remember learning.

A prosecutor would look at this case against Hillary and determine if there is enough evidence to show probable cause a crime has been committed.

regarding stare decisis . I do know that... stare decisis applies to courts being bound by the decisions of higher courts in the same jurisdiction with the same material legal facts.

Yeh. There was not formal agreement with Hillary so a future prosecutor is not bound, athough Comey screwed up the environment plenty. He gave all of Hillary's underlings immunity- the IT guy, Huma, Cheryl Mills, Jennifer Palmeri and probably others immunity. Plus he let them take their laptops and other hardware with them. I dont know how a future prosecutor can put the squeeze on them when their immunity from the government is still in place. I dont know though whether they got immunity for all crimes related to issue at hand or whether it was just immunity against prosecution for anything in their testimony to the FBI. Either way. Comey gave them a free pass which makes it harder for a future prosecutor unless they can make their case without them.

Note that Comey let Hillary testify without putting her under oath and he specifically told the committee that he did not record her interview. Compare and contrast this with how he approached Martha Stewart. He was unable to get her on the securities violation but he had her under oath and recorded so he put her away on the perjury charge. Yeh. Think about it. Softball all the way for Hillary.

 

[jem]

comey's actions reek of corruption. had he any integrity as a public servant at all McCabe would never have been allowed to investigate once his wife took 750g from the Clinton's bag man.

then he cut those deals...

Yeh. There was not formal agreement with Hillary so a future prosecutor is not bound, athough Comey screwed up the environment plenty. He gave all of Hillary's underlings immunity- the IT guy, Huma, Cheryl Mills, Jennifer Palmeri and probably others immunity. Plus he let them take their laptops and other hardware with them. I dont know how a future prosecutor can put the squeeze on them when their immunity from the government is still in place. I dont know though whether they got immunity for all crimes related to issue at hand or whether it was just immunity against prosecution for anything in their testimony to the FBI. Either way. Comey gave them a free pass which makes it harder for a future prosecutor unless they can make their case without them.

Note that Comey let Hillary testify without putting her under oath and he specifically told the committee that he did not record her interview. Compare and contrast this with how he approached Martha Stewart. He was unable to get her on the securities violation but he had her under oath and recorded so he put her away on the perjury charge. Yeh. Think about it. Softball all the way for Hillary.

 

[fhl]

IMO... if the prosecution shows her it is serious... she will take the plea deal.
She has no defense. She did it. She has to take the plea deal or go to prison.

That is why in the news today she said she wants to become a preacher.
Clinton spin machine spinning up. Can you believe that she has the stones to say she wants to become a preacher. Vince fosters killer, the live in lesbian while "married". The vistor to underage sex island, the congential liar, bills bimbo eruption torturer... is willing to sully religion like that....


She takes the deal. She gets to say she has changed... she found God. Giving the sentencing judge cover to not send her to jail.

Church of Lyingtology
Our Lady of Don't Recall
Jehovah's Dead Witnesses
Seventh Day Abedinists
Our Lady of the Remote Server
Our Lady of Blessed Failure
First Raptist
Church of Sorious Loozer

 

[exGOPer]

I see. So today you have switched back to confirming that Comey did make the final decision even though he lacked authority to do that. I see how it works now. This is an even numbered day. Tomorrow is an odd-numbered day where you will toggle over to the other argument and deny that comey made the final decision because he just made a recommendation to Loretta- which would the mean that Loretta did make the decision even though she asserted that she was letting Comey do it.

Maybe you could develop an app to help us follow what your crabwalk is for any given day. That would be helpful.

giggle.

It's easy to giggle when you are arguing strawman arguments

My post

Lunch recused from making a decision, she didn't recuse from executing a decision reached by others

Earlier post

I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation.”

http://www.politico.com/story/2016/...ill-not-pursue-charges-against-clinton-225189

Why can't you actually debate the facts instead of making stuff up? Lynch executed the decision reached by career prosecutors who acted on Comey's recommendation, that's how the FBI works, they don't decide anything.

 

[TreeFrogTrader]

Why can't you actually debate the facts instead of making stuff up? Lynch executed the decision reached by career prosecutors who acted on Comey's recommendation, that's how the FBI works, they don't decide anything.

Yeh sure. I guess that is why Comey came out and announced that he had made a decision and that the Justice Department did not even know what he was going to say because he had not consulted with them.

Then later he said that he had had to move ahead of Loretta because that whole Tarmac scene and her ordering him to refer the investigation as a "matter" was making him "queasy" so he was not going to wait for her.

Might want to work on your spin a little. Even Comey doesnt agree with it.

giggle.

 

[exGOPer]

Yeh sure. I guess that is why Comey came out and announced that he had made a decision and that the Justice Department did not even know what he was going to say because he had not consulted with them.

Show me the announcement where he said he made the decision, the justice department didn't know about his RECOMMENDATION because Lynch recused.

Try sticking to facts just once.

Gaggle

 

[TreeFrogTrader]

Show me the announcement where he said he made the decision, the justice department didn't know about his RECOMMENDATION because Lynch recused.

Try sticking to facts just once.

Gaggle

Who made the final decision to not prosecute Hillary. Not interested in hearing about recommendations. Did Loretta make that decision or did she recuse?