The Damning Non-Indictment

The big news on the Fifth of July was that the Federal Bureau of Investigation had concluded after a prolonged investigation that the presumptive Democratic presidential nominee should not be indicted on federal charges for endangering national security and attempting to avoid domestic scrutiny of her awful record as Secretary of State by conducting her official business on an unauthorized and insecure e-mail account. The presumptive Democratic nominee and the serving two-term Democratic president who was campaigning with her on the Fifth of July were well pleased by the results, but we can’t imagine why anyone else would be pleased.
The current head of J. Edgar Hoover’s and Efrem Zimbalist Jr.’s formerly well-regarded FBI had famously defied on principled terms both the George W. Bush and Barack Obama administrations, so there was some hope among thus of us on the right that at least he would force the Democratic president’s appointed Attorney General to let the presumptive Democratic nominee off the hook, but at least he didn’t let them off the hook entirely. The brief and no-questions-taken-from-the-press announcement of her clean bill of health acknowledged that her e-mail practices as Secretary of Sate were indeed unauthorized by law and might well have have led to national-security-endangering breaches by hostile foreign governments, which should be enough to disqualify any old major party’s candidate from consideration for the president of the United States, but it also slightly plausibly cited a lack of proof of criminal intent. That law the presumptive Democratic nominee for President of the United States was being investigated for breaking specifically mentions “gross negligence,” however, and if questions had been allowed and we’d somehow been in on the announcement we would have loved to ask why “criminal intent” is required to prove “gross negligence.” The announcement also refuted many  of the lies that Clinton has been telling about the matter all along, including her insistence that there was only a “security review” and not a criminal investigation, and none of it reflects well on her, but the all important headline is that once again Clinton won’t be facing charges.
Even if they did bring charges we doubt it would have much difference. A recent poll showed that half of the country’s Democrats would have wanted her to fight on in the presidential race despite an indictment, and we’re sure would all of them would reply that the only another choice in a binary election is to elect the presumptive Republican nominee. There’s still a chance that one of those hostile governments that hacked the presumptive Democratic nominee’s e-mails is Russia, whose strongman leader currently has a mutual admiration society going with the presumptive Republican nomination and will happily transmit some of those top-secret e-mais to embarrass her, and there’s still the matter of the FBI investigation regarding her family’s phony-baloney “family foundation” and the donations it received from foreign countries during her tenure as Secretary of State, but for now it seems likely that the presumptive Democratic nominee will eventually be the actual Democratic nominee. This is bad news for the presumptive Republican nominee, who has such ethical and gross negligence issues of his own that Clinton is probably the only Democrat he has an outside chance of beating, and it’s bad news for the rule of law and the country at large.

— Bud Norman