Clinton Backers Cry Foul Over What F.B.I. Considers Common Procedure

American_Jihad

Flaming Libs/Koranimals
May 1, 2012
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None of this would have happened if Hillary did not have a privet sever in her basement with a maid sending and receiving classified emails. Wonder if anyone checked her green card...

Clinton Backers Cry Foul Over What F.B.I. Considers Common Procedure

The New York Times

By ADAM GOLDMAN1 hr ago
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WASHINGTON — After a federal judge unsealed a search warrant this week that the F.B.I. had used to examine emails related to the previously closed inquiry into Hillary Clinton’s private server, some of her backers said it proved their contention that the warrant should never had been sought because it would not have changed the outcome of that investigation.

The decision by the bureau’s director, James B. Comey, to make the new email examination public in the presidential election’s closing days was a “stain” on his legacy and amounted to an “extraordinary impropriety,” Mrs. Clinton’s supporters said. Mrs. Clinton herself has said that Mr. Comey’s move cost her the election.

But while the F.B.I. ultimately did not find anything to alter its decision in July not to pursue criminal charges against Mrs. Clinton or her aides, agents believed they needed to examine the emails to be certain there was nothing new in them. This is common procedure for the bureau, whether the case involves a former secretary of state like Mrs. Clinton or anyone else.

In seeking the warrant, agents told the judge there was reason to believe the new emails might contain classified information. The emails were found on the laptop of Anthony D. Weiner, the estranged husband of Huma Abedin, a top Clinton aide. The laptop was not authorized to store classified information. The judge said there was sufficient probable cause and signed the warrant on Oct. 30.

“The standard for probable cause is ‘more likely than not,’” said Ron Hosko, a former F.B.I. assistant director. “What’s probable cause? Something that makes it more likely or not that there is information related to a federal offense and it exists in this location. You’re not trying to make the federal case. You’re trying to get over a legal threshold, and it is the lowest legal threshold there is.”

The renewed inquiry into Mrs. Clinton’s private email server started after agents began investigating allegations that Mr. Weiner, a former congressman, had sent illicit text messages to a 15-year-old girl in North Carolina.

When agents took possession this year of Mr. Weiner’s laptop, they found thousands of emails that belonged to Ms. Abedin and could see that she had used her clintonemail.com and Yahoo.com email addresses.

In its previous investigation, the F.B.I. had determined that both of those private email addresses had been used to send information that was later deemed to be classified. The F.B.I. also knew that Mrs. Clinton and Ms. Abedin had exchanged more than 4,000 emails from 2009 to 2013.

The F.B.I. said that because Ms. Abedin, using those two email accounts, had exchanged classified information with Mrs. Clinton in the past, agents had reason to seek a search warrant.

“There is also probable cause to believe that the correspondence between them” on the laptop “contains classified information which was produced by and is owned by the U.S. government,” according to the F.B.I.’s search warrant.

The warrant said the bureau believed that the 1917 Espionage Act might have been violated, a surprising possibility given that such crimes are felonies that can carry up to 10 years in prison. Mr. Comey had said in July that the F.B.I. had investigated two possible violations of the Espionage At, but had found nothing to support charges. Before Mr. Comey said that, it was believed that the F.B.I. was focusing primarily on the potential mishandling of classified information, a misdemeanor.

One of the possible crimes referred to in the warrant was gross negligence under the Espionage Act, a charge that Mr. Comey himself had said was rarely used. “No reasonable prosecutor would bring the second case in 100 years based on gross negligence,” Mr. Comey told Congress in July.

Agents were also concerned that any classified information on the computer could have ended up in the wrong hands. They said a forensic analysis would be needed to determine whether the computer had been hacked.

Shortly after the warrant was unsealed on Tuesday, Mrs. Clinton’s supporters took aim at Mr. Comey and the F.B.I.

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Clinton Backers Cry Foul Over What F.B.I. Considers Common Procedure

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