In Clinton Case, Obama Administration Nullifies 6 Criminal Laws

Tyler Durden's picture

Authored by Eric Zuesse,

When the Obama Administration, on July 5th, ruled that in regard to Hillary Clinton’s privatized email system while she was Secretary of State, "Our judgment is that no reasonable prosecutor would bring such a case” to a grand jury, because “We cannot find a case that would support bringing criminal charges,” they ignored the following six U.S. criminal laws, each of which undeniably describes very well what she did:

18 U.S. Code § 2232 — Destruction or removal of property to prevent seizure

(a) Destruction or Removal of Property To Prevent Seizure

Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Impairment of In Rem Jurisdiction

Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.

18 U.S. Code § 1512 — Tampering with a witness, victim, or an informant

(c) Whoever corruptly

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

 

18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

 

18 U.S. Code § 2071 — Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

 

18 U.S. Code § 641 — Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use, or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof, …

Shall be fined not more than $10,000 or imprisoned not more than ten years or both. …

 

18 U.S. Code § 793 — Gathering, transmitting or losing defense information …

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer —  

Shall be fined not more than $10, 000 or imprisoned not more than ten years, or both. (g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, shall be subject to the punishment provided for the offense which is the object of such conspiracy.

Those laws are consequently null and void, by Executive action. When Congress (which is supposed to be the Legislative branch of the government) passed those laws, what were they describing, if not this? Of course, they did describe there what Clinton has, in fact, done.

If we are a nation “of laws, not of men” (as that old basic description of democracy phrased it), then Ms. Clinton will be prosecuted, at least through the grand jury stage, on (at least) those grounds. The decision regarding her innocence or guilt will be made by jurors (first by the grand jurors, of course, and if they find there to be a case, then by a trial jury), not by the broader public - and also not by the nation’s Executive: the President and his appointed Administration. That is what it means for a government to be a functioning democracy. Any government which violates this principle - that it is “of laws, not of men [including women]” - is not functioning as a democracy: it’s something else.

In addition to these criminal laws, there are also federal regulations against these matters, but violations merely of federal regulations (such as these) are far less serious than are actions that violate alsofederal criminal laws (such as the six laws that are listed above).

She isn’t even being sanctioned for the violations the the State Department’s own regulations (or “rules”).

This is not a partisan issue. I was until recently an active Democrat, and I joined with millions of other Democrats who expressed condemnation when George W. Bush was allowed to get away with many severe crimes (such as this) while he was in office; and one of the reasons why I was trying to find someone to contest against President Obama in Democratic primaries for the 2012 Democratic Presidential nomination was that Obama had refused to prosecute his predecessor’s crimes against this nation. But now this same Obama is nullifying at least these six laws in order to win as his successor Hillary Clinton, who surely will not prosecute Obama for his many crimes (such as this and this) while he has been leading this nation and destroying our democracy.

I parted company from the Democratic Party when I gave up on both Parties in 2012 as they and the government they operate have been since at least 1980 — not at all democratic, but instead aristocratic: holding some persons to be above the law (that researcher there called the U.S. an “oligarchy,” which is simply another word for the same thing — rule by the top wealth-holders, not by the public: not a “democracy").

There can be no excuse for Obama’s depriving the public, via a grand jury decision, of the right to determine whether a full court case should be pursued in order to determine in a jury trial whether Hillary Clinton’s email system constituted a crime (or several crimes) under U.S. laws. The Obama Administration’s ‘finding’ that “clearly intentional and willful mishandling of classified information” would need to have been proven, in order for her to have been prosecuted under any U.S. criminal law, is a flagrant lie: none of the above six U.S. criminal laws requires that, but the only way to determine whether even that description (“clearly intentional and willful mishandling of classified information”) also applies to Clinton would be to go through a grand jury (presenting the above-cited six laws) and then to a jury case (to try her on those plus possibly also the charge that there was “clearly intentional and willful mishandling of classified information”). But now, those six laws are effectively gone: anyone who in the future would be charged with violating any one of those six laws could reasonably cite the precedent that Ms. Clinton was not even charged, much less prosecuted, for actions which clearly fit the description provided in each one of those U.S. criminal laws. Anyone in the future who would be charged under any one of these six laws could prove discriminatory enforcement against himself or herself. (In the particular case discussed there, discriminatory enforcement was ruled not to have existed because the enforcement of the criminal law involved was judged to have been random enforcement, but this condition would certainly not apply in Clinton’s case, it was clearly “purposeful discrimination” in her favor, and therefore enforcement of the law against anyone else, where in Clinton’s case she wasn’t even charged — much less prosecuted — for that offense, would certainly constitute discriminatory enforcement.) So: that’s the end of these six criminal laws. The U.S. President effectively nullified those laws, which were duly passed by Congress and signed into law by prior Presidents

And that’s the end, the clear termination, of a governemnt “of laws, not of men”.

*  *  *

Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

 

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santafe's picture

Remember Slick Willy, the Teflon dude on whom nothing could stick? Well, meet Mrs Teflon, the future POTUS. http://bit.ly/1p1jKnr

mofio's picture

Will be a sad day when she's POTUS, not that Trump would be better. We're stuck, aren't we?

Heavy's picture

"Justice" system has been more a monetary system for a long while

38BWD22's picture

 

 

The fish rots from the head.  And a stinking rotten system we have.  

There is no justice, JustUs...

*   *   *

$hillary, Bill & Obama should all be in jail.

But in the end they WILL get theirs...

 

"Non illegitimi carborundum"

 

38BWD22's picture

 

 

Zero Hedge Commenters!

I am thinking of changing my name!  It seems that some names can get away with more than others.  How about:

DoChenRollingClinton?

38BWBillary?

Bearing Hussein Obama?

I feel like I too could be a part of the elite!  Whee!  RICHE$ for little work and no risk!

espirit's picture

Going. Dark. Soon.

Best of luck DCRB.

38BWD22's picture

 

 

Hear you.  I read another comment or two recently here at ZH along those lines.  

Maybe only to fight on a spiritual plane from here on out...

Best to you & yours too.

NoDebt's picture

"I was until recently an active Democrat, and I joined with millions of other Democrats who expressed condemnation when George W. Bush was allowed to get away with many severe crimes (such as this) while he was in office; and one of the reasons why I was trying to find someone to contest against President Obama in Democratic primaries for the 2012 Democratic Presidential nomination was that Obama had refused to prosecute his predecessor’s crimes against this nation. But now this same Obama is nullifying at least these six laws in order to win as his successor Hillary Clinton, who surely will not prosecute Obama for his many crimes (such as this and this) while he has been leading this nation and destroying our democracy."

Too late, motherfucker.  Too fucking late.  We're fucked and you're fucked right along with us, asshole.  There will be no stopping the descent into fascism now.

SofaPapa's picture

I realize you know this, ND, but just to nitpick it seems there is no descent left.  We are already in a fully developed fascist state. Unless you believe that our elections would be permitted to promote someone not pre-selected by the corporate powers into our government, then this is fascism. The corporate power structure controls the levers of power through their ownership of the political process, they operate above the law, and they pursue their own interests in flagrant disregard for the will of those (the "democratic" majority) not in the club.  Perhaps at a local or state level, there is some remnant of democratic process left, but at a national level?  It's gone.  No further to descend.

Sorry.  I realize again I'm nitpicking, but just wanted to clarify.

All Risk No Reward's picture

>>Any government which violates this principle - that it is “of laws, not of men [including women]” - is not functioning as a democracy: it’s something else.<<

Well, yeah - a Debt-Money Monopolist Mega-Corporate Fascist Empire system.

That's EXACTLY the system that has been used to usurp America's Constitutional Republic.

dark pools of soros's picture

Everythings fucked man.. even if you do wake up a few people, and I mean genuinely wake them up.. it is only temporary since the brainwashing and dogma is way too strong and entrenched for people to resist.

 

Fish Gone Bad's picture

brainwashing and dogma

Yeah, just ask Comey.  Do you think his friends think he is a sell-out?  Putin has got to be laughing his ass off right about now. 

leftcoastfool's picture

Wait a minute... you lost me: You mean Comey has friends?

OrangeJews's picture

Ok... I'm not a lawyer but doesn't that makes those laws void for everyone else? The law is based on what laws have been withheld vs overturned. Anything you do basically you just say "Not guilty... Based on the FBI vs. Hillary Clinton." If the law is true... You will be set free.

object_orient's picture

Nope. You think the little guy gets away with that shit? "Prosecutorial discretion." They decide who gets charged and who doesn't. Laws are complicated and all that... you wouldn't understand. Now welcome your new president.

Miles Ahead's picture

Why OrangeJews?  You got a private email server for your Classified correspondence instead of your .gov authorized one?

Bay Area Guy's picture

Not at all.  Remember Comey said this wasn't a precedent for any other cases.

This was a literal get out of jail free card for Clinton.

BarkingCat's picture

I am sorry to tell you but you do not have what it takes to be part of the elite.

He could however serve as their lackey .

How do you feel about fucking a dead pig to join that club????

38BWD22's picture

 

 

I'd rather speak 20 minutes at Goldman for $225,000.

N2OJoe's picture

Or not speak for $225,000 as it were.

TNTARG's picture

Even if you were invited, you'll have to surrender your soul to them in order to get in. Would you?

38BWD22's picture

 

 

The system is corrupt.  You got that right.  Maybe you ARE better off over there.

Peace & blessings.

Yes We Can. But Lets Not.'s picture

It is already clear that HRC22 is crooked, incompetent, self-serving, scofflaw, prima donna, scripted, total phony, power-crazed, venal, war monger

Me, I'd prefer to give Trump a chance to prove that he is none, or at least not all, of those....

TruthHunter's picture

According to our Human Resource Manager in Chief, she's the MOST QUALIFIIED...EVER!

You summarized her "qualifications" well.

DuneCreature's picture

Me too.

No one is perfect but putting a steaming pile of psychopathic shit into office because it has a pass from Team Evil and a cunt is over the top brain-dead.

The country may have WW III coming based on bad Karma and mass stupid alone.

Live Hard, Be Indignant Where Warranted, Die Free

~ DC

Jack Burtan's picture

Greetings Tyler's,
Santafe with its fake accounts, spamming and fake conversations polluting every post in the comment section is really getting old now. I do not even like going to the comment section with this ass screwing it up.

Kirk2NCC1701's picture

You guys think like 5th gradersor old women in a Monty Python skit.  The REAL QUESTION you people should be asking is...

WHY IS OBAMA NOT BEING IMPEACHED?

Being the POTUS does NOT give him imperial powers to ignore laws and then decree that the FBI and DOJ ignore them also.  If so, then it's time for a military coup or 1776 style revolution.

DuneCreature's picture

"If so, then it's time for a military coup or 1776 style revolution."

I vote for both.

The only people I know with any integrity are way below the rank of Staff in the military and blue collar salt of the earth types.

That would translate into the only people who know how to get things done and how to actually make weapons systems work.

What do we need with a bunch of control freak phony leaders with no integrity?

Live hard, Get Er Done With The Ground Grunts And Farmer Types, Die Free

~ DC v2.0

 

scm's picture

"Stuck"? No. More like FUCKED.

doctor10's picture

the Clinton foundation nullified 6 federal laws today....

Mr. Magoo's picture

"That is what it means for a government to be a functioning democracy"

FYI Eric The United states was supposed to be a republic, of course that ended when the war of northern aggression started but I digress

Dormouse's picture

Beinvenido a la Republica Bananera de Los Estatos Unitos

RichardP's picture

If the issues outlined in the article are valid, they are valid for ALL who had private servers at home.  Why, then, is nobody criticizing how the others with private servers are getting away with breaking the law.  If the issue was truely justice under the rule of law, those other folks would be part of this conversation.  Since they are not, since only Hillary is discussed, then it is obvious that this conversation is not really about justice under the rule law.

Be honest about your motivation.  That's not real difficult to think through folks.

BarkingCat's picture

I was going to write a counterpoint but why waste my time.

 

True Blue's picture

What?

Every person who has a home server is using it to illegally hold and send 'classified' material? Using it to strip 'top secret' headings from documents to knowingly transmit to people without clearance? Using it to hide official communications, to keep absolute corruption from being made public through FOI requests? Selling their influence in the position as Secretary of State to the highest bidders? Burning official documents to hide corruption (like the Secretary of State's daily schedule -which is an official document of the gov't and a necessary part of the historical record?)

Be honest about your motivation; then return half of your salary to Soros -you aren't good at what he hired you to do.

Yes We Can. But Lets Not.'s picture

 

of the people, by the people, for the, uh, uh, er, uh, the elite...

- The Stammering Dipshit Living in the White House, 2016

Ralph Spoilsport's picture

One positive from Amerika officially dying today - The Internationale (Communist Anthem) doesn't have those troublesome high notes our former anthem has.

https://earloftaint.files.wordpress.com/2016/07/comey.jpg

Dormouse's picture

Ramadan is over; did the pResident get his wedding ring back from the repair shop this year yet?

kliguy38's picture

What's really funny is how we are focused on these crimes when her genocide/war crimes goes untouched........murder/mayhem and no one cares

santafe's picture

FANTASTIC POINT. War crimes of hers just like W's and Obama's.

Miles Ahead's picture

No, it's not an issue.  War Crimes by Anglo-American society are not prosecutable. 

Bush? Blair?  Ronny? Willie?  Then why Hills?

ebworthen's picture

"Amurika!  Red, White, and Blue!  We can do no wrong!  Just like the Romans!"

max2205's picture

We are a Shithole 

Colonel Klink's picture

Correction, our Federal Government is a shithole.

MisterMousePotato's picture

Unfortunately, responsibility for the 'shortcomings' of the Federal Government is clearly laid at the feet of many, if not most, of us. Hillary Clinton (et al.) is not the problem. She is a symptom of a problem worse even than she.

True Blue's picture

"Welcome to Bananastan, here are your 'freedom-cuffs' -secure them to both wrists, then bend over and cough."