Peak FBI Corruption? Meet Bryan Nishimura, Found Guilty For "Removal And Retention Of Classified Materials"

Tyler Durden's picture

In a scandalous announcement, FBI director James Comey moments ago said that "although there is evidence of potential violations of the statutes regarding the handling of classified information" and he gave extensive evidence of just that, "our judgment is that no reasonable prosecutor would bring such a case." He added that "prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past."

What is shocking is that the FBI director was clearly ignoring the US code itself, where in Section 793, subsection (f),"Gathering, transmitting or losing defense information", it makes it quite clear that intent is not a key consideration in a case like this when deciding to press charges, to wit:

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 under this title or imprisoned not more than ten years, or both.

What is even more shocking is that according to Comey, "we cannot find a case that would support bringing criminal charges on these facts."

Well, we did. Here is the FBI itself, less than a year ago, charging one Bryan H. Nishimura, 50, of Folsom, who pleaded guilty to "unauthorized removal and retention of classified materials" without malicious intent, in other words precisely what the FBI alleges Hillary did (h/t @DavidSirota):

U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.

 

According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system.

 

Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, following his statement to Naval personnel, he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.

 

This case was the product of an investigation by the Naval Criminal Investigative Service (NCIS) and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case

 

Here is Nishimura, this man charged after committing the same crimess as Hillary:

It doesn't end there.

Here is former FBI Assistant Director Chris Swecker who told CNBC moments ago, that in his view Comey should have brought charges as "he seemed to be building a case for that and he laid out what I thought were the elements under the gross negligence aspect of it, so I was very surprised at the end when he said that there was a recommendation of no prosecution and also given the fact-based nature of this and the statement that no reasonable prosecutor would entertain prosecution, I don't think that's the standard."

 

His conclusion: "The facts are the facts, and in this case I think there are a lot of things that are very unusual about this."

And then there is Ian Bremmer who said that "it's very clear that in trying to make it go away actually lied, repeatedly, about whether or not these materials were classified at the time. And it's the cover up frequently that gets people in trouble, it's not the actual misdeed. This was very badly mishandled by Hillary all the way through."

But then she got some much needed help from the FBI to complete the cover up.

In retrospect, perhaps former Attorney General Eric Holder said it best when he justified with the US DOJ simply refuses to bring up criminal cases against those it deems "too big to prosecute": 

if you do bring a criminal charge it will have a negative impact on the national economy, perhaps world economy

And just like that, Hillary is "systemically important", if mostly for her countless Wall Street donors.

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Budnacho's picture

Long on Rope and lampposts...

santafe's picture
santafe (not verified) Budnacho Jul 5, 2016 11:55 AM

I'm neither for the Hyllarious nor the Trumpeteer. The reality is - no matter how bad you try to smear Hillary - she will be the next POTUS. http://bit.ly/1p1jKnr

LetThemEatRand's picture

Well said (ignoring the link).  I just decided to see what the Huff Post readers have to say about all of this, and predictably most of the comments were focused on the fact that some Republican or another did worse.  Why no one can understand that both parties are equally corrupt is beyond me.  I guess it's just tribalism.  Most people identify as one or the other, and overlook whatever their team color does.

38BWD22's picture

 

 

The system is rigged.


LowerSlowerDelaware_LSD's picture
LowerSlowerDelaware_LSD (not verified) 38BWD22 Jul 5, 2016 12:02 PM

Even if you deep down know that voting doesn't matter please show up to vote for Trump.  That CORRUPT witch in the White House will be suicide for many.  Job loss for all but government connected.

Mike in GA's picture

Should be a lot of sniper job openings in the future.

DeadFred's picture

The FBI announcement is part of the deal. She gets to gets to walk but she drops out of the race. The Hillary is toast and they know it. They need someone else to take the place of the Wicked Witch of Arkansas.

froze25's picture

This must make our soldiers want to serve that much more. Nothing like fighting around the globe to make sure a witch gets away with anything she wants. I don't think she is going anywhere unless by force, she want to be the first woman president and she will do anything to get it. The only thing that stops that witch is if the London Telegraph, wikileaks or anyone else in possession of her emails does a massive data dump on the web of all of them. Trump 2016

NoDebt's picture

What I have learned today:  All future administration officials should operate exclusively on their own private email servers since it's now been deemed legal.  Heads of 4-letter agencies and above I would think.  Federal Records Act exists only to suppress low-level whistle-blowers.

Secondly, FOIA has been gutted.  No point in making a FOIA request at higher levels since no records will exist.  

'1984' might have shown up a few decades late (like flying cars) but it's definitely here now.

Four chan's picture

only a retard would vote for clinton at this point.

Handful of Dust's picture

Me thought's Comey's outfit was fittingly rogue for his absurd announcement:

 

https://images-na.ssl-images-amazon.com/images/I/61i4T0lBa0L._UX569_.jpg

macholatte's picture

No charges. Maybe that is the only way to avoid a Presidential Pardon.
She could still be prosecuted 6-8 months from now.

Was Comey on that airplane with Lynch when Clinton got in it?

VOTE TRUMP
VOTE OFTEN

!! NEVER HITLARY !!

 

 

Bokkenrijder's picture

Looks like that friendly 'meeting' on the airport tarmac in Phoenix ("talking about the kids and golf") paid off for the Corruptons.

The Saint's picture
The Saint (not verified) Bokkenrijder Jul 5, 2016 3:29 PM

The time line here looks obviously fishy, too.

1) Bill Clinton arranges a private meeting on the plane with Lynch Monday.

2) Saturday Hillary is questioned by the FBI. 

3) The next Tuesday, after a Sunday and a holiday, Comey annouces he will not recommend charges against Hillary although she is in clear violation of the law. 

4) The same day Hillary and Obama fly to North Carolina on Air Force One to campaign for her avoiding an embarrassing situation for Obama thanks to Comey.

This just stinks to high Heaven of corruption and cronyism.  The whole lot should swing from a lamp post.

lucitanian's picture

I couldn't agree with you more.

Comey is definitely a liar when he says ; "I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say."

Do you really think for one minute Obama would be flying on AF1 with this sociopathic unrepentant uncharged criminal if he had the slightest doubt that the FBI might recommend charges! The fix was in a while back obviously, for this Kabuki to be planned.

Stinking BS wall to wall.

The Saint's picture
The Saint (not verified) lucitanian Jul 5, 2016 3:48 PM

And just to add insult to injury, Hillary says she is planning to renominate Lynch if she is elected.  Where did that come from if it wasn't quid pro quo?

Stainless Steel Rat's picture
Stainless Steel Rat (not verified) The Saint Jul 5, 2016 6:56 PM

Bill steps in and the result is: "We will abide by the FBI's decision"  Then the FBI's decision is "she is guilty, but we won't prosecute."  Now we know why she commited to agree to her "underling's" decision.

Supernova Born's picture

What fear does Hillary have of ever be held accountable for anything at this point?

Hillary is going full Argentine dictator corrupt from the day she takes office.

Whoa Dammit's picture

Comey's pension means more to him than his country does. Botoxed faced Traitor.

 

Librarian's picture

That is all true.

At some personal risk by drawing attention to myself outside of the US, I sat drinking coffee in a small cafe somewhere in Europe and caught up on my news and reading ZH.  I first learned from ZH that Comey was going to speak.  I ordered a dark and bitter porter and waited to hear what he had to say.

INHO, Comey gave the appearance of having rehearsed his speech more than once.

In my opinion, there are a lot of horribly negative conclusions in Comey's speech for Trump and Sanders to make enough hay with to satisfy Japan's export requirements for several years into the future.

There have been more than a few moments in my life when I felt like the political rug was being pulled out from under my feet.  The most bitter of these was when Gerald Ford pardoned Richard Nixon.

Will this be enough for Sanders supporters to throw in behind Trump?  In a manner of speaking, Sanders supporters have been both validated and and also had the ball taken away from them again.  That is undoubtedly a bitter pill for them all to swallow.  It would have been less in their face had Comey not laid into Clinton as hard as he did.

It may seem that Clinton won the battle.

However, this may be the point at which she has lost the war.

BarkingCat's picture

She very well might have.

I spoke to a colleague today who is a pretty stunch leftist.

He actually brought up the subject and was quite angry at the corruption of the Clintons.

Ironically he never watches Fox News but just happened to catch them discussing this.

He has a very low opinion of Fox News so he expected a partisan hatched job but came away with the impression that they laid out her and Bill's corrupt ways very well.

He still does not like Trump but I sense he might go that route due to her dirty dealings.

 

sunnyside's picture

Agree completely.  Not  a huge Trump fan and I would probably vote third party, but with Hillary as the Dem nominee, then I am voting for Trump.  We know that it will be one of the two parties, and I cannot do anything that would help that woman.

All_Your_Base's picture

Regardless how you vote in November

For the next few months tell people you lean Johnson

If he polls at >15% the presstitutes may invite him to the debates (or manufacture some other reason to exclude him), it's a no brainer

Make it a three-way with Johnson ™

Dormouse's picture

She purgered herself before congress under oath. Gowdy asked if she turned over all work related emails and she said yes and Comey said they found thousands that she had not.

Mr. Bones's picture

What Clinton presidency would be complete without a little light perjury?

Dormouse's picture

I swear, my iPhone is making me stoopider. I should know how to spell perjury without auto correct but part of me wants to trust it when it starts going retard. I look like a dunce.

Handful of Dust's picture

So what about the IT guy who claimed The Fifth several hundred times?

 

It sounds like there's an entire group of people who broke the law there.

Dormouse's picture

That immunity deal was for the FBI, he excersized his 5th during Judicial Watch deposition. It was a snow job, he obviously needed higher protection because he was just an IT guy, not part of the protected class.

Would you shoot the devil in the back of given the chance? What about her minions? What if you miss?

McCormick No. 9's picture

"Was Comey on that airplane...?"

That's just it. Comey likes to fly. Safely. He is not depressed and so he wouldn't be suicided by Hillary. But if he had brought charges, he might very well have gone down in flames. Literally. Flying is very dangerous for people connected to the Clintons. Comey is simply being safety conscious.

NoDebt's picture

Prepare to find out just how many tens of millions of retarded people there are.  

momololo's picture

It's corporate propaganda manufacturing fake consent. People aren't more involved this year because Clinton has incredibly negative popularity.

Think tanks came up with individualism in this country to make us think "That guy over there is a fkn idiot, I really know whats going on!!!"

It separates & divides us from gaining more power as a group.

But don't take my word for it.

worbsid's picture

Yes:  about 52% are retards.

Al Gophilia's picture

This guy must have an ambition to work for the CFTC at some time. Will fit right in. Oh wait a minute, he is in; just needs a transfer.

JohnG's picture

 

Country's full of retards unfortunately....

jeff montanye's picture

as i believe george carlin observed of people, consider how stupid the average person is and half of them are stupider than that.

Al Gophilia's picture

Yeah; voters.

If only they"d read Bastiat's "The Law". It readily shows the reader how to release the chains and shackles of the Legislator. They're the problem, not the politician or king.

They'd dump that statist idea in a heartbeat if they did read it. Trouble is, at a challenging 81 pages, the instant  gratification  philosophers of today may find it a bit daunting.

"Just tell me I'm free and that will do it. Gooooo Jets!

FrankieGoesToHollywood's picture

only a retard would vote for clinton at this point.

We are screwed.

JusticeTBuford's picture

We are the most corrupt government on the planet.

Kissy Ass's picture

It's clear that if Hillary

Normalcy Bias's picture

There are A LOT of RETARDS out there that can vote, plus the electronic voting machines will cover any deficit.

I wonder how many people realize that the FBI has just thrown away it's last shred of credibility?

phatfawzi's picture

And right now about 44% of the country is retarded. 

flyweight's picture

Mundus vult decipi, ergo decipiatur

asteroids's picture

It's time for Putin, Guccifer, Snowden, or some other upstanding citizen to dump ALL of her emails and let the people decide.

NoDebt's picture

They have nothing to dump.  Comey just told you there was no evidence that her servers were ever breached.  They only called in Guccifer and gave him immunity to have coffee and donuts together.

 

prcat3vet's picture

Don't forget immunity to the IT hack,  just for shits and giggles.

nuubee's picture

No evidence of a breach is not evidence of no breach. Comey also openly admitted that such a breach would have deliberately covered it's tracks. Given the simple and unsecure nature of the server, covering those tracks would have been trivial for any sufficiently skilled agent.

Librarian's picture

He said that the FBI investigation could find no evidence of that.

Qualitatively, that's not the same thing.

I would say that if a new tranche of emails were to be leaked, then that would be evidence that her servers had in fact been hacked.