Bryan H. Nishimura Was Charged After Committing Same Crimes as Hillary Clinton
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.
Rudy Giuliani: “Today Hillary Clinton Was Put Way Above The Law”
The reactions to the FBI’s shocking announcement in which it announced it would not seek charges against Hillary Clinton are coming in fast and furious, with House Speaker Paul Ryan announcing moments ago that, at least in his view, Trump was spot on when he tweeted over the holiday weekend that the system is rigged when he said that the FBI’s decision not to suggest the Department of Justice brings charges against former Secretary of State Hillary Clinton “defies explanation.”
While I respect the professionals at the FBI, this announcement defies explanation. No one should be above the law. pic.twitter.com/OqctxglquI
— Paul Ryan (@SpeakerRyan) July 5, 2016
“While I respect the law enforcement professionals at the FBI, this announcement defies explanation. No one should be above the law. But based upon the director’s own statement, it appears damage is being done to the rule of law,” Ryan said in a statement, adding that declining to prosecute Clinton for her handling of classified information “will set a terrible precedent.”
“The findings of this investigation also make clear that Secretary Clinton misled the American people when she was confronted with her criminal actions,” Ryan said in the statement.
Yes, but since no “reasonable judge” would prosecute Hillary (by which we assume he means no judge that has received quid-pro-quo from the Hillary foundation or affiliated and related parties), and since the FBI “cannot find a case that would support bringing criminal charges on these facts” despite the FBI bringing criminal charges in precisely such a case less than a year ago, the “fix is in.”
Next, it was Judicial Watch’s turn to chime in: Judicial Watch President Tom Fitton made the following statement regarding the decision by Federal Bureau of Investigation Director James B. Comey that the Department of Justice not indict former Secretary of State Hillary Clinton for the disclosure of classified information on her non-state.gov email:
FBI Director James Comey detailed Hillary Clinton’s massive destruction of government records and grossly negligent handling of classified information. Frankly, there’s a disconnect between Comey’s devastating findings and his weak recommendation not to prosecute Hillary Clinton. Federal prosecutors, independent of politics, need to consider whether to pursue the potential violations of law confirmed by the FBI.
Judicial Watch helped break open the Clinton email scandal and, in the meantime, will independently continue its groundbreaking litigation and investigation.
Finally, none other than former presidential candidate and NYC mayor, Rudy Giuliani, opined when he told CBS that “No one should be above the law. Today Hillary Clinton was put way above the law.”
— CBS News (@CBSNews) July 5, 2016
He also spoke to CNBC when he said that he is “shocked” at Comey’s conclusions because he “clearly concluded that Hillary violated 18 US Code section 793 when he said she was extremely negligent” while on Hillary’s intent Giuliani said that the circumstances of extreme negligence “over and over and over again” is the best proof of intent, “also her destruction of 34,000 emails also proves intent.”
Former prosecutor & NYC mayor Rudy Giuliani: “Shocked” at FBI director Comey’s conclusion in Clinton e-mail probe pic.twitter.com/3HLxmkVjRD
— CNBC Now (@CNBCnow) July 5, 2016
Giliani’s conclusion: “This is an extremely hard conclusion to justify. People have been charged under these statues for far less than this”, but… when one is Hillary Clinton, the laws don’t exactly apply like they do for ordinary people.