Saturday, July 9, 2016
Definitions relevant to Hillarygate, and FBI's Comey as legislator
Federal Bureau of Investigation: "The FBI is charged with investigating all violations of Federal laws." Black's Law Dictionary. [Note the FBI's jurisdiction: "Investigate."]
Investigate: "To follow up step by step by patient inquiry or observation. To trace or track; to search into; to examine and inquire into with care an accuracy; to find out by careful inquisition; examination; the taking of evidence; a legal inquiry." Black's Law Dictionary. [Note the absence of power to prosecute.]
Prosecute: "To follow up; to carry on an action or other judicial proceeding; to proceed against a person criminally. To 'prosecute' an action is not merely to commence it, but includes following it to an ultimate conclusion." Black's Law Dictionary. [Note the express power to "proceed"; in other words to "try" an already-investigated alleged criminal.]
Gross Negligence: "The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another." Black's Law Dictionary. [Note that under certain circumstances this reckless kind of conduct can be criminal.]
Reckless: "Careless, heedless, inattentive; indifferent to consequences. * * * For conduct to be 'reckless' it must be such as to evince disregard of, or indifference to, consequences, under circumstances involving danger to life or safety of others, although no harm was intended." Black's Law Dictionary. [Note that reckless conduct is less culpable than "intentional" conduct.]
Intent: "Design, resolve, or determination with which a person acts. * * * Being a state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts." Black's Law Dictionary. [Note that, thus, someone must be the fact-finder.]
Jury: " A certain number of men and women selected according to law, and sworn to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them." Black's Law Dictionary. [Note what the jury's task is.]
The FBI smelled a rats' nest concerning at least Hillary's server and her email usage.
As the preeminent federal investigatory agency, it investigated.
At the conclusion of its investigation, the Bureau's director, Mr. Comey, changed hats and became a volunteer prosecutor. While he did report the damning facts -- more than sufficient to warrant a Justice Department Grand Jury, indictment, and trial of Hillary-- Comey went beyond them.
Comey unilaterally amended the applicable criminal statute by ignoring its express "gross negligence" standard, and substituting the straw-man standard of "intent" which does not appear as an element of the crime in the statute or case law.
In doing so, he exceeded the Bureau's fact-investigation jurisdiction, overrode Congress which had enacted the law and the president who had signed it, set the table for Loretta Lynch (the corrupt and amoral Attorney General of the United States) who had promised to accept the FBI report, and, for good measure usurped the role of a jury in deciding whether a given state of facts violate a specific law(s).
To "intentionally" mix metaphors: The FBI director, while carrying water for Obama, the democrat party, and the Clintons didn't simply drop the ball, Mr. Integrity deliberately threw it away.