Hillary was “Not Put Under Oath” and the Interview by the FBI was “Not Recorded”

Joseph R. John

Over the last year, Hillary repeatedly lied to Congress while under oath, lied in her response to questions during Presidential debates, lied during interviews with news media, and lied to the American people on how she handled Secret, Top Secret, and Sensitive Compartmented E-mails, that were transmitted and received on the unclassified private E-mail server in the basement of her home.

Hillary Clinton also lied in her testimony while under oath to Congress, about the “Radical Islamic Terrorists” who attacked on the U.S. Mission in Benghazi, Libya. She also lied to the families of the four dead Americans who were killed in Benghazi, within close proximity to their American Flag draped caskets, immediately after their bodies arrived at the Delaware U.S. Air Force Base. She also repeatedly lied to the American people and the news media, when she said the attack on the U.S. Mission in Benghazi was the result of a demonstration against a YouTube video that went bad, when on the night of the attack, she told her daughter the attack was conducted by an Al Q’ieda type terrorist group.

After many years as a practicing attorney, eight years as a U.S. Senator, eight years as the Secretary of State, Hillary had been repeatedly briefed and required to execute proof of her understanding, under penalty of perjury, on how to handle classified material. Hillary very well knew that in transmitting and receiving classified E-mails on an unclassified server, she was violating U.S. Federal Laws.

In his testimony before Congress, the FBI Director alleges Hillary Clinton did not know what she was doing when she was violating Federal Laws; if that is true, it goes to her lack of “competence,” she has demonstrated she is “incompetent” to ever be trusted to handle classified material again.

FBI Director Comey told the American people the FBI did a “comprehensive” investigation of whether Hillary Clinton violated U.S. Federal Laws. He said Hillary had “No Intent,” even though he knew she repeatedly lied while she was under oath in her sworn testimony to Congress on her handling of classified material. By lying to Congress under oath, she perjured herself, which was evidence of her “Intent” to mislead and deceive Congress about the details of how she received and transmitted Secret, Top Secret and Sensitive Compartmented E-mails on the unclassified server in the basement of her home.

Most Americans fully understand that perjury in testimony before Congress, while under oath, is a federal crime.

Hillary’s interview by the FBI was not conducted in the same manner all other suspects in a criminal case are interviewed. FBI Director Comey not only did not attend the 3 ½ half hour (very short) interview of Hillary Clinton, but incredulously, he did not ensure she was put “Under Oath,” did not ensure the interview was “recorded,” and did not require a “transcript” taken of the interview for retention by the FBI. Before the FBI Director ruled against referring Hillary’s case for criminal prosecution, Director Comey did not even speak to the 5 or 6 FBI Agents who interviewed Hillary on a Saturday on the 4th of July weekend.

The FBI Director’s decision not to recommend the indictment of Hillary Clinton, negatively affected the view of millions of Americans, who developed the impression there is no equality in the “Rule of Law.” At a minimum, the way FBI Director Comey had the FBI handle the interview of Hillary Clinton, it also led the American people to believe there are two sets of rules for enforcing U.S. Federal Laws. There is one for Hillary Clinton, and another for other Americans, who have been previously prosecuted, convicted and jailed for doing far less than what Hillary did, in their own handling classified material.

After FBI Director Comey laid out how Hillary repeatedly violated U.S. Federal Laws over a four year period, he drew an erroneous conclusion when he said “no reasonable prosecutor would bring such a case” because she had no “Intent.” Hillary’s “Intent” was proven when she repeatedly lied to Congress, about how she was handling classified material. However, thousands of Americans are currently serving prison sentences for mishandling classified material, and in many of their cases, “Intent” was never proven. “Intent” is not required to convict someone for violating Federal Laws governing the handling of classified material.

Hillary Clinton and her staff, who were involved in improperly handling extremely sensitive compartmented E-mails (those E-mails are more highly classified than Top Secret), were incredibly reckless, and they should never be allowed to handle classified material again.

Hillary Clinton’s case should have been referred to the Justice Department for indictment, so the Justice Department could have referred her case to a Grand Jury, in order to allow the Grand Jury to make the decision. If Hillary were a soldier in the U.S. Army and had violated the handling of classified material, she would have lost her security clearance, would have been faced with criminal prosecution and would have lost pay. Director Comey prosecuted and convicted members of the U.S. Navy for mishandling classified material, without having to prove “Intent.”

The US Attorney General gave Hillary a pass on prosecution for her gross violation of mishandling classified material over a four year period, in violation of Federal Laws governing the handling of classified material; it was an extremely bad day for the American Justice System.

Joseph R. John, USNA ‘62

Capt USN(Ret)/Former FBI

Chairman, Combat Veterans For Congress PAC

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