FBI Director James Comey as he issues his recommendation that no criminal charges be filed against Hillary Clinton
Photo via The New York Times
Unexpectedly, the FBI investigation into Hillary Clinton’s emails came to a putative conclusion yesterday with Director James Comey’s recommendation that no criminal charges be filed against Mrs. Clinton for her use of a personal e-mail server that likely contained classified information. The matter technically could still be overturned by Attorney General Loretta Lynch but, given that the nation’s top law enforcement officer said she’d defer to Comey (after a stupid and ill-conceived meeting with ex-President Bill Clinton last week), it is exceedingly unlikely she’d reverse the findings. In other words, case closed. Well, technically speaking anyway.
This is the season of politics (is it ever not?) and whether they know it or not, Republicans, while not getting the gift they wanted most – Mrs. Clinton’s head on a platter, were treated to a major and nearly unprecedented tongue-lashing of her by Mr. Comey. In itself, this could make for devastating ads during the general election campaign. Whatever side one is on, that’s just political reality. You’d think that would make the GOP pretty darned happy, right? Nonsense. Before the findings were issued, the Grand Old Party was hoping for an indictment but even if it came to pass, Comey was the right man for the job. So now that it happened, their solution is, go for more and go after Comey and quite likely, incur the wrath of the American people and risk vast overkill by conducting hearings into the matter. So I guess my question for Republicans is, could you possibly know you’ve won?
In declaring that he wouldn’t recommend charges, Director Comey told reporters that it was the “judgment” of the Bureau “that no reasonable prosecutor would bring such a case.” That was merely the legal conclusion. The oral conclusion was Clinton “should have known that an unclassified system was no place for that conversation.” Of course the line that garnered the most headlines was that she and her staff were “extremely careless.”
Comey acknowledged the unusual practice of making a public announcement but called it necessary given the high-profile nature of the case. He clearly knew that the GOP would use that at issue number one during the rapidly approaching convention and that the longer he waited, it would become a bigger political football than it already is. Worse, it would effectively force conclusions among voters that may have been contrary to the FBI’s findings.
Noted legal scholar Alan Dershowitz, writing for Capitol Hill newspaper The Hill also called it, “unusual for an FBI director to express opinions such as the kind that Comey made in his statement…Normally when a prosecutor declines prosecution, all that is said is that there will be no indictment.” Dershowitz added that it is “rare, though not unprecedented, for a prosecutor to then go on to excoriate the object of the investigation.”
For Republicans that should have been a eureka moment. They’ve been swinging at Clinton and now a pinata of goodies have fallen. The indictment came to pass but this could be considered more than a partial victory. Further, had they been running against someone other than Donald Trump they could probably get mileage out of those lines. If the GOP wanted to run ads saying Clinton acted “exceedingly careless” and put herself and staff in a position to compromised classified information, they could easily do so because those are the facts (even though other Secretaries of State have done the same). If they wanted to blast her for inconsistencies, particularly involving how many accounts she had, that would be fine as well. The American people already have concerns about Clinton’s honesty. But that’s not sexy enough for the political lexicon.
The other factor is Republicans didn’t get the result they wanted or expected out of Comey. Rush Limbaugh said “James Comey … Really Is A Guy With Impeccable Integrity.” Yesterday, he compared him to Chief Justice John Roberts and his decision affirming Obamacare. Just a week ago, Utah Congressman Jason Chaffetz, who also chairs the Oversight and Government Reform Committee, when asked by Fox News if he would accept Comey’s recommendations replied, “Oh, probably, because we do believe in Comey. I do think that in all of the government, he is a man of integrity and honesty….I think he is going to be the definitive person to make a determination or a recommendation,” Chaffetz said before adding, “We’ll see where that goes.” Well, I guess he saw which way it went because last night, he was talking about subpoenaing Comey before his committee. House Speaker Paul Ryan is echoing that. He once praised Comey as well but when asked if his conclusion made it seem as though she got special treatment replied, “It certainly looks that way.”
Prerogative? Sure. But with a conclusion rendered by someone even Republicans have said exudes confidence, the GOP runs the risk of continuing to look like sore losers. That should surprise no one. That’s exactly what took place with impeachment nearly two decades ago. It left the public infuriated. The facts were the facts but the people wanted to move on. Now, the facts are out and some people still might care. But because it’s not exactly as they’d like, it’s overkill. Well, I hate to break it to you but contrary to what they’d like, no elections are handed to anyone. Make no mistake. In this case, the indignation is solely because Hillary Clinton is the Democratic nominee and no indictment means the election will not be handed to them. Oh, democracy!
In closing, Frank Sinatra had a song, “All or Nothing At All.” That’s what the GOP is going for by carrying on and not letting the chips fall where they may with American people between now and November. Instead, they should hope the American people see it as a case of a song by The Animals, “I’m just a sole whose intentions are good. Please don’t let me be misunderstood.”
In other words, Mr. Speaker, know when you’ve won.