Tuesday, July 5, 2016

Relevant points from prior posts

Information below is from prior articles on this blog, and is still very relevant:

In white collar criminal cases, the FBI often gives targets of its investigations an opportunity to come in and explain why they should not be indicted.

If the target comes in and tries to lie themselves out of prosecution, any lie or materially misleading statement made to the FBI could lead to a new criminal charge against them.

That's how Martha Stewart was sent to prison.

Good lawyers won't let their clients talk voluntarily to the FBI.

The crime of lying to federal agents, and the crime of espionage, do NOT require intent.

Mrs. Clinton violated the Federal Records Act.

But it doesn't matter.

Violators face no consequences unless the crime is discovered while they are still public employees.

The Federal Records Act is a civil law, not a criminal law.

Penalties only apply to current federal employees.

The Inspector General's Report details violations of the Federal Record Act by then-Secretary Clinton and her personal staff, and State Department records-management officials, who knew of, and ignored, the violations.

The Freedom of Information Act also has penalties ... but only for someone still working for the federal government.

There would be real consequences for intentionally destroying federal records … but that could be difficult to prove 
(assuming Mrs. Clinton really wiped her personal home server clean).

In December 2015, the Wall Street Journal said:  

"More than two dozen companies and groups and one foreign government paid former President Bill Clinton a total of more than $8 million to give speeches around the time they also had matters before Mrs. Clinton’s State Department,""fifteen of them also donated a total of between $5 million and $15 million to the Bill, Hillary and Chelsea Clinton Foundation, the family’s charity."

The new data are for 2010 through 2013 -- those four years added up to $17.7 million donated by foreign governments (to the Clinton Foundation) while Hillary Clinton was Secretary of State:

          Foreign Govt. Donations    US Govt. Donations
2010            $7.8 million                           $1.0 million
2011              2.0                                         1.0
2012              3.5                                         0.3
2013              4.4                                    less than 0.1
Total          $17.7 million                          $2.3 million