- Hillary
Clinton « Press Release and Fact Sheet from
Hillary for America
ed.
note: After FBI director James
Comey's July
5 statement on Clinton's
emails he was brought in to testify before the House Oversight and
Government Reform Committee on July 7.
_____________
July 7, 2016
"Despite the partisan motivations of this hearing, we are glad it took place and that Director Comey had the opportunity to expand upon his remarks from earlier this week. Director Comey's testimony clearly knocked down a number of false Republican talking points and reconciled apparent contradictions between his previous remarks and Hillary Clinton's public statements. The Director's explanations shut the door on any remaining conspiracy theories once and for all. While Republicans may try to keep this issue alive, this hearing proved those efforts will only backfire."
Here are 15 key takeaways:
1. Emails reported as "marked classified" were improperly marked.
MATT CARTWRIGHT: I don't think you were given a full chance to talk about those three documents with the little ‘C’s’ on them. Were they properly documented? Were they properly marked according to the manual? COMEY: No.
2. And those emails could be reasonably judged as not classified.
MATT CARTWRIGHT: If Secretary Clinton were an expert about what's classified and not classified and we're following the manual, the absence of a header would tell her immediately that those three documents were not classified. Am I correct in that? | COMEY: That would be a reasonable inference.
3. There’s no evidence Clinton ever knew she had received classified information or intended to retain it on her server.
COMEY: There is in my view not evidence beyond certainly probable cause, not evidence beyond a reasonable doubt she knew she was receiving classified information or she intended to retain it on her server.
4. Guccifer admitted his claim he had hacked Clinton’s server was a lie.
BLAKE FARENTHOLD: And [Guccifer] claimed he gained access to Sid Blumenthal's e-mail account and traced him back to Secretary Clinton's private server. Can you confirm that Guccifer never gained access to her server. | COMEY: He admitted that was a lie.
5. And there is no evidence that Clinton’s server has ever been successfully hacked.
COMEY: We were not able to conclude [any hacking attempts] were successful.
6. The FBI’s investigation was not influenced by outside officials.
COMEY: "They didn't influence it in any way."
7. Clinton’s case is nothing like the case of General David Petraeus.
COMEY: The Petraeus case to my mind illustrates perfectly the kind of cases the Department of Justice is willing to prosecute. Even there, they prosecuted him for a misdemeanor. In that case, you had vast quantities of highly classified information, including special sensitive compartmented information, that's the reference to code words. Vast quantity of it not only shared with someone without authority to have it but we found it in a search warrant hidden under the insulation in his attic and then he lied to us about it during the investigation. So you have obstruction of justice, you have intentional misconduct, and a vast quantity of information. He admitted he knew that was the wrong thing to do. That is a perfect illustration of the kind of cases that get prosecuted. In my mind, it illustrates importantly the distinction to this case.
8. Clinton’s case is nothing like the case of CIA Director John Deutch.
COMEY: The Deutch case illustrates [the difference between Clinton’s case and others who were prosecuted] perfectly. I mean he took huge amount of documents. Almost all at the TSSC I level. Had them in hard copy in his house, had them on an unclassed system connected to the internet, attempted to destroy some when he got caught. Admitted I knew I wasn't supposed to be doing this. You have clear intent, huge amounts of documents, obstruction of justice. Those are the kinds of cases that get prosecuted. That's what I said. I meant it when I said it. In my experience which is three decades no reasonable prosecutor would bring this case. I know that frustrates people but that's the way the law is and that's the way the practice is at the Department of Justice.
9. Clinton’s case is nothing like the case of Navy Commander Bryan Nishimura
COMEY: Nishimura was prosecuted under the misdemeanor statute 1924 on facts that are very different. If you want me to go through them, I'll go through them but they are very different.
10. The FBI’s conclusion that there was no case against Clinton was unanimous.
WILL HURD: Was this unanimous opinion within the FBI on your decision? | COMEY: Well the whole F.B.I. wasn't involved but the team of agents, investigators, analysts, technologists — yes.
11. Clinton’s email setup was, as she has always said, a matter of convenience.
COMEY: Our best information is she set it up as a matter of convenience. It was an already existing system that her husband had and she decided to have a domain on that system.
12. Clinton did not instruct lawyers who performed the sorting of her emails.
JIM JORDAN: Did Secretary Clinton know her legal team deleted those emails they kept from us? | COMEY: I don't believe so. | JORDAN: Did Secretary Clinton approve those emails being deleted? | COMEY: I don't think there was any specific instruction or conversation between the Secretary and her lawyers about that. | JORDAN: Did you ask that question? | COMEY: Yes. | JORDAN: Did Secretary Clinton know her lawyers cleaned devices in such a way as to preclude forensic discovery? | COMEY: I don't think she did. | JORDAN: Did you ask that question? | COMEY: Yes.
13. Hillary Clinton did not lie to the FBI.
COMEY: We have no basis to conclude she lied to the FBI.
14. Clinton was not even evasive with the FBI.
COMEY: I don't think the [FBI] agents assessed she was evasive [in their 3.5 hour interview with Hillary Clinton.]
15. There is no truth to the idea that others are prosecuted for what Clinton did.
COMEY: There's all kinds of folks watching this at home who are being told, ‘well, lots of other cases were prosecuted and she wasn't.’ I want them to know, that's not true!
###
For Immediate Release, July 7, 2016
_____________
July 7, 2016
Hillary for America Statement on FBI Director Comey's Testimony Before House Committee
Hillary for America National Press Secretary Brian Fallon released the following statement Thursday following FBI Director James Comey's appearance before the House Oversight and Government Reform Committee:"Despite the partisan motivations of this hearing, we are glad it took place and that Director Comey had the opportunity to expand upon his remarks from earlier this week. Director Comey's testimony clearly knocked down a number of false Republican talking points and reconciled apparent contradictions between his previous remarks and Hillary Clinton's public statements. The Director's explanations shut the door on any remaining conspiracy theories once and for all. While Republicans may try to keep this issue alive, this hearing proved those efforts will only backfire."
###
For Immediate Release, July 7,
2016
15 Facts From Comey
FBI Director’s Testimony Backs Up Clinton, Debunks Republican Conspiracy Theories
Today, House Republicans brought FBI Director James Comey in to testify – after the conclusion of a year-long investigation – in hopes of uncovering new details to damage Hillary Clinton. Instead, Comey’s testimony only debunked GOP talking points and further substantiated Clinton’s case.Here are 15 key takeaways:
1. Emails reported as "marked classified" were improperly marked.
MATT CARTWRIGHT: I don't think you were given a full chance to talk about those three documents with the little ‘C’s’ on them. Were they properly documented? Were they properly marked according to the manual? COMEY: No.
2. And those emails could be reasonably judged as not classified.
MATT CARTWRIGHT: If Secretary Clinton were an expert about what's classified and not classified and we're following the manual, the absence of a header would tell her immediately that those three documents were not classified. Am I correct in that? | COMEY: That would be a reasonable inference.
3. There’s no evidence Clinton ever knew she had received classified information or intended to retain it on her server.
COMEY: There is in my view not evidence beyond certainly probable cause, not evidence beyond a reasonable doubt she knew she was receiving classified information or she intended to retain it on her server.
4. Guccifer admitted his claim he had hacked Clinton’s server was a lie.
BLAKE FARENTHOLD: And [Guccifer] claimed he gained access to Sid Blumenthal's e-mail account and traced him back to Secretary Clinton's private server. Can you confirm that Guccifer never gained access to her server. | COMEY: He admitted that was a lie.
5. And there is no evidence that Clinton’s server has ever been successfully hacked.
COMEY: We were not able to conclude [any hacking attempts] were successful.
6. The FBI’s investigation was not influenced by outside officials.
COMEY: "They didn't influence it in any way."
7. Clinton’s case is nothing like the case of General David Petraeus.
COMEY: The Petraeus case to my mind illustrates perfectly the kind of cases the Department of Justice is willing to prosecute. Even there, they prosecuted him for a misdemeanor. In that case, you had vast quantities of highly classified information, including special sensitive compartmented information, that's the reference to code words. Vast quantity of it not only shared with someone without authority to have it but we found it in a search warrant hidden under the insulation in his attic and then he lied to us about it during the investigation. So you have obstruction of justice, you have intentional misconduct, and a vast quantity of information. He admitted he knew that was the wrong thing to do. That is a perfect illustration of the kind of cases that get prosecuted. In my mind, it illustrates importantly the distinction to this case.
8. Clinton’s case is nothing like the case of CIA Director John Deutch.
COMEY: The Deutch case illustrates [the difference between Clinton’s case and others who were prosecuted] perfectly. I mean he took huge amount of documents. Almost all at the TSSC I level. Had them in hard copy in his house, had them on an unclassed system connected to the internet, attempted to destroy some when he got caught. Admitted I knew I wasn't supposed to be doing this. You have clear intent, huge amounts of documents, obstruction of justice. Those are the kinds of cases that get prosecuted. That's what I said. I meant it when I said it. In my experience which is three decades no reasonable prosecutor would bring this case. I know that frustrates people but that's the way the law is and that's the way the practice is at the Department of Justice.
9. Clinton’s case is nothing like the case of Navy Commander Bryan Nishimura
COMEY: Nishimura was prosecuted under the misdemeanor statute 1924 on facts that are very different. If you want me to go through them, I'll go through them but they are very different.
10. The FBI’s conclusion that there was no case against Clinton was unanimous.
WILL HURD: Was this unanimous opinion within the FBI on your decision? | COMEY: Well the whole F.B.I. wasn't involved but the team of agents, investigators, analysts, technologists — yes.
11. Clinton’s email setup was, as she has always said, a matter of convenience.
COMEY: Our best information is she set it up as a matter of convenience. It was an already existing system that her husband had and she decided to have a domain on that system.
12. Clinton did not instruct lawyers who performed the sorting of her emails.
JIM JORDAN: Did Secretary Clinton know her legal team deleted those emails they kept from us? | COMEY: I don't believe so. | JORDAN: Did Secretary Clinton approve those emails being deleted? | COMEY: I don't think there was any specific instruction or conversation between the Secretary and her lawyers about that. | JORDAN: Did you ask that question? | COMEY: Yes. | JORDAN: Did Secretary Clinton know her lawyers cleaned devices in such a way as to preclude forensic discovery? | COMEY: I don't think she did. | JORDAN: Did you ask that question? | COMEY: Yes.
13. Hillary Clinton did not lie to the FBI.
COMEY: We have no basis to conclude she lied to the FBI.
14. Clinton was not even evasive with the FBI.
COMEY: I don't think the [FBI] agents assessed she was evasive [in their 3.5 hour interview with Hillary Clinton.]
15. There is no truth to the idea that others are prosecuted for what Clinton did.
COMEY: There's all kinds of folks watching this at home who are being told, ‘well, lots of other cases were prosecuted and she wasn't.’ I want them to know, that's not true!
###
For Immediate Release, July 7, 2016
Copyright © 2016 Eric M. Appleman/Democracy in Action.
All rights reserved.