WASHINGTON ― FBI Director James Comey on Thursday defended his decision to forgo a criminal case against
Hillary Clinton,
telling an angry congressional committee that the former secretary of
state’s handling of her email system simply doesn’t merit prosecution.
Comey announced Tuesday that he’d cleared Clinton from potential
prosecution over her use of a private email server, saying her actions
were “extremely careless” but that no “reasonable” prosecutor would
pursue the case. His most damning finding was that Clinton had more than
100 classified messages on her home-brew system, including eight marked
“top secret.”
Immediately after the announcement, Oversight Committee Chairman Jason Chaffetz (R-Utah) called a hearing on the issue.
“We’re here because we’re mystified and confused by the fact pattern
you laid out,” Chaffetz said. He added that based on Comey’s facts, if
an “average Joe” had done what Clinton did, “they’d be in handcuffs.”
The top Democrat on the
committee, Rep. Elijah Cummings (Md.) said Comey had a thankless task
that was bound to bring criticism from all sides, including that his
statement went too far in its condemnation of Clinton.
Cummings accused the GOP of mounting yet another politically
motivated attack, only because Comey didn’t produce the result they
wanted.
“Amazingly, some Republicans who were praising you just days ago ... instantly turned against you,” Cummings said.
“In their eyes, you had one job and one job only, to prosecute
Hillary Clinton,” Cummings said, before asking Comey to “fill the gap”
that Chaffetz pointed to, and explain the FBI’s reasoning and process.
“Even if it takes until hell freezes over, I beg you to fill the gap,” Cummings said.
Comey stood by his statement that the FBI’s investigation was wholly
unpolitical and based entirely on the facts, but said that he understood
why people might question the decision.
He said the choice not to prosecute boiled down to two things: what
Clinton knew about what she was doing, and what she intended. He noted
that while someone could be prosecuted under espionage law for “gross
negligence” in handling classified material, it had only happened once
in 100 years.
And in this case, he repeated, Clinton’s actions did not rise to a prosecutable level.
“My conclusion was and remains that no reasonable prosecutor would bring this case,” Comey said.
In addition to grilling Comey on his decision, Republicans used Thursday’s hearing to
call for yet another FBI investigation of Clinton, this time centered on whether she had lied under oath.
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