Andy McCarthy writes about it at National Review. McCarthy is a former assistant U.S. attorney, and that he led the 1995 prosecution of the World Trade Center bombers, as well as prosecuting other prominent terrorism cases. So, he’s familiar with the law, and familiar with national security. The National Review is one of the most prestigious conservative publications.
From the first, these columns have argued that the whitewash of the Hillary Clinton–emails caper was President Barack Obama’s call — not the FBI’s, and not the Justice Department’s. […]The decision was inevitable. Obama, using a pseudonymous email account, had repeatedly communicated with Secretary Clinton over her private, non-secure email account.
These emails must have involved some classified information, given the nature of consultations between presidents and secretaries of state, the broad outlines of Obama’s own executive order defining classified intelligence (see EO 13526, section 1.4), and the fact that the Obama administration adamantly refused to disclose the Clinton–Obama emails. If classified information was mishandled, it was necessarily mishandled on both ends of these email exchanges.
If Clinton had been charged, Obama’s culpable involvement would have been patent. In any prosecution of Clinton, the Clinton–Obama emails would have been in the spotlight. For the prosecution, they would be more proof of willful (or, if you prefer, grossly negligent) mishandling of intelligence. More significantly, for Clinton’s defense, they would show that Obama was complicit in Clinton’s conduct yet faced no criminal charges.
That is why such an indictment of Hillary Clinton was never going to happen.
He explains how we know that Obama knew about the Clinton private, unsecure, bathroom closet e-mail server:
As his counselors grappled with how to address his own involvement in Clinton’s misconduct, Obama deceptively told CBS News in a March 7 interview that he had found out about Clinton’s use of personal email to conduct State Department business “the same time everybody else learned it through news reports.” Perhaps he was confident that, because he had used an alias in communicating with Clinton, his emails to and from her — estimated to number around 20 — would remain undiscovered.
His and Clinton’s advisers were not so confident. Right after the interview aired, Clinton campaign secretary Josh Scherwin emailed Jennifer Palmieri and other senior campaign staffers, stating: “Jen you probably have more on this but it looks like POTUS just said he found out HRC was using her personal email when he saw it on the news.”
Scherwin’s alert was forwarded to Mills. Shortly afterwards, an agitated Mills emailed Podesta: “We need to clean this up — he has emails from her — they do not say state.gov.” (That is, Obama had emails from Clinton, which he had to know were from a private account since her address did not end in “@state.gov” as State Department emails do.)
They needed to “clean this up”.
Just to reiterate, there is only one reason why someone has a private e-mail server, and that is to escape the record-keeping requirements of their employer. If all your e-mails are stored on your private, unsecure, bathroom closet server, then you can just delete them when you want, and your employer will never know about them. And then if you’ve been pedaling the foreign policy of the United States for donations to your “foundation”, then no one will ever find out.
This could not be allowed to be linked back to Obama, and so it was not allowed to be linked back to Obama.
In April 2016, in another nationally televised interview, Obama made clear that he did not want Clinton to be indicted. His rationale was a legally frivolous straw man: Clinton had not intended to harm national security. This was not an element of the felony offenses she had committed; nor was it in dispute. No matter: Obama’s analysis was the stated view of the chief executive. If, as was sure to happen, his subordinates in the executive law-enforcement agencies conformed their decisions to his stated view, there would be no prosecution.
Within a few weeks, even though the investigation was ostensibly still underway and over a dozen key witnesses — including Clinton herself — had not yet been interviewed, the FBI began drafting Comey’s remarks that would close the investigation. There would be no prosecution.
On June 27, Lynch met with Clinton’s husband, former President Bill Clinton, on an out-of-the-way Arizona tarmac, where their security details arranged for both their planes to be parked.
Over the next few days, the FBI took pains to strike any reference to Obama’s emails with Mrs. Clinton from the statement in which Comey would effectively end the “matter” with no prosecution.
And remember, we have a second FBI scandal being investigated, now. We’re trying to figure out whether the FBI used the Trump-Russia dossier, which was funded by the Clinton campaign, in order to get FISA court warrants to conduct surveillance on Trump and Trump associates. Just a little extra help for their favored presidential candidate, Hillary Clinton. Again, if true – we’re still investigating.
I used to think that the worst thing the Obama administration did was the IRS persecution of conservative groups ahead of Obama’s re-election campaign in 2012. And now there’s this new scandal. Now we’re finding out little by little what the Obama administration really did, but we’ll probably never know the whole truth.