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Clinton–Obama Emails: Key to Understanding Why Hillary Wasn’t Indicted – Andrew McCarthy

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. (See, e.g., here, here, and here.) 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.

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