February 21, 2019

More details have come to light on something we talked about here a while back: that former FBI General Counsel James Baker thought Hillary’s use of a private server was “appalling” and “alarming” and that he “argued with others about why they thought she shouldn’t be charged.”

Investigative reporter Sara A. Carter has obtained Baker’s testimony before the House Oversight and Government Reform Committee, in which he said he believed her use of her own server for classified emails while she was Secretary of State was enough to secure an indictment to possibly charge her for violations of the Espionage Act, for mishandling sensitive government documents. He testified that he argued about this over “a period of time” with senior colleagues at the Bureau, including then-Director James Comey. They apparently went round and round about this.

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Under questioning from Rep. John Ratcliffe of Texas, he described his experience of reviewing a classified binder that contained examples of both sensitive and highly classified materials Hillary had transmitted over her “semi-secured” server. And, yes, he was alarmed and appalled by what he saw.

When Ratcliffe asked Baker if this was what he had also told Inspector General Michael Horowitz, Baker said it was.

So why did Baker finally change his mind about charging Hillary, shortly before Comey announced that “no reasonable prosecutor” would bring the case? (Comey already had produced the draft of an exoneration in which the legal term “grossly negligent” was changed to the seemingly lighter “extremely careless.”) After a lot of back and forth, Baker’s colleagues convinced him that there was a lack of evidence to prove Clinton’s “intention” in mishandling the classified documents.

Wow, they sure must have applied a lot of pressure, because “intention” doesn’t have to be proved in such a case and surely he –- all of them –- knew this. (Numerous legal experts have come forward since that time to explain it to us non-lawyers.) Baker said he argued with them about whether or not she should face indictment until the very end.

(NOTE: This whole discussion really should have been moot, because the FBI was supposed to turn over what it had found to the Justice Department, where the attorney general, not Comey, was supposed to make the determination of whether or not to indict. The FBI was really overstepping its bounds, especially with Comey’s very public pronouncement. But I suppose in the end it hardly mattered, as no doubt “the fix was in” with AG Loretta Lynch, too.)

When Ratcliffe asked Baker if he still found Hillary’s mishandling of the classified material “appalling,” he said, “Yes.”

Recall that Comey stood at a podium in front of TV cameras and said that “no reasonable prosecutor” would bring the case against Hillary. Ratcliffe had this moment in mind when he asked Baker if he (Baker) was a reasonable prosecutor.

“Not anymore,” he answered. “I’m not a prosecutor anymore.”

Here’s the full story with more verbatim testimony. (There’s one little glitch in the story: for some reason, it describes some events as taking place in 2017 that actually occurred in 2016, when Hillary was a candidate for President. For example, Comey publicly exonerated Hillary on July 5, 2016, not 2017. But you knew that.)



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Comments 1-25 of 41

  • Linda Donahue

    02/28/2019 01:04 PM

    I think HIllary should have been arrested and put in jail a long time ago, The list of things they have gotten away with was astronomical and why wasn't Comey under the umbrella of conflict of interest with his brother working for the Clinton Foundation, and them giving Comey money too. beats me.

  • Kathy Wingate

    02/24/2019 12:56 AM

    PS, GOV,. I'm in agreement with Tom Buttrum, who pointed out that the Clinton's may get away with all their many offences in this life, and we may not get the satisfaction of seeing it, but they will face the FINAL JUDGEMENT, in time, so if they haven't fessed up and made restitution in time, they will get what they deserve, we can rest assured. They may be above our laws, but no one is above our Creator's laws. With that in mind, I'll sleep better tonight.

  • Kathy Wingate

    02/24/2019 12:35 AM

    Well, anyone who didn't know the fix was in on Hillary, wasn't paying attention. And I imagine the Lynch/Billery tarmac meeting, some money changed hands. It is so interesting watching Lynch during questioning, no one is ever getting an answer out of her. What a corrupt bunch, and so far no penalties. Unbelievable. Trump MUST win in 20!!

  • Rick Augustine

    02/22/2019 07:29 PM

    Protection of Hillary is primary otherwise the house of cards fall. The day mainstream media talks nice about Trump, you know the cards have crumbled.

  • Edward Swisher

    02/22/2019 02:12 PM

    If I am not mistaken, there is no requirement to prove intent to violate the Espionage Act under 18 USC in order to charge or convict Hilliary. Furthermore, when the Iranian nuclear scientist was outed as a result of Hilliary's unsecure server, then subsequently tortured and killed in Iran for spying for the US, Hilliary made herself eligible for the death penalty as well.

  • Amelia Little

    02/22/2019 01:41 PM

    RE:democrats and their earmark proposal. That is one thing I was surprised and pleased to see that obama was for removing earmarks. There should be NO earmarks. I don't even think two bills should be presented in one package (such as the one where beto (I think it was him) who voted for a measure he was against, because it also contained a bill that addressed an issue he was interested in. Each bill, in common everyday terms, by itself. Not only would citizens be able to read it with clarity, but congressmen would have time to read the bill in it's entirety (because it wouldn't be thousands of pages of filler crap) instead of handing it off to staffers who probably also don't get the bills read through. Sure, it would slow down some of the government activity, but perhaps some should be thought through better, and maybe even return some of the issues to the states to deal with.

  • Amelia Little

    02/22/2019 01:33 PM

    Sad, sad, sad. And, right--if it had been turned over to lynch, the outcome would have been the same. I can't remember the reason the decision was made to let comey make the speech, except it might have had something to do with the backlash lynch got for her secret meeting with slick willie--to compare notes on the grandchildren, you know.

  • Vickie Fiorentino

    02/22/2019 08:46 AM

    So....why are we STILL not seeing her and her cronnies under oath before a REAL committee? She needs to go to JAIL!

  • Andrew E McManus Sr

    02/22/2019 06:37 AM

    For the life of me, I cannot figure out how Hillary could avoid prosecution. Nobody can tell me that in her time as SOS, she sent no emails that were classified. Then, to clean her server with bleachbit, smash phones with a hammer, and destroy other subpoenaed evidence and get away with it really grinds my gears. Can't tell me Obama knew nothing about it either, as he had his own code name so he couldn't be specifically named as a co-conspirator. I miss the America I grew up loving. Thank You

  • Carl Smith

    02/22/2019 12:20 AM

    A few years back I was giving 10;1 odds that this whole conspiracy would result In Zero indictments and even less imprisonment . I'm Upping my odds to 1,000,000; 1 and putting all my Children up for collateral. I'm saving my Grandchildren for the next Bondage period so they can Fight for Independence ONCE again.

  • James Hairston

    02/22/2019 12:09 AM

    Mike, I am in the majority, no doubt when I say I am at a total loss when it comes to Mrs. Clinton's total escape from practically ANY sort of in-depth investigation.....beginning with her stint as First Lady in Arkansas! She has been square in the middle of numerous shady events. As Secretary of State, she even admitted to using her own cell phone to conduct some official government business on. Amazingly, the FBI determined that all she had done wrong was to be neglectful in her responsibility to protect all CLASSIFIED information that was entered/collected/stored on the phone! It truly astounds me that with so much smoke, there just HAS to be fire...somewhere! But no one in the higher offices is courageous enough to take her to task! What, if anything, does she have that protects her, other than the once-President, her husband??? I feel confident, given time, she will be placed in the position that will demand her total honesty. What charges, I'm asked.... For one, Treason. Then there is Murder, or at least Conspiracy to Commit Murder. Violation of the Espionage Act. Mike, the fact is, I can't even begin to prove any of the alledged crimes listed! There in lies the problem! Evidently, no one else can either!

  • Calvin Tininenko

    02/21/2019 11:00 PM

    The endless amoral, mobster-like behavior of the Clinton clan makes me twitch: corruption from Arkansas to the White House, to New York, to Haitian contract malfeasance, to the State Department, to Benghazi, to Uranium One, to the Steele Dossier...and more. A rope could not be short enough.

  • rodney burke

    02/21/2019 10:40 PM

    James Baker caved when he KNEW better. But at least he is on the record as a strenious objector. As an attorney, he should have gone to somewhere else with those objections. He likely KNOWS that now but...this shows the corruption and bias of leadership. Yes, her actions are appalling. Obviously Comey wasn't much of a prosecutor as he would have known the facts and NOT said what he did. Was he fearful of Hilary? Why wasn't something done about her assassins then? They have been hard at work for 2 years since and the body count keep rising.

  • Jessie Teddlie

    02/21/2019 05:44 PM

    I believed the fix was in before anything came out as the act of using that server broke all the rules. When it took so long for anything to be done, it seemed obvious that Comey’s job was to exonerate and it took that long to fugure out just how to do it and to convince those who challenged it! Double standards again! Do not to this day trust most in the agencies as their leaders were corrupted enough for the sake of both Hillary and then President Obama to do anything and allow anything for them and their promises!

  • Irena Grant

    02/21/2019 05:09 PM

    Just because it wasn't dealt with then, doesn't mean that it cannot be dealt with later.

  • Dan L

    02/21/2019 03:57 PM

    Hi Mike,
    Is it possible this treasonous criminal cabal is finally going to meet their justice? I pray to our Creator that justice will prevail finally. It has been clear for sometime now that treason against the people and the country is what occurred. I hope, and expect that AG Barr will not be long in paneling a grand jury and getting some critical prosecutions underway. I say critical because this threat they have put against our country is an existential threat and must be dealt with accordingly.
    Thank you for continuing to shine light on this most horrific set of circumstances I have witnessed against our country.

  • dan L

    02/21/2019 03:44 PM

    Hi Mike,
    Is it possible this treasonous criminal cabal is finally going to meet their justice? I pray to our Creator that justice will prevail finally. It has been clear for sometime now that treason against the people and the country is what occurred. I hope, and expect that AG Barr will not be long in paneling a grand jury and getting some critical prosecutions underway. I say critical because this threat they have put against our country is an existential threat and must be dealt with accordingly.
    Thank you for continuing to shine light on this most horrific set of circumstances I have witnessed against our country.

  • mark spowage

    02/21/2019 03:26 PM

    solution to the border wall!!
    via USMCA mexico will agree to make it illegal to cross into the us except via port of entry !!
    mexico gets billions via trade as a reward for stopping all illegal crossing
    US saves billions in cost of social services due to illegals
    will have a website soon !!

  • Oscar R. Williams

    02/21/2019 03:23 PM

    So WHAT! nothing will come of it. It galls me and SO many more Americans that HRC is and has been able to get away with these crimes. It's getting demoralizing!'s already AMORAL! Who in heck do people like this think they ARE! Obviously sociopathic and "superior". How do you crack a nut like that? God Save America! God Bless President Trump!

  • Billie R Hayworth

    02/21/2019 02:47 PM

    From all the things we've learned over the past 3 years about who knew what and when, can you offer any explanation as to WHY the Hillary continues to spit in the face of the law, common decency and fairness?? We know for a fact that if you or I did 1/8th of what she and others have done we'd be locked up for the rest of our lives!!! WHY does she get to go free and WHY hasn't president Trump done what he said he'd do to her if he got to be our president????? WHY??

  • Michael Galloway

    02/21/2019 02:47 PM

    Governor: Another good article presenting us with facts. And as I am sure you know and understand, We the People appreciate all your efforts to presenting facts and in this situation, as many other, presenting evidence or enough for an investigation and pursuit for justice. But like many I am starting to feel that true justice for Hillary, Obama, Comey, Lynch, Rosenstein, McCabe, and many more will more than likely not happen. Nothing but shame and blame for the waste of time we had under AG Jeff Sessions. Can't help but wonder whose side he was really on. I guess time will tell if AG Barr is a man of justice and will pursue all the corruption under Obama, who knew exactly what he was doing by placing all these corrupt cronies in place. Getting so tired of seeing and hearing of evidence that should have already been pursued yet no action. And I actually put some blame on the Republicans. When are they going to wake up and see that the Democrats will always make a huge scene when it comes to a Republican who may or may not be involved in something, but yet the Republicans mainly remain silent against the corrupt agenda of the Democrats. There won't be any true justice system in this country ever again until the likes of Hillary and the rest of the crooks see their date in court. And if they would ever actually be found guilty and serve time, it would only seem appropriate to place them in Gitmo, since Obama took such pleasure in releasing prisoners from there. He made room for himself and others, if only there will be a justice system that places them all there and the American people can once again have trust in the justice system of the blindfolded lady!

  • Patty Hager

    02/21/2019 02:02 PM

    Mr. Huckabee it is fine and well that you share this with us, the American public. But what is being done about it? How can we even trust our government when they show partiality to certain individuals like Obama and the Clintons who we know broke the law. They boldly did it knowing full well they would not be punished. But we’re one of us to do the same thing how long would it take them to prosecute us? I believe treasonous acts took place in Washington and the far left ignores their own behavior while trying to put our president’s head on a stake on a Washington wall. I also believe that if the righteous across America would begin praying and seeking God’s face that He would bring their acts of darkness into the light. People would indeed go to jail for their crimes then. We as a country must pray!

  • Tom Buttram

    02/21/2019 01:56 PM

    Thank you Govenor once again for floating the truth out there. If not now, we know that these sins will come to light before The Judge and as they so flippantly say, there will be Hell to pay.

  • Linda Hogan

    02/21/2019 01:46 PM

    Thanks for all you do!
    It would do this country a great deal of regained trust in our system if she was indited and prosecuted and sent to prison where she belongs!

  • Tim Boman

    02/21/2019 01:33 PM

    None of anything would have been done to indict Hildabeast!! Comey was a puppet under the Osama admin as well as that hag Lynch! And all those so called Representative's have ran a muck with zero consequences, which is still why Trump keeps getting stonewalled!! It only shows how gov't cronies will keep getting more power and, richer off back door deals and "we the people" will end up like Venezuela! A Civil War is brewing from the silent majority, and once our 2nd ammendment is infringed upon is when it'll happen! Or socialism, whichever 1st...