Yesterday’s commentary about former FBI General Counsel James Baker’s testimony that he argued with then-FBI Director James Comey about whether Hillary should be indicted on the Espionage Act left us with one huge question –- one I think we have the answer to.

According to Baker, he and his colleagues went round and round for “a period of time” on this issue. Baker was “appalled” and “alarmed” when he saw how deeply classified the materials on Hillary’s server had been, and he thought there was evidence to indict. Keep in mind, Baker was the top attorney at the FBI; his job was to be their resident high-ranking legal expert and resolve issues such as this. His role was to advise Comey, not the other way around. But Comey –- who was not supposed to be deciding for or against prosecution anyway; that was for the attorney general –- had already made up his own mind, producing a report that changed the legal term “grossly negligent” to the softer “extremely careless” (though in fact they mean the same thing) in describing Hillary’s wrongdoings. He and others at the Bureau kept arguing with Baker until he finally changed his mind.


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So the big question is: What was it specifically that changed Baker’s mind? Did they finally just wear him down, or was there some particular thing?

Dan Bongino has a lot of understanding of the inner workings of government entities such as the FBI, having been a Secret Service agent. His podcast from Thursday (Episode 927, with the appropriate title of “Justice Is Dead”) addresses this question and fleshes out a scenario we’ve all suspected. First, he makes the point that Comey, being in law enforcement but not a lawyer himself like Baker, is being influenced primarily by political considerations (Hillary as a viable candidate), not legal (Hillary as a lawbreaker). He’s disregarding the opinion of the person who is most qualified to set him straight on the legal aspects of this case.

Next, he poses the question, what were the highly classified documents found on Hillary’s server that sent alarm bells through James Baker? We know from computer records that when Comey was drafting Hillary’s exoneration, he deleted references to emails she had exchanged with President Obama while she was in a foreign country. No wonder he took that out –- the implications were staggering. Her communications with Obama (super-classified stuff) were easily intercepted by a foreign actor. Can you say “appalling”? How about “alarming?”

We know Comey changed the specific reference to Obama to “a senior government official.” A later version removed even that.

We also know that by this time, Obama had already said he was not aware of Hillary’s use of a personal server until he heard it from the media.  In other words, he lied.  (Recall that Obama used to say that about a lot of things.)  Even worse, if Hillary were prosecuted, Obama would have been a witness in the case, even a co-conspirator. The President had been getting classified emails from Hillary from a non-secure, non-government email address.


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Now, here is where Bongino’s former role working inside the White House comes in handy: To Obama supporters who say he wouldn’t have necessarily known the address, that it might have just been loaded into his phone, he replies that this explanation is not possible. As Bongino tells it, Obama had a personal Blackberry. A branch of the military, the White House Communications Agency (WHCA), working in conjunction with the Secret Service Technical Security Division and other departments, determines how the President is going to communicate with his Blackberry and any other device. The President is not going to be interfacing with a non-secure device unless it's been pre-approved.

WHCA would have had to pre-approve any email address that could come in on Obama’s Blackberry. Specifically, Hillary’s email address would have had to be approved, or “whitelisted.” The idea that this could have happened without Obama knowing about it defies logic. According to Bongino, no one on the staff would have “whitelisted” a private email address without first getting approval from Obama.

So, here’s what it looks like: Hillary was guilty, guilty, guilty of putting highly classified material at risk by setting up a private server while she was Secretary Of State. In doing so, she violated the Espionage Act.  She did this deliberately, likely to hide documents from Freedom Of Information Act requests, and knew what she had done. The top FBI officials knew it. The top lawyer for the FBI knew it. Hillary’s aides knew it (and also lied about knowing it). Obama knew it. He lied about knowing about it.  And he himself was implicated in the crime.

The magnitude of this was enormous, especially in the summer of 2016, when Obama was still in office and Hillary was running for President. If I had to guess, I’d say this is why Baker changed his mind from “She should be prosecuted,” to “Okay, let’s drop it.”

https://bongino.com/ep-921-justice-is-dead/

 

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John Solomon's list: let the declassification begin!

Comments 1-25 of 115

  • Linda Olds

    04/29/2019 10:28 AM

    Hillary thought that she could do anything with impunity just because she was doing it with Obama as president.
    They thought that no one would ever try to bring the 1st black president to justice, and everyone on his side felt safe. That's why liberals who were questioned during hearings smirked instead of answering.
    The msm supports the liberals, and Hollywood airheads among others believe the media and think that the Obama administration had no scandals and that Hillary was honest and trustworthy!

  • Carol Harrington

    03/02/2019 09:51 AM

    I have believed from the beginning of the investigation that it would NEVER result in any charges against Clinton because to do so you would have to charge the POTUS with the same crime.
    Furthermore I think that this was the reason the Clinton campaign along with the Obama administration and the FBI first spied on the Trump campaign and then later started to put together their Russian conspiracy theory against President Trump.
    I also think in their arrogance they never thought he would win and really did a lousy job of trying to frame the Trump campaign of stealing the election. They sort of half put it together thinking they would never have to use this “insurance policy “ they were creating. Once they knew they had to use it they were very ill prepared to and hence why it has unraveled to the point it has. Just praying it will continue to unravel to the point where our President is vilified and our past President and Clinton are shown for the corrupt people they are. (Although it saddens me I really do not believe either will ever be formally charged with any crimes).

  • John jackson

    03/01/2019 07:30 PM

    How come this never goes beyond just talk? How come it doesn’t ever go any further? Talk talk talk no action. Very discouraging.

  • ARTHUR J. JACOBS SR.

    03/01/2019 09:47 AM

    BAKER SHOULD HAVE INSISTED AND REVEALED THESE ATTEMPTS TO COVERUP FROM THE BEGINING ! BAKER WAS WEAK !
    BAKER ALLOWED HIMSELF TO BE A PART OF ALL CONSPIRACIES !
    THERE WERE PROBABLY MANY OPTIONS TO STOP THIS DEAD IN ITS TRACKS AND PREVENT A WIDER CONSPIRACY TO OBSCURE FROM THE PUBLIC AND NOW SET A PRECEDENT FOR ALL TO JOIN IN ON THE COVERUP AND USING LAW ENFORCEMENT AS A TOOL TO CONTROL , DANGEROUSLY THE GOVERNMENT TO ACT IN CRIMINAL WAYS ! IT MAY EVEN INVOLVE MURDER OF THOSE WHOM HAVE ATTEMPTED TO STOP OR EXPOSE CRIMINAL ACTIONS OF TOP ACTORS !
    YES , BAKER , HE SHOULD HAVE GONE PUBLIC AND BLOWN THE WHISTLE , STRIKE WHILE IRON WAS HOT ! TO HOLD BACK WAS EVEN CRIMINAL !

  • ARTHUR J. JACOBS SR.

    03/01/2019 09:18 AM

    I BELIEVE THIS TOTALLY !
    THEY ARE ALL GUILTY AND MADE IT SO THAT AS MANY AS THEY COULD GET COMMITTED TO BEING PRIVY TO ALL ILLEGAL ACTIONS THAT THEY WOULD BE UNABLE TO BACK OUT OF THEIR GROUP CONSPIRACIES WITHOUT SEVERE CONSEQUENCES BY HILLARY , BILL AND OBAMA AND THEIR HENCHMEN , VERY SCARY INDEED AND THIS BAKER SCARED AND INCLUDING MUELLER TO BE THE TOP HITMAN TO PRESS TO SECURE
    COVERUPS OF ALL CRIMINAL ACTIVITY FOR OBAMA , HILLARY ,BILL AND OTHERS SO SHOCKING AND COMMITTED TO CARRY PUT CLANDESTINE ACTIVITIES WITHIN OUR GOVERNMENT LEADS THE COMMON PERSON TO UNDERSTAND THE NORMAL DYNAMICS OF ALL INSTITUTIONS , AGENCIES , ORGANIZATIONS , THE WAY THINGS WOULD GO DOWN !
    WE NEED TO CALL FOR THE IMMEDIATE REMOVAL OF MUELLER AND DISMANTLE AND REBUILD THIS LAW ENFORCEMENT AGENCY TOP TO BOTTOM , AS IT IS WAY OUT OF CONTROL ! THE COMMON PERSON CAN READ THRU THIS LIKE BUTTER ! THAT SMALLTOWN OPERATES LIKES THIS SUCCESSFULLY ! CRIME IS RAMPANT !
    IT MUST STOP !
    IT IS UNDERMINING OUR REPUBLIC ! AND IT IS ATTEMPTING TO UNSEAT A SITTING PRESIDENT WHO WAS DIRECTLY ELECTED BY THE PEOPLE ! ALSO BEWARE THE PARTIES !

  • Alfed lagstrom

    03/01/2019 07:48 AM

    Just thanks for fighting for all Americans and justice. This article opened my eyes to how bad everyone's actions around this were

  • Jeff Bigwood

    03/01/2019 07:38 AM

    Since we all have seen the illegal actions of Hillary, why can't we get a congressional appointed special counsel to go after her?

  • Wendy Riley

    03/01/2019 07:27 AM

    Governor Huckabee,

    There is so much information and evidence to convict Hilary Clinton. It truly concerns me that she is getting away with the crimes she has committed...including Benghazi. I am hoping these crimes are still punishable. It just seems to me, a simple 2nd grade teacher, that nothing ever happens to the obviously guilty politicians, but boy do hard working conservative ones get bullied!!

    Thank you for all you do!!

    Wendy Riley

  • Sarah Smith

    03/01/2019 02:09 AM

    Gov. Huckabee,
    It is all tied up with a nice neat little bow. How well put. It was a total cya for all involved. Anybody with half a brain knows she didn’t do it alone and no one knew or approved of what she did. The whole administration was doing things illegally and needed a way to do the total cya if needed. Comey worked with Clinton in Arkansas so he knew the ropes. Comey’s Brother Firm is the Clinton Foundation Lawyer. A very cozy situation if you ask me.

  • Skipper Shakro

    03/01/2019 01:41 AM

    Always read them.
    Thank you. God Bless us All, USA USA USA

  • Sally Rewinkel

    02/28/2019 10:59 PM

    Thank you for putting truth out there. Hillary should not be a free person. Nor should many others. Politics has become a joke if we have to trust the Democrats. I pray the truth will be what keeps us free.

  • Lou Kelley

    02/28/2019 10:54 PM

    Love your commentaries. Keep up the good work. Just please watch your back!!

  • Lou Kelley

    02/28/2019 10:53 PM

    Love your commentaries. Keep up the good work. Just please watch your back!!

  • barbara long

    02/28/2019 09:44 PM

    This is the reason why Hillary and Obama and all of the DNC and all the mainstream media who had their backs totally freaked out when Donald Trump became POTUS. Why? Because with Hillary as president no one would have ever known about this or all the other crimes committed in the past 8 years but with Donald J Trump as president the real and I mean very real fear is that he will find out and he will actually do something about it. That is why they have been working since Election Day 2016 to destroy our president by any and every means possible. They cannot allow the American people to learn the truth. I will say this though, if they are not brought to Justice then do not think for a minute that they will sit back and be thankful for it once POTUS is out of office. No. Instead they will remain free to pick up where they left off. They have to be stopped now.

  • Debbie Huff

    02/28/2019 09:12 PM

    So this basically says that Obama and Clinton committed treason by placing our national security at risk for the entire time Clinton was Secretary of State and using the private email server. And nobody has the guts to pursue trying them for placing our nation in such a dangerous position? Something we all knew and still know, but we don't know what to do about it. Is there no one in government who can right this wrong against us?

  • Tammy Galliher

    02/28/2019 09:06 PM

    The very fact that she was running for President is why HRC should have been prosecuted. The repetitive lack of action against elected officials for criminal activity is leading to the collective thinking that there are really no consequences for bad behavior. This thought process is trickling down through our courts, schools and citizens.

  • Kim Desideri

    02/28/2019 07:27 PM

    Wowsa...

  • Chadwick S

    02/28/2019 07:20 PM

    Yes. It's all about money. And Trump can't be bought...which is why the Dems hate him.

  • Kenneth White

    02/28/2019 06:23 PM

    You are absolutely right, Mike! When will justice be done? If not now, during Trump's presidency, when? We the People are sick of Washington's politics and want action! I pray for truth and justice for our nation. I pray God is still with us!

  • Carolyn Hensel

    02/28/2019 05:28 PM

    Then why arenytbey all being prosecuted for these lies? All these televised public displays against Trump and we have proof of espionage and no one has even been charged? Who is in charge? Them or the legal law of the Land?

  • Emmitt Luttrell

    02/28/2019 10:57 AM

    Money changes everything. Why did Pelosi and Schiff meet with the Mexican President after he got 100 million from El Chapo. There is pictures on the internet showing Pelosi and Schiff with the President.

  • KAREN RUSSELL

    02/26/2019 12:35 AM

    I've been reading the comments and the question everyone is asking is why isn't the Deep State being held accountable for their crimes. The answer is because we are a nation of lazy, stupid, shallow, cowardly sheeples and no one is able to take this cartel down alone. It would take a well coordinated, intelligent, brave and determined mass of warriors to get this country back. We are too far gone. The entire system of government, courts, media and education is out of control - fundamentally flawed. I won't put a MAGA sticker on my car because I know I would be attacked or my car destroyed because I live in a very liberal area. Can you imagine the risks the folks in Washington would be taking to life and limb, family and career by demanding justice? This is not the America we grew up in. People have to watch what they say and do. If they say or do the wrong thing they could lose their job, friends, family, home and even be physically attacked or ruined by the media. I wish things were different but it's time to call it like it is. We will go along as best we can until one day we find ourselves living in the world of George Orwell's "1984". We're half way there. Most people won't even know what hit 'em.

  • Steve Scott

    02/25/2019 01:48 PM

    It's amazing to me that all of the folks who promote the 'New Green Deal' by AOC don't think of the consequences of our country not having any diesel fuel to runs trains, trucks, etc. or any jet fuel for our planes. If we did not have these fuels, how long do you think it would be before we all were speaking Russian or Chinese? What would stop them from visiting our shores?

  • Richard Payne

    02/25/2019 08:13 AM

    So since we know this now cant anything be done about it? Thats the problem, why cant anything be done about it.

  • Joe Jaeger

    02/24/2019 02:20 PM

    Lies lies and more lies. Will we ever get to the bottom of this deep state all those who areapart of it. Hillary Clinton should be held accountable for all the damage she may have caused. What a traitor to the nation she swore to protect.