A previous Department of Justice attorney stated Tuesday Hillary Clinton’s actions concerning her use of private email can result in criminal prosecution, no matter the FBI’s decision to not suggest charges.
Jacob Frenkel informed CNBC he disagrees with FBI director James Comey concerning an essential piece of the puzzle: intent.
” What I found a little bit more troubling is the continued and repeated recommendation to intent,” Frenkel stated. “They discovered no proof of intent. There was one other point that he made during journalism conference that I discovered a little bit troubling, which was they might not find other such case traditionally.
” As to the issue of intent, he did describe what I would call a substantial pattern, a significant practice, that there is a replacement in the law for criminal intent.”
Frenkel argued that Clinton’s pattern of mishandling categorized details Comey stated the FBI found 110 e-mails that contained classified information reveals a level of intent to disobey the law.
” In ordinary terms, it’s the ostrich head in the sand. In legal terms, it’s called purposeful ignorance, or willful loss of sight or conscious avoidance,” Frenkel stated. “That is a point that he did not address and it definitely sounds like the kind of situation that a sensible prosecutor in other situations involving somebody who is not the secretary of state might well have thought about finding that there is a legal replacement for criminal intent.
” As to not find such a case traditionally, that to me, flies somewhat in the face of a lot of other aggressive prosecution theories that the Department of Justice constantly does not hesitate to connect and bring.”
Chief law officer Loretta Lynch stated over the weekend she would likely follow the FBI’s suggestions in the case of Clinton’s emails.