Posts Tagged With: prosecution

Hillary’s team prepares for the worst as she finds herself in a perfect storm of legal misery….


Hillary-Clinton-worried-220x150

The bad legal news for Hillary Clinton continued to cascade upon her presidential hopes during the past week in what has amounted to a perfect storm of legal misery. Here is what happened.

Last week, Mrs. Clinton’s five closest advisers when she was Secretary of State, four of whom remain close to her and have significant positions in her presidential campaign, were interrogated by the FBI. These interrogations were voluntary, not under oath, and done in the presence of the same legal team which represented all five aides.

The atmosphere was confrontational, as the purpose of the interrogations is to enable federal prosecutors and investigators to determine whether these five are targets or witnesses. Stated differently, the feds need to decide if they should charge any of these folks as part of a plan to commit espionage, or if they will be witnesses on behalf of the government should there be such a prosecution; or witnesses for Mrs. Clinton.

In the same week, a federal judge ordered the same five persons to give videotaped testimony in a civil lawsuit against the State Department which once employed them in order to determine if there was a “conspiracy” — that’s the word used by the judge — in Mrs. Clinton’s office to evade federal transparency laws. Stated differently, the purpose of these interrogations is to seek evidence of an agreement to avoid the Freedom of Information Act requirements of storage and transparency of records, and whether such an agreement, if it existed, was also an agreement to commit espionage — the removal of state secrets from a secure place to a non-secure place.

Also earlier this week, the State Department revealed that it cannot find the emails of Bryan Pagliano for the four years that he was employed there. Who is Bryan Pagliano? He is the former information technology expert, employed by the State Department to problem shoot Mrs. Clinton’s entail issues.

Pagliano was also personally employed by Mrs. Clinton. She paid him $5,000 to migrate her regular State Department email account and her secret State Department email account from their secure State Department servers to her personal, secret, non-secure server in her home in Chappaqua, New York. That was undoubtedly a criminal act. Pagliano either received a promise of non-prosecution or an actual order of immunity from a federal judge. He is now the government’s chief witness against Mrs. Clinton.

It is almost inconceivable that all of his emails have been lost. Surely this will intrigue the FBI, which has reportedly been able to retrieve the emails Mrs. Clinton attempted to wipe from her server.

While all of this has been going on, intelligence community sources have reported about a below the radar screen, yet largely known debate in the Kremlin between the Russian Foreign Ministry and the Russian Intelligence Services. They are trying to come to a meeting of the minds to determine whether the Russian government should release some 20,000 of Mrs. Clinton’s emails that it obtained either by hacking her directly or by hacking into the email of her confidante, Sid Blumenthal.

As if all this wasn’t enough bad news for Mrs. Clinton in one week, the FBI learned last week from the convicted international hacker, who calls himself Guccifer, that he knows how the Russians came to possess Mrs. Clinton’s emails; and it is because she stored, received and sent them from her personal, secret, non-secure server.

Mrs. Clinton has not been confronted publicly and asked for an explanation of her thoughts about the confluence of these events, but she has been asked if the FBI has reached out to her. It may seem counter-intuitive, but in white collar criminal cases, the FBI gives the targets of its investigations an opportunity to come in and explain why the target should not be indicted.

This is treacherous ground for any target, even a smart lawyer like Mrs. Clinton. She does not know what the feds know about her. She faces a damned-if-she-does and damned-if-she-doesn’t choice here.

Any lie and any materially misleading statement — and she is prone to both — made to the FBI can form the basis for an independent criminal charge against her. This is the environment that trapped Martha Stewart. Hence the standard practice among experienced counsel is to decline interviews by the folks investigating their clients.

But Mrs. Clinton is no ordinary client. She is running for president. She lies frequently. We know this because, when asked if the FBI has reached out to her for an interview, she told reporters that neither she nor her campaign had heard from the FBI; but she couldn’t wait to talk to the agents.

That is a mouthful, and the FBI knows it. First, the FBI does not come calling upon her campaign or even upon her. The Department of Justice prosecutors will call upon her lawyers — and that has already been done, and Mrs. Clinton knows it. So her statements about the FBI not calling her or the campaign were profoundly misleading, and the FBI knows that.

Mrs. Clinton’s folks are preparing for the worst. They have leaked nonsense from “U.S. officials” that the feds have found no intent to commit espionage on the part of Mrs. Clinton. Too bad these officials — political appointees, no doubt — skipped or failed Criminal Law 101. The government need not prove intent for either espionage or for lying to federal agents.

And it prosecutes both crimes very vigorously.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.

 

Categories: Government Secrets, Obama, Strange News, Uncategorized | Tags: , , , , , , , , , | Leave a comment

PROSECUTION WITNESSES BACK ZIMMERMAN…..


Dispatcher debunks claim watchman disobeyed orders….

SANFORD, Fla. – In the opening two days of the Florida murder trial for neighborhood watchman George Zimmerman, defense attorneys have gotten more good responses from two of the state’s key witnesses than the prosecutors.

Zimmerman is on trial for murder in the second degree in the Sanford, Fla., shooting of Trayvon Martin in February 2012.
Sean Noffke, whose reasoned advice on George Zimmerman’s call to police has made him America’s most famous police dispatcher, testified that Zimmerman didn’t actually disobey an order as reports have portrayed.

Assistant State Attorney John Guy walked Noffke through the mechanics of taking and responding to a call. In the questions that followed Guy’s goal was to imply that Zimmerman exceeded the role of a neighborhood watch coordinator and that he did so with something like vengeance, given that the “f***ing punks” were always getting away.

Guy also hoped to plant the seed that after Zimmerman finished the call with the dispatcher, he set out to hunt Martin down. The suggestion was that by first agreeing to meet the police at the community mailboxes, then at his truck, and then just through phone contact, Zimmerman would have the freedom to roam.

But Guy may have tripped himself up when he asked Noffke why he didn’t order Zimmerman not to follow Martin. As Noffke said, for liability reasons, the dispatcher could not give commands, only suggestions. This essentially put a lie to the myth Zimmerman “disobeyed” the dispatcher.

At the beginning of jury selection two weeks ago, the AP had written, “Zimmerman called 911, got out of his vehicle and followed Martin behind the townhomes despite being told not to by a police dispatcher.”

As Noffke’s testimony made clear, Zimmerman called the non-emergency number, not 911, exited the truck and started following Martin before the dispatcher suggested that he not follow Martin. In addition, the dispatcher is not a police officer.

Defense attorney Mark O’Mara has been consistently strong in cross-examination. O’Mara asked Noffke whether his two questions to Zimmerman about the path Martin was taking might have inspired him to leave his truck and maintain visual contact.

Noffke answered, “I understand how someone could have misinterpreted the intent of that.”

Through O’Mara’s questioning, Noffke also undermined the state’s implication that Zimmerman was enraged and keen on vengeance.

If anything, state witness Wendy Dorival, an African-American who served as volunteer program coordinator for the Sanford police department when Zimmerman’s community was organizing its neighborhood watch, proved even more helpful to Zimmerman’s cause.

On cross-examination by defense attorney Don West, Dorival spoke repeatedly of the many burglaries in the community.

She told specifically of how she had met with a female neighbor of Zimmerman’s who had endured a home invasion and was “still shaken up by it.”

On the subject of gun ownership or concealed carry, Dorival remained fully agnostic. It was not a subject that she ever brought up at neighborhood watch meetings.

But Dorival spoke highly of Zimmerman throughout and repeated the point frequently that she and her colleagues “always encourage [neighborhood watch people] to call.”

“You err on the side of making the call?” asked West. “Yes,” said Dorival.

“When something about them doesn’t seem quite right?” asked West again. “Yes,” said Dorival. The neighborhood watch coordinator is the “eyes and ears” of the community.

Categories: Politics, Uncategorized | Tags: , , , , , , , , , | Leave a comment

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