Count former New York City Mayor Rudy Giuliani among those “shocked” that FBI Director James Comey did not recommend charges be brought against Hillary Clinton.
Giuliani, appeared on CNBC and noted that Comey once worked for him.
“I am shocked at his conclusion for two reasons,” he said. “First of all, he actually clearly concluded that she violated 18 United States Code Section 793, when he said that she was extremely negligent.”
“That statute does not require intent; it just requires gross negligence, and gross negligence is defined by judges in their charge as extremely negligent,” Giuliani explained.
“I don’t know how he could possibly avoid section 793 subsection F, which says impertinent in part, whoever being trusted with or having lawful possession or control of any document related to national defense through gross negligence permits the same to be removed from its proper place of custody shall be fined under this title or imprisoned more than 10 years or both.”
Giuliani said Clinton “clearly did that,” adding that the circumstances of extreme negligence “over and over and over again” proves intent, as does “her destruction of 34,000 emails.”
He said Comey’s decision not to charge is an “extremely hard conclusion to justify.”
And if Giuliani was making the decision, Clinton would be in a world of hurt.
“If I were a U.S. attorney (this case) would be indicted… A lot of reasonable prosecutors would bring this case,” he said. “In fact, I think it would be unreasonable not to bring this case.”
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