FBI Court Filing Shows That Democratic Race Might Not Be Settled

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While the Democratic establishment and even some Sanders supporters  (as Clinton supporters are anxious to report) are saying it is time for him to give up, Sanders has at least two reasons to continue the campaign. The most obvious is to continue to protest how the system has led to someone as unsuited for the presidency as Clinton now being the presumptive nominee. The second is that, despite considerable speculation, nobody really knows what is happening with the FBI investigation and whether Clinton or her top aides will be indicted.

A report from The Hill shows both how little has been released to the public and that this is not something which should be ignored:

The FBI is treating everything on the private server used to run former Secretary of State Hillary Clinton’s personal email account as evidence or possible evidence as part of the federal investigation connected to the machine, the bureau said in a court filing this week.

“[A]ll of the materials retrieved from any electronic equipment obtained from former Secretary Clinton for the investigation are evidence, potential evidence, or information that has not yet been assessed for evidentiary value,” the FBI said in the filing.

Release of any of that additional information “could reasonably be expected to interfere with the pending investigation,” it added.

The FBI refused to publicly confirm other details of its investigation, and in the Monday evening filing declined to outline what, if any, laws it believes may have been broken to prompt its investigation. It also would not say who the target of the investigation is or confirm reports that multiple senior Clinton aides had been interviewed as part of the probe.

Still, the claim that all material is being treated as current or potential evidence could bode poorly for Clinton, who this week clinched the role of presumptive Democratic presidential nominee.

Regardless of whether Clinton is indicted for mishandling classified information, the recent State Department Inspector General report verifies that she did violate the rules in effect for handling email and that her statements over the past year have been false. At very least her actions violated rules to promote government transparency, and were a sign of both dishonest and foolish behavior.

While not as devastating as an indictment, the facts of the email scandal could be damaging in a general election campaign. This might not matter against a candidate as weak as Donald Trump, but it is not even certain that the presumptive Republican nominee will actually get the nomination. With Republicans fearful about what Trump might say next, there is increased talk this week from some Republicans and conservative pundits of changing the convention rules so that delegates are not bound to Trump on the first ballot, leaving the possibility of choosing a different nominee.

At present we have what could be the two worst options in history presented as the presumptive nominees. With choices this bad, it would be great if something happens in each party to disrupt the idea that the media’s presumptive nominees are the inevitable nominees.

Mark Your Calendar–State Expects To Have Clinton Email Available In 75 Years

Clinton Email

Hillary Clinton was declared to be the presumptive nominee of the Democratic Party by the news media yesterday, on a day when there was no voting taking place. The Democratic establishment probably will get their candidate, but in the process risks losing a generation of voters and alienating independents.

Glenn Greenwald had this to say:

That the Democratic Party nominating process is declared to be over in such an uninspiring, secretive, and elite-driven manner is perfectly symbolic of what the party, and its likely nominee, actually is. The one positive aspect, though significant, is symbolic, while the actual substance — rallying behind a Wall Street-funded, status quo-perpetuating, multimillionaire militarist — is grim in the extreme. The Democratic Party got exactly the ending it deserved.

This is an unprecedented, historical moment as Hillary Clinton becomes the first major party nominee who is under FBI investigation and embroiled in major scandals. There was a time when political parties might have cared about this.

Multiple Freedom of Information Act requests have been requested for Clinton’s email from when she was Secretary of State. There was hope that we might learn more about the person likely to become the next president before election day. Don’t hold your breath. The Hill reports:

The State Department said it would take 75 years for the release of emails from top aides to Hillary Clinton from during her time as secretary of State.

Lawyers said it would take that long to compile the 450,000 pages of records from former Clinton aides Cheryl Mills, Jacob Sullivan and Patrick Kennedy, according to a court filing from last week, which was first reported by CNN.

“Given the Department’s current [Freedom of Information Act] workload and the complexity of these documents, it can process about 500 pages a month, meaning it would take approximately 16-and-2/3 years to complete the review of the Mills documents, 33-and-1/3 years to finish the review of the Sullivan documents, and 25 years to wrap up the review of the Kennedy documents — or 75 years in total,” the State Department said in the filing…

“The volume of FOIA requests received by the Department has tripled since 2008. In fiscal year 2015 alone we received approximately 22,000 FOIA requests,” Trudeau said. “The requests are also frequently more complex and seek larger volumes of documents, requiring significantly more time, resources, and interagency coordination. While we have increased staffing for our FOIA office, our available resources are still nonetheless constrained.”

Perhaps the volume wouldn’t have been so high if Clinton had complied with laws in effect when she was Secretary of State to promote government transparency in the administration Barack Obama promised would be the most transparent ever.

This includes requests from both the right and the left. David Sirota requested Clinton’s State Department correspondence regarding the Trans-Pacific Partnership in July 2015. He initially was told he would receive the documents in April 2016. He has now been told this is being delayed until November 31, 2016. That is not only after the election, but on a day which does not exist. (Thirty days hath September, April, June, and November…).

Considering Hillary Clinton’s long standing opposition to transparency and open-government, I expect that if she is elected there will be a lot of information held for November 31 in future years.

Sanders Criticizes Conflict of Interest With Clinton Foundation & Clinton’s Interventionist Foreign Policy Views

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Bernie Sanders has tried to stick to the issues when campaigning, despite a dishonest Rovian-style campaign from Clinton. While there should be no place in a campaign for the types of lies used by Hillary Clinton and Donald Trump, discussing an opponents actual record is fair game if done honestly. Sanders decided against making use of the email and other scandals surrounding Hillary Clinton. Of course he also said that the investigations were being conducted and, while he did not use the scandals against Clinton in the campaign, he never exonerated Clinton for her actions (even if Clinton supporters cherry-pick quotes to give that impression). Sanders is finally changing course.

The Hill reports on Sanders making references to the Foundation scandals when interviewed on CNN.  While he has mentioned other conflicts of interest involving Clinton and her paid speeches, I am not aware of him discussing this until now.

Sanders hits Clinton Foundation over foreign donations

Democratic presidential hopeful Bernie Sanders criticized the Clinton Foundation for accepting donations from foreign governments in an interview aired Sunday, calling it a conflict of interest.

“Do I have a problem when a sitting secretary of State and a foundation run by her husband collects many, many dollars from foreign governments — governments which are dictatorships?

“Yeah, I do have a problem with that. Yeah, I do,” Sanders said on CNN’s “State of the Union.”

When host Jake Tapper asked if he thought it was a conflict of interest, Sanders said, “I do.”

CNN reports that Sanders also took his criticism of Clinton’s militaristic foreign policy views further than his previous criticism on her Iraq vote:
Bernie Sanders unleashed a sharp attack on Hillary Clinton over foreign policy on Sunday, casting her as too eager to use U.S. military force and saying her family charity’s acceptance of foreign countries’ contributions could be a conflict of interest.

The Vermont senator told CNN’s Jake Tapper the former secretary of state is too quick to “rush in” and remove dictators and he criticized Clinton’s approaches to Iraq, Libya and Syria.

“I worry about that, yeah, I do. I think her support for the war in Iraq was not just an aberration,” Sanders said of Clinton’s vote to authorize the Iraq War, in the interview that aired on “State of the Union.”

“I think that her willingness to kind of push President (Barack) Obama to overthrow (Libyan leader Moammar) Gaddafi and lead to the kind of instability that we’re seeing now in Libya — not inconsistent with her other views on Syria, where she wants a no-fly zone, which I think can suck us into never-ending conflict in that area,” he said.

I wonder whether he would have done better if he had criticized Clinton on these topics from the beginning of the race. Unless he can change the votes of those in the Democratic establishment who created a system which tilted the nomination towards Clinton from the start, Sanders cannot win enough delegates to win the nomination. Despite this, Sanders supporters remain firmly behind him, and nobody knows what he will do next. It should be tempting to remain in the race, both to push his views and to remain an alternative if Clinton’s scandals do force her from the race before the convention. While it is unlikely she will be forced out, it is still a possibility as she does remain under investigation by the FBI, in addition to having a very negative report on the email scandal from the State Department Inspector General.

Sanders might also feel more free to continue to criticize Clinton with Donald Trump looking less likely to win. Sanders repeated his criticism of Trump earlier today in California:

One day before the California primary, Sen. Bernie Sanders (I-VT) called it “absolutely imperative” that voters turn out to defeat Republican presumptive nominee Donald Trump on Tuesday and cast himself as the candidate best positioned to beat Trump.

“It is absolutely imperative that we defeat Donald Trump as a candidate for President of the United States. I believe I’m the stronger candidate,” Sanders told reporters in San Francisco, highlighting polls that shows him performing better than Democratic frontrunner Hillary Clinton against Trump.

“If the turnout is high tomorrow, we will win. If the turnout is very high, I think we will win by big numbers,” Sanders said.

He also called it “incomprehensible” that the presumptive nominee from a major political party is launching racially-charged attacks targeting a federal judge.

“[Trump] is essentially running his campaign on bigotry, on insulting Mexicans and Latinos, on insulting Muslims, on insulting African-Americans, on insulting women,” Sanders said. “It is clear to me that we have got to do everything that we can as a nation to make certain that Donald Trump does not become President of the United States.”

While Clinton has been doing poorly in the polls against Trump, she continues to have the Democratic advantage in the electoral college, and Trump is showing he has a lot to learn. He has very little campaign organization and continues to create controversy with racist and xenophobic remarks. He ignores facts and treats the campaign like a reality show, where “reality” can be altered to make the show more dramatic. If Clinton cannot move out to a large lead over Trump by the time of the convention, this would be another reason to question whether she should be the Democratic nominee.

Former Adviser to Bill Clinton Suggests Hillary Might Not Be Democratic Nominee

Never Hillary

Many people hope that Hillary Clinton will be prevented from receiving the Democratic nomination, but I would have taken this prediction much less seriously if it wasn’t from a former adviser to Bill Clinton. Douglas Schoen writes, Clinton Might Not Be the Nominee.

A Sanders win in California would powerfully underscore Mrs. Clinton’s weakness as a candidate in the general election. Democratic superdelegates—chosen by the party establishment and overwhelmingly backing Mrs. Clinton, 543-44—would seriously question whether they should continue to stand behind her candidacy…

Another problem: In recent weeks the perception that Mrs. Clinton would be the strongest candidate against Donald Trump has evaporated. The Real Clear Politics polling average has Mrs. Clinton in a statistical tie with Mr. Trump, and recent surveys from ABC News/Washington Post and Fox News show her two and three points behind him, respectively.

Then there is that other crack in the argument for Mrs. Clinton’s inevitability: Bernie Sanders consistently runs stronger than she does against Mr. Trump nationally, beating him by about 10 points in a number of recent surveys…

Mrs. Clinton also faces growing legal problems. The State Department inspector general’s recent report on Mrs. Clinton’s use of a private email server while she was secretary of state made it abundantly clear that she broke rules and has been far from forthright in her public statements. The damning findings buttressed concerns within the party that Mrs. Clinton and her aides may not get through the government’s investigation without a finding of culpability somewhere.

With Mrs. Clinton reportedly soon to be interviewed by the FBI, suggesting that the investigation is winding up, a definitive ruling by the attorney general could be issued before the July 25 Democratic convention in Philadelphia. Given the inspector general’s report, a clean bill of health from the Justice Department is unlikely.

Finally, with Mrs. Clinton’s negative rating nearly as high as Donald Trump’s, and with voters not trusting her by a ratio of 4 to 1, Democrats face an unnerving possibility. Only a month or two ago, they were relishing the prospect of a chaotic Republican convention, with a floor fight and antiestablishment rebellion in the air. Now the messy, disastrous convention could be their own.

There are increasing rumblings within the party about how a new candidate could emerge at the convention. John Kerry, the 2004 nominee, is one possibility. But the most likely scenario is that Vice President Joe Biden—who has said that he regrets “every day” his decision not to run—enters the race.

Mr. Biden would be cast as the white knight rescuing the party, and the nation, from a possible Trump presidency. To win over Sanders supporters, he would likely choose as his running mate someone like Sen. Elizabeth Warren who is respected by the party’s left wing.

It is unprecidented to have a party embrace a candidate such as Hillary Clinton who is involved in such major scandals. It is as if the Republicans had nominated Richard Nixon after the Watergate scandal broke.

So far Democrats do not seem all that concerned about nominating Clinton. If there weren’t enough reasons for the party to keep Clinton from being the nominee, the State Department’s Inspector General report should have put an end to her campaign.

Yesterday I noted a poll showing that seventy-one percent of Democras think Clinton should remain in the race even if indicted. While exact numbers from Rasmussen have to  be taken with a grain of salt, I have found that many Democrats do continue to defend Clinton and have no doubt they would continue to do so if indicted, or even if she was videotaped kicking puppies and babies.

While the chances are low, the possibility of stopping Hillary is far greater than in 2008, when Clinton speculated that Obama might not receive the nomination due to assasination. Sanders should continue to fight for every possible delegate to maximizes the chances that if Clinton is stopped he can win the nomination. In making the argument to both voters and superdelegates as to why he should be the nominee instead of Clinton, he should also stop limiting his campaign by refraining from talknig about the scandals.

Chris Cillizza refers to Sanders’ decision to not talk about Clinton’s email as the biggest mistake of his campaign:

That’s not to say that if Sanders had aggressively raised questions about Clinton’s email practices, he would have beaten her for the nomination; he still might not have. But rather than trying to seize on a primary in Pennsylvania or New York — both of which he lost — as the game-changing moment in the race, Sanders might actually have been able to prosecute a longer-term case against Clinton in a spot where she was (and is) clearly vulnerable.

Large majorities of the public — including the oft-touted independent voter — believe that the words “honest” and “trustworthy” don’t describe Clinton. The email story — even with Sanders virtually ignoring it — has helped erode those numbers over the past 14 months. The email controversy plays directly into many of the things that people — including Democrats! — don’t like or are wary of when it comes to the Clintons. The sense that the rules don’t apply to them. That they believe the world is out to get them. That they only keep people close who slavishly repeat back to them what they want to hear.

The Democratic Culture of Corruption–71% Of Democrats Believe Clinton Should Keep Running Even If Indicted

Clinton Prison number

It has been clear for a while that a majority of Democrats will back Hillary Clinton no matter what she does. If they can accept a militaristic neocon who is far right on civil liberties and spent her time in the Senate working with the religious right, they would probably continue to support her if she was filmed bar-b-quing puppies. While we don’t have hard data to confirm this, we now have data to show that a majority of Democrats think she should continue to run even if indicted. While the source is sometimes questionable, I doubt that the house bias for Republicans affects much in this Rasmussen poll:

Most continue to believe likely Democratic nominee Hillary Clinton is a lawbreaker, but half of all voters also say a felony indictment shouldn’t stop her campaign for the presidency.

The latest Rasmussen Reports national telephone and online survey finds that 43% of Likely U.S. Voters think Clinton should immediately stop campaigning if she is charged with a felony in connection with her use of a private e-mail server while secretary of State. Fifty percent (50%), however, think she should continue running until a court determines her guilt or innocence. (To see survey question wording, click here.)

Voters were evenly divided on this question in January, but at that time we didn’t include the name of any candidate.

Among Democratic voters, 71% believe Clinton should keep running, a view shared by only 30% of Republicans and 46% of voters not affiliated with either major party.

Forty percent (40%) of all voters say they are less likely to vote for Clinton because of the e-mail issue, while nearly half (48%) say it will have no impact on their vote. Just eight percent (8%) say the issue makes them more likely to vote for the former first lady.

Sixty-five percent (65%) consider it likely that Clinton broke the law by sending and receiving e-mails containing classified information through a private e-mail server while serving as secretary of State. This includes 47% who say it’s Very Likely. These findings are unchanged from January. Thirty percent (30%) still say Clinton is unlikely to have broken the law with the e-mail arrangement, with 16% who say it’s Not At All Likely.

To repeat, seventy-one percent of Democrats don’t even think that an indictment would be enough of a reason for Hillary Clinton to leave the race. Remember when Democrats used to complain about the Republican culture of corruption?

While there has been evidence of Clinton’s violation of the laws in effect as of 2009 for quite a while, the recent State Department Inspector General report verified this and demolished Clinton’s claims of the past year. The report showed how she knowingly violated the Federal Records Act, attempted to hide these violations, and failed to cooperate with the investigation. Clinton also used her private email to avoid compliance with the Freedom of Information Act, with several court cases regarding this in progress. The FBI continues to investigate her mishandling of classified information.

While people lower down have been prosecuted for far less than what Clinton has done with regards to classified information, many (including myself) believe that she will not be prosecuted. Rasmussen previously found that only 25 percent believe Clinton will be indicted. As a majority consider her to be guilty, this is a measure of distrust in the system as opposed to any belief that Clinton is innocent. The IG report might increase the chances of prosecution due to showing her unprecedented actions in exclusively using a private email system did represent an intentional violation of the rules.

Clinton’s actions at best represent a serious violation of rules designed to promote government transparency, as well as to maintain the historical record, showing Clinton to have been dishonest in her accounts of the scandal for the past year. At worst, Clinton might have been trying to hide evidence of  influence peddling at the State Department and might have jeopardized the secrecy of classified information. While it might not matter against an opponent as weak as Donald Trump, it is unprecedented, and possibly foolhardy, for a major party to nominate a candidate who is involved in such a major scandal. The fact that Clinton’s supporters don’t even care is a further disappointment, even if not unexpected. I imagine that they wouldn’t care if Clinton were to ride out the election, and then pardon herself if elected.

Libertarian Party Picks Ticket

Johnson Weld Libertarian Ticket

With the prospect that the two major party candidates will nominate candidates as awful as Donald Trump and Hillary Clinton, there is increased interest in third party options this year. The election of either Trump or Clinton will lead to the growth of the warfare and surveillance state, with both having a similar hostile viewpoint towards civil liberties. Many Sanders supporters are thinking of voting for Jill Stein if Sanders is denied the nomination, assuming Stein will win the nomination of the Green Party. The Libertarian Party held their convention over the past weekend, choosing former New Mexico Governor to once again be their nominee. Former Massachusets governor William Weld will be his running mate.

The Libertarian Party might siphon votes away from Trump, but overall Clinton loses more support than Trump to third parties in recent head to head polls which include third party candidates. While Sanders supporters will disagree with Johnson on several issues, there are issues where we will agree. His brand of libertarianism is generally preferable to that of Rand Paul. He is similar to Paul in defending civil liberties. While far less of a supporter of military interventionism than Clinton, he might be somewhat more for military interventionism than Paul.  Johnson primarily from differs from Paul in being a social liberal. This includes support for abortion rights.

Just as many Democrats oppose the nomination of Hillary Clinton and many Republicans oppose Donald Trump, many Libertarians are also unhappy with their ticket this year. Both Johnson, and to a greater degree Welds, are criticized by hard-core right-libertarians for differing from their positions, but some of these discrepancies from right-libertarian dogma actually make Johnson more acceptable to Sanders supporters, including left-libertarians.

For some examples of why they are disliked by some libertarians, I will cite portions of a post at Red State in which Johnson and Weld are both called fake libertarians. The author is more socially conservative than orthodox libertarian thought, but such conservative views are also held by many libertarians. It should be easy to see through some of the spin here, such as calling legalization of same-sex marriage “government sponsored-gay marriage,” and see where Johnsons and Weld hold more reasonable views.

Johnson’s fiscal policies also apparently include government-funded prizes for science and paying U.N. dues, two things he brought up during the recent debate hosted by TheBlaze and moderated by Penn Jillette.

The more objectionable view of Johnson is that social liberalism is essential to libertarianism. In fact, it is distinct, if not in opposition to the philosophy…

Johnson’s embrace of social liberalism has gotten him into trouble with the base of the party. It reveals him to be not a libertarian, but a libertine and an authoritarian, which are qualities today well-represented by the Democratic Party.

Like Democrats, Johnson is in favor of legalizing only marijuana. Libertarians are in favor of all drugs being legal. Like Democrats, he is in favor of government-sponsored gay marriage. Libertarians oppose government involvement in marriage. Like Democrats, he believes that businesses must cater (literally-he believes Jews should have to bake Nazi cakes) to anyone and everyone. Libertarians believe in freedom of association and freedom of conscience/religion. Like Democrats, he supports funding for Planned Parenthood. Libertarians oppose government subsidization of private organizations. Like Democrats, Johnson is in favor of some gun control. Libertarians oppose restrictions on gun ownership.

The more I read about Johnson, the less libertarian I realize he is. Others are coming to the same conclusion.

Recently, Johnson affirmed his true beliefs when he selected former Massachusetts Gov. William Weld as his running mate, another self-described libertarian who also erroneously believes the philosophy means “fiscally conservative and socially liberal.” In particular, Weld is proud to be pro-LGBT and pro-abortion, two hallmark positions of social liberalism.

Jesse Walker of Reason listed some anti-libertarian positions held by Weld, including support for an assault weapons ban, eminent domain, and foreign intervention, and summed up Weld as “more of a moderate “socially liberal, fiscally conservative” type, with “fiscally conservative” defined by Massachusetts standards and with “socially liberal” defined in terms a Michael Bloomberg could embrace.”

Conservative Review also notes Weld’s support of EPA regulations and affirmative action. In addition, Weld endorsed Obama in 2008, Romney in 2012, and Kasich in 2016 before linking up with Johnson.

Much of this are plusses, even if inconsistent with libertarian views, including support for marriage equality, social liberalism, funding of science and Planned Parenthood, some gun control, and EPA reglations. Similarly I can accept a candidate who supports legalization of marijuana but not all drugs, especially if he seeks to end the drug war and treat addiction as an illness rather than a crime.

Another description of his views in the recent debate from Hit & Run chastizes him for his support of the 1964 Civil Rights Act. I do have some concerns over how they describe his foreign policy views, but virtually anyone is preferable to the ultra-militaistic Clinton, who has rarely seen a war she didn’t like, or Trump, who I fear would bumble us into a war despite being less openly interventionistic compared to Clinton.

I have not gone into the areas where Johnson’s views are closer to traditional right-libertarianism. Gary Johnson is hardly the ideal candidate, and it is far more likely I will wind up voting for Jill Stein, but his views do provide an important contrast to the major party candidates. Unfortunatelyboth the Libertarian and Green Party candidates will probably receive minimal media coverage and be denied participation in the debates.

Democrats Need To Wake Up As To How Terrible A Candidate Clinton Is Before It Is Too Late

Clinton Toddler Answers

Hillary Clinton should have it made. Democratic Party rules designed to prevent a fair fight for the nomination, along with active help from the party establishment, have put her in a strong position to win her party’s nomination. If nominated, she gets to run against a candidate as weak as Donald Trump. However, recent polls show that her support has eroded. She is essentially tied with Trump in the polls, and would probably be losing if up against any other candidate. As The New York Times reports, Hillary Clinton Struggles to Find Footing in Unusual Race.

One problem is that her attempts to campaign against Trump are not working. Her nickname, Dangerous Donald, has not helped her campaign, while Trump’s nickname for Clinton, Crooked Hillary, has been reinforced by the news. As Chris Cillizza put it, Clinton just had the worst week in Washington. The State Department Inspector General report came out and was terrible for Clinton. The report not only confirmed the accusations against Clinton and debunked her defenses, it also showed that Clinton actively acted to hide her violations of the law. Dan Metcalfe, former Director of the Justice Department’s Office of Information and Privacy, wrote that Clinton likely committed the “biggest violation of Federal Records Act in History.”

As The New York Times pointed out, Emails Add to Hillary Clinton’s Central Problem: Voters Just Don’t Trust Her.

Mrs. Clinton has gone from having a 69 percent approval rating and being one of the most popular public figures in the country when she left the State Department in 2013 to having one of the highest disapproval ratings of any likely presidential nominee of a major party.

Roughly 53 percent of voters said they had an unfavorable opinion of Mrs. Clinton in a new ABC-News Washington Post poll. Some 60 percent of voters said they had an unfavorable opinion of Mr. Trump.

When asked if Mrs. Clinton and Mr. Trump are “honest and trustworthy,” 64 percent of registered voters replied “no,” according to a recent New York Times-CBS News poll. Ask voters why they don’t trust Mrs. Clinton, and again and again they will answer with a single word: Emails.

The Inspector General report proves that Hillary Clinton has spent the last year lying to the American people about this scandal. How did she respond? She continued to lie.

1. “Um, just like previous secretaries of state I used a personal email. Many people did. It was not at all unprecedented.”

Er … yes, previous secretaries of state have used personal email addresses while in office — Colin Powell most notably and extensively. But, and this is really important, Clinton is the first secretary of state to ever use a private email address exclusively to conduct her business. Period. That was and is unprecedented.

2. “I have turned over all my emails. … I have been incredibly open about doing that.”

Let’s take the second sentence there first.

The inspector’s report notes Clinton (a) shouldn’t have exclusively used a private server for her email correspondence and (b) given that she did, should have turned over all of her correspondence to the State Department immediately after she left office in February 2013. Clinton eventually turned over a portion of her emails — more on that below — but didn’t do so until December 2014 and “only after the State Department requested them as it prepared responses for the Republican-led House committee investigation into the 2012 attack on U.S. diplomats in Benghazi, Libya,” according to a piece by WaPo’s Roz Helderman and Tom Hamburger.

As for Clinton’s assertion that she has turned over “all” of her emails, remember that Clinton deleted more than 31,000 emails that she deemed personal before ever turning anything over to the State Department. There was no third party brought in to make judgments on what was entirely private and what might be closer to the professional line. We have to, quite literally, take Clinton’s word for it.

3. “I will continue to be open.”

Clinton refused to sit down with the inspector general at the State Department, which is not exactly a testament to her commitment to openness. According to news reports, she has not yet been interviewed by the FBI, but there is an assumption that talk is coming.

4. “It’s not an issue that is going to affect either the campaign or my presidency.”

This is a subjective assertion and, therefore, sort of impossible to fully prove or disprove. But, there is plenty of polling evidence that suggests that voters aren’t convinced that Clinton is being entirely truthful in relation to her email server.

When asked last September whether Clinton has “honestly disclosed the facts about her use of personal e-mail while secretary of state or has tried to cover up the facts,” 54 percent of respondents in a Washington Post-ABC News poll chose the latter option. Just one in three (34 percent) said they believed she had honestly disclosed the facts.

And, it’s not a far leap from voters doubting Clinton’s honesty about her email setup to broader doubts about her veracity. Large majorities of Americans regularly tell pollsters that they don’t view Clinton as either honest or trustworthy — a massive hurdle that Clinton will have to clear between now and November.

To expand on the second point, we also know that Clinton was lying about the deleted email all being personal as business related email has already been to have been deleted.

As bad as this week was, The Hill predicts that things will get worse:

In the next few weeks — just as the likely Democratic presidential nominee hopes to pivot towards a general election — it will face its toughest scrutiny yet.

“All of that feeds into this overarching problem of public distrust of her,” said Grant Reeher, a political science professor at Syracuse University.

“To put it in slang terms, she’s got a pretty deeply held street rep at this point. This fits the street rep,” he added.

The State Department’s watchdog report was especially damaging, given the official nature of its source. The report claimed that Clinton never sought approval for her “homebrew” email setup, that her use of the system violated the department’s record-keeping rules and that it would have been rejected had she brought it up to department officials…

Clinton and many of her top aides declined to take part in the inspector general’s probe. But they won’t have that option going forward.On Friday, Clinton’s former chief of staff Cheryl Mills was interviewed behind closed doors as part of a court case launched by conservative watchdog Judicial Watch. In coming weeks, longtime aide Huma Abedin, former IT specialist Bryan Pagliano and other officials are scheduled to answer questions under oath for sessions that could last as long as seven hours.

A federal judge this week preemptively blocked Judicial Watch from releasing videotapes of the upcoming depositions.

But the group this week released the transcript from its first interview, with longtime State Department veteran Lewis Lukens. And it plans to do the same thing following each of the upcoming depositions, providing fodder for weeks to come from some of the closest rings of Clinton’s inner circle.

The court has said that Clinton herself may be forced to answer questions under oath, which would dramatically escalate the brouhaha surrounding the case…

What is potentially profoundly more damaging for Clinton is the looming FBI investigation, exploring the possibility that she or her aides mishandled classified information.More than 2,000 emails that Clinton gave the State Department from her private server have been classified at some level, and 22 were marked as “top secret” — the highest level of classification — and deemed too dangerous to release publicly even in a highly redacted form. However, none of the emails were marked as classified at the time they were sent, complicating the investigation into whether her setup thwarted any laws.

Abedin, Mills and other Clinton aides have reportedly been interviewed as part of the FBI case. And Clinton herself is due up for questioning at some point.

Legal experts appear skeptical that the Justice Department would hand down a criminal charge against Clinton, due to both the high legal hurdles involved and the intense political scrutiny surrounding the likely presidential nominee.

But that won’t end the matter.

Republicans appear primed to cry foul if the FBI closes its investigation without handing down indictments or offering a public explanation. Senior lawmakers have already excoriated the Justice Department for failing to appoint a special prosecutor.

While there is a good chance Clinton will escape prosecution, people lower than her have been prosecuted for less. A debate over selective prosecution could damage not only Clinton but the reputation of the Obama administration.

Clinton’s dishonesty and scandals will dominate the presidential election. While there are also plenty of bogus scandals raised by Republicans, the current scandals are true and are Clinton’s fault. They demonstrate her dishonesty, her poor record on government transparency, and her poor judgment. Blaming all the attacks on the vast right wing conspiracy will not protect her. The Democratic Party can still avoid this, and a high risk of defeat to Donald Trump, by nominating Bernie Sanders instead.

State Department Report Shows Clinton Violated Policy, Further Weakening Her Candidacy

Clinton Email Cartoon Deleted

An audit from the State Department Inspector found that Hillary Clinton did not comply with email policies. AP and CBS report:

A State Department audit has faulted Hillary Clinton and previous secretaries of state for poorly managing email and other computer information and slowly responding to new cybersecurity risks.

The Associated Press, which obtained the report, says that the audit cites “longstanding, systemic weaknesses” related to communications. These started before Clinton’s appointment as secretary of state, but her failures were singled out as more serious.

CBS News has also obtained a copy of the report, which singles out Clinton among her predecessors.

“At a minimum, Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service and, because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act,” the report reads.

It goes on to say that Clinton produced 55,000 pages of emails to mitigate her failure to preserve the emails, but the inspector general “notes that Secretary Clinton’s production [of 55,000 pages of emails] was incomplete.” The report also says that the 55,000 pages included no emails from the first few months of her tenure as secretary for either received or sent messages.

The report also indicates that Clinton and her close advisers failed to cooperate with the investigation, and also suggests attempts at covering up their actions. This includes “how some technology staff said they were instructed to not talk of Clinton’s email set-up after they raised concerns about the unusual arrangement.” The report raised security concerns, along with the failure to report the incidents:

It states that a non-State adviser to Bill Clinton, who was the original user of the server later taken over by Hillary Clinton, shut down the server in early 2011 because of hacking concerns.

“On January 9, 2011, the non-Departmental advisor to President Clinton who provided technical support to the Clinton email system notified the Secretary’s Deputy Chief of Staff for Operations that he had to shut down the server because he believed ‘someone was trying to hack us and while they did not get in i didnt [sic] want to let them have the chance to,’” the report says. “Later that day, the advisor again wrote to the Deputy Chief of Staff for Operations, ‘We were attacked again so I shut [the server] down for a few min.’”

The report goes on to detail another incident in May and says that Clinton and her staff did not appropriate report the matters.

“Notification is required when a user suspects compromise of, among other things, a personally owned device containing personally identifiable information,” it says. “However, OIG found no evidence that the Secretary or her staff reported these incidents to computer security personnel or anyone else within the Department.”

Since the scandal broke, Clinton has claimed she was allowed to do use her email system. Factcheckers have repeatedly demonstrated that this was untrue. Clinton supporters have been falsely claiming that the State Department cleared her for months based upon twisting statements from spokesmen which in no way cleared her. This should put an end to that claim.

Clinton apologists are already trying to spin this as favorable to Clinton, including that it is helpful that this report came out now as opposed to in the fall. However, there is no doubt that Donald Trump will be raising this and multiple other scandals throughout the campaign. There are also other investigations and court cases in progress which can provide further unfavorable news, making it risky for Democrats to go into a general election campaign with Clinton the nominee

Clinton apologists are also stressing that the report also criticized the actions of Colin Powell. This is a poor defense. New rules were put into place following this and other abuses under George W. Bush. Hillary Clinton was well aware of this, and even accused the Bush administration of shredding the Constitution over their use of private email and other matters in 2007. Stricter rules were initiated by the Obama administration in 2009 in response, and it is inexcusable that Clinton ignored them. It is hardly a defense of Clinton that someone else violated the rules, especially when a major criticism of Clinton from the left is that both her behavior and her policies are far too close to what we rejected under Bush.

This scandal demonstrates Clinton’s hostility towards government transparency, her view that she is above the rules, her dishonesty, and her poor judgment. All of these attributes will make her a weak general election candidate if nominated, and a poor president if elected. Clinton is already struggling in the polls against Trump, while Sanders maintains a strong lead. With the deterioration in Clinton’s support, which is likely to continue, the superdelegates should remedy the situation by throwing their support to Bernie Sanders.

Awful Choice Of Clinton v. Trump Leaves Opening For Minor Party Candidates

ClintonEqualsTrump

This year the “presumptive” nominee from each of the major political parties is so awful that it hardly makes sense to throw away one’s vote on them if the general election is between Clinton and Trump. While each has advantages and disadvantages over the other, either way we will see the continuation of the warfare/surveillance state regardless of which is elected. The unpopularity of both candidates in recent polls does bolster Sanders’ argument for the superdelegates to support him at the convention, but looking at it more realistically, the Democratic leadership probably would rather lose the general election with Clinton (and have hope of keeping their positions) than to see Sanders win and remake the Democratic Party.

David Brooks’ column asking Why Is Clinton Disliked? is receiving attention today, but it gets the answer wrong. Is is not because of voters missing the touchy feely information he misses. Clinton’s popularity dropped when she became a candidate and voters were reminded of her views and record. Just seeing Clinton on the campaign trail was enough to remind many people of why they did not vote for her in 2008. Her popularity really plunged in the polls as the scandals broke, reminding voters of how dishonest she is.

People might not understand all the specifics of the scandals, but were reminded that with Clinton there is always a scandal just around the corner. Some are totally bogus, such as Benghazi and Vince Foster. Others do show shady behavior on her part, such as failing to reveal the donors to the Foundation while Secretary of State as she agreed to, and then unethically making decisions regarding parties both donating to the Foundation and making unprecedented payments to Bill for speaking.

We don’t know how others will turn out, such as the current FBI investigation into her mishandling of classified information. Today’s potential scandal involves the investigation of Terry McAuliffe for campaign contributions. CNN reports on a potential tie to the Clintons: “As part of the probe, the officials said, investigators have scrutinized McAuliffe’s time as a board member of the Clinton Global Initiative, a vehicle of the charitable foundation set up by former President Bill Clinton.” Whether or not this turns out to be anything significant, we know the next scandal will be here soon, and a fair percentage will turn out to be true.

Of course Donald Trump comes across as being even more dishonest than Clinton. In many cases I’m not sure if he is intentionally lying about world affairs, or just repeating what he read in some right wing email, showing the same lack of knowledge as is commonly seen on the far right. I’ve pointed out in the past his propensity for spreading nutty conspiracy theories, and First Read looked at this problem today:

Donald Trump, conspiracy-theorist-in-chief?

Last night, the Washington Post wrote how Donald Trump described the 1993 suicide of White House aide Vince Foster as “very fishy.” From the Post: “When asked in an interview last week about the Foster case, Trump dealt with it as he has with many edgy topics — raising doubts about the official version of events even as he says he does not plan to talk about it on the campaign trail. He called theories of possible foul play ‘very serious’ and the circumstances of Foster’s death ‘very fishy.'” This isn’t the first time that Trump has dabbled in conspiracy theories. There’s the 2011 “birther” crusade against President Obama; there’s the allegation that Ted Cruz’s father was with Lee Harvey Oswald; and there’s Trump flirting with the idea that the late Supreme Court Justice Antonin Scalia might have been murdered. As MSNBC’s Benjy Sarlin wrote earlier this month, “[Trump], whether by choice or by nature, appears fundamentally unable to distinguish between credible sources and chain e-mails. Equally significant, though, is that he uses these falsehoods to elevate fringe conspiracy theories and anecdotes that politicians are normally careful to keep far away from mainstream politics. He’s spread discredited claims linking vaccines to autism, for example — a debunked theory that medical officials say has harmed efforts to wipe out preventable diseases.”

While the two major party candidates will probably obtain the majority of the vote if it is a race between Clinton and Trump, this could be a better than usual year for minor party candidates. FiveThirtyEight points out that Libertarian Gary Johnson is now polling at around ten percent and predict he “might be on the verge of becoming a household name.”

Jill Stein provides another alternative from the Green Party. She made a strong appeal to Sanders voters in an interview with Truthout:

…I think the Green Party and my campaign [are] “Plan B” for Bernie supporters because the Democratic Party is the opposite of everything they’ve been working for and building for the last eight months or so, and to simply be dumped into Hillary’s campaign right now is kind of unthinkable.

The sabotage of Bernie’s campaign by the Democratic Party really makes the point about why we need an independent party, because it has shown that it is very hard to have a revolutionary campaign inside of a counterrevolutionary party…

So this is what the party does, and it has only become more corporatist, militarist and imperialist even while it has allowed very inspiring, progressive campaigns like Bernie’s to be seen and heard for awhile. After George McGovern was nominated in 1972, the party changed the rules of the game over the course of the next decade so that that kind of a grassroots campaign could never happen again. So Bernie had to fight on a very steep playing field and it’s just that the machine is powerful. Over the decades, as the Democratic Party continues to fake left, it continues to move right. I think that is the take-home lesson here — that we are not creating a more progressive, more grassroots party; it is only becoming more of a corporate instrument.

Either Stein or Johnson would be preferable to Clinton or Trump.

Bernie Sanders Has A Drink With Hillary Clinton on SNL

Larry David once again did his impression of Bernie Sanders on the opening of Saturday Night Live on Saturday. He shared a drink with Hillary Clinton (Kate McKinnon). Video above.