Charles Krauthammer argues that FBI director James Comey used flawed logic in deciding not to indict Hillary Clinton:
I guess the conclusion of the day is that she is a criminal liar. The lying is obvious when you compare her statements with what Comey said, but he came out with a puzzling conclusion.
As you see, he laid the case for gross negligence. He accused her of extreme carelessness, and then he laid down the fact that she should have known, she did know. And then he created a completely irrelevant new standard, which is “malicious intent.” But negligence does not require intent. That’s the whole point of having it in the statute — there’s intentional, and then there’s “gross negligence.”
So I think his logic is completely wrong. He spent 14 minutes laying out a case for negligence, and then he says you can’t prosecute.
This is the end of this, I believe. But as a political matter, what hangs over, the residue is, yes, there’s no implosion of her candidacy, but I can see all the ads that cut between now and election day juxtaposing what Comey said today with what she has said incorrectly, at the least, in the past.