The Corner

Politics & Policy

Cuccinelli: Hillary’s Trying to Minimize Her Legal Exposure on Server Scandal

A point or two to add to last night’s piece on how the FBI will respond if the Department of Justice tries to ignore their assessment of potential criminal acts involving Hillary Clinton’s private e-mail server . . . 

Ken Cuccinelli, the former attorney general of Virginia, knows the laws regarding classified information firsthand. In his private practice, Cuccinelli defended a Marine lieutenant colonel court-martialed on charges of possessing such information outside a secure facility.

Cuccinelli noticed that Hillary’s response on the issue of her server in the recent Democratic debate, denying that she had made a mistake, is another change in her narrative. “I believe this most recent change in Hillary’s narrative was calculated to try and minimize her legal exposure,” Cuccinelli said. “That’s hard to do given how much water has already gone under the bridge, so to speak, but it shows she is concerned about her own precarious position.”

Cuccinelli said he thinks the Department of Justice’s first instinct will be to “slow walk” the case, and there’s always the possibility that the FBI keeps uncovering new items that require further investigation, delaying their final assessment. At any point, President Obama could pardon Hillary Clinton, but that would obviously be a political bombshell before Election Day. (It would be a bombshell after Election Day, too, but it wouldn’t have an impact on the results.)

But if the Department of Justice refuses to proceed with recommended prosecutions, Cuccinelli says, “I think you may well see a historical set of resignations. The folks at the FBI are very, very serious about maintaining the independence of the Bureau. And if a political decision by the Department of Justice is taken to protect Hillary, that independence would be impugned.”

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