The Criminal Hillary Clinton.

On Tuesday (5/7/16) the FBI announced the findings of its investigation in Hillary Clinton and her use of a private email sever whilst Secretary of State.

Those findings were devastating.

It found that Hillary Clinton had stored 110 classified documents on that private server. Ten of those documents were classified as "Top Secret."

Each of those documents represents a separate offence under Title 18 of the US Federal Criminal code. This is sometimes referred to as the 1917 Espionage Act.

It is under this act that former CIA Director David Petraeus was sentenced to 2 years probation and a USD $100,000 fine. He of course lost both his job and his security clearance. It is the same act that saw Chelsea (nee; Bradley) Manning convicted of 21 offences and sentenced to 35 years in a maximum security prison after prosecutors declined to seek the death penalty.

The specific offence under the act relevant to Hillary Clinton's case is sub-section 793(f) which can be read here; https://www.law.cornell.edu/uscode/text/18/793

It clearly states that; "Whoever [...] through gross negligence permits the same to be removed from its proper place of custody [...]" has committed the offence.

Therefore it is not relevant whether Hillary Clinton intended to commit the offence. The mere fact that she has removed these 110 emails from their proper place of custody to her private server means that she has committed the offence.

The FBI also determined that any reasonable person would have known that a private email server is not the proper place of custody for classified government documents. After all I like most people am quite clear about the fact that my house is not a US Federal Government building.

Therefore the only logical step following the FBI's conclusions is for Hillary Clinton to be charged with the relevant offences. It would then be up to a Court of law to determine whether her actions constituted gross negligence or whether she is somehow so mentally deficient as not to be considered a "Reasonable Person."

The FBI's recommendation that charges are not filed against Hillary Clinton is therefore legally inexplicable.

It also presents a very serious constitutional problem for the US ahead of the November 2016 Presidential election in which Hillary Clinton is presumed to be standing as a candidate.

Even without charges let alone conviction the FBI's findings have proved that Hillary Clinton is a threat to national security who cannot be trusted to properly handle classified documents.

Therefore the US security establishment cannot give Hillary Clinton security clearance to handle classified documents in the future. If they do other nations are going to have to seriously question whether it is safe for them to share sensitive information with the US.

Obviously handling classified documents is a very large part of the President's role as Commander-in-Chief of the US military. Therefore with Hillary Clinton being unable to do that she is also unable to discharge the duties of the President as laid out in Article 2 of the US Constitution.

The electorate nominating a Presidential candidate who is unable to take the oath of office needed become President is without precedent in US history.

However I assume the Vacancy & Disability clause 6 would apply and with no Vice President in place the Speaker of the House would become President. The US of course would then need to go through another Presidential election cycle in November 2017.

Therefore I think it would be better all round for Hillary Clinton to be charged and go to trial.

That way the Democrats have the opportunity to nominate an eligible candidate for election at their upcoming convention and through the process of a public trial everyone gets to see why Hillary Clinton could not stand.

Fortunately if Obama appointee and Democrat Party member Loretta Lynch continues to dig her heels in and act against the best interests of the US and its Constitution an alternative solution has emerged.

The FBI investigation also found that the facts of the case are materially different to the testimony on the matter that Hillary Clinton gave to Congress. Therefore Congress can charge Hillary Clinton with contempt.

Loretta Lynch would not have any role in the process. She of course would then be impeached for her attempt to pervert the course of justice by obstructing the prosecution of Hillary Clinton for the espionage offences.

16:15 on 7/7/16 (UK date).