{"id":213930,"date":"2016-07-07T18:57:30","date_gmt":"2016-07-07T22:57:30","guid":{"rendered":"http:\/\/172.24.32.11\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/"},"modified":"2017-07-10T11:16:34","modified_gmt":"2017-07-10T15:16:34","slug":"legal_beagles_analyze_fbi_director_s_handling_of_investigation","status":"publish","type":"post","link":"https:\/\/www.rushlimbaugh.com\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/","title":{"rendered":"Legal Beagles Analyze FBI Director\u2019s Handling of Investigation"},"content":{"rendered":"<p><a href=\"http:\/\/live-rush-limbaugh.pantheonsite.io\/videos\/37\/72159\" target=\"_blank\" rel=\"noopener noreferrer\"><img class=\"alignright\" src=\"\/wp-content\/uploads\/listentoit.jpg\" alt=\"Listen to it Button\" \/><\/a><\/p>\n<section>RUSH: Comey testified before a House committee this afternoon looking into his decision to not recommend prosecution of Hillary Clinton.\u00a0 He admitted today that many of her statements about sending emails, some of which were made under oath, were not true.\u00a0 We are continuing to roll tape and we will assemble this stuff as we can, but this latest report is from Fox News.<\/p>\n<p>&#8220;Comey has admitted that many of her statements about sending emails, some made under oath, were not true, raising the question of whether in doing so she would have committed a felony.&#8221;\u00a0 That would be the old process crime that they got poor old Scooter Libby on, a process crime like they got Martha Stewart on.<\/p>\n<p><img id=\"eZObject_124580\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/inent.jpg\" align=\"middle\" \/>I want to go back to Trey Gowdy.\u00a0 We have one more sound bite from Trey Gowdy.\u00a0 Again, when he was questioning Comey, he wasn\u2019t really questioning him.\u00a0 He was laying out the case for intent that Comey said he didn\u2019t find.\u00a0 He was laying out for the audience &#8212; that would be you and me &#8212; that there clearly was intent, despite the fact that the FBI director said, &#8220;Couldn\u2019t find enough intent here to recommend prosecution.&#8221;\u00a0 Here\u2019s one more Trey Gowdy bite on all of this.<\/p>\n<p>GOWDY:\u00a0 She affirmatively rejected efforts to give her a state.gov account.\u00a0 She kept these private emails for almost two years and only turned them over to Congress because we found out she had a private email account.\u00a0 So you have a rogue email system set up before she took the oath of office, thousands of what we now know to be classified emails, some of which were classified at the time.\u00a0 One of her more frequent email comrades was, in fact, hacked, and you don\u2019t know whether or not she was. And this scheme took place over a long period of time and resulted in the destruction of public records. And yet you say there is insufficient evidence of intent.\u00a0 You say she was extremely careless, but not intentionally so.\u00a0 You and I both know intent is really difficult to prove.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/zQlJnjWR4wQ\" width=\"585\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>RUSH:\u00a0 Well, you know, intent, you legal beagles are gonna have to correct me on this if I\u2019m wrong, but there\u2019s another factor with intent that is left up to a jury to decide.\u00a0 You know, in many cases intent isn\u2019t a dominant factor in the decision to charge or not.\u00a0 But in Comey\u2019s world he\u2019s making it out that it is, it\u2019s the big deal, that there wasn\u2019t any intent, couldn\u2019t prove it, and therefore nowhere to go here.\u00a0 And major arguments are now ensuing in the legal circles over this.<\/p>\n<p>My buddy <a href=\"http:\/\/www.nationalreview.com\/corner\/437560\/fbi-director-comeys-suggestion-congresss-gross-negligence-statute-invalid\" target=\"_blank\" rel=\"noopener noreferrer\">Andy McCarthy has already posted a piece at National Review Online<\/a> in which he thinks that it has resulted here that Comey\u2019s reasoning has been disputed successfully and refuted, that the jig\u2019s up on this.\u00a0 It\u2019s not gonna change anything, but the legal circle of people debating this and analyzing it, what Robert Bork called the intellectual feast, is ongoing, and there are a lot of people tearing this apart right now.\u00a0 And that\u2019s what Trey Gowdy is trying to do here in his way, and his way is communicating with the American people, who will see this.<\/p>\n<p>And, believe me, a lot of the American people are gonna see this.\u00a0 They may not see their cable TV, but they\u2019re gonna see it streamed, they\u2019re gonna see excerpts of it put together, video streamed on various social media sites.\u00a0 And I think Gowdy has been powerful today in laying out how there was clearly intent.\u00a0 And this latest example is just as good as the first two that we had.<\/p>\n<p>She affirmatively rejected efforts to give her a state.gov account.\u00a0 That would have meant that it was accountable and subject to Freedom of Information Act requests.\u00a0 She kept these private emails for almost two years and only turned them over to Congress because we found out she had a private email account.\u00a0 She didn\u2019t even divulge that, but it was discovered.\u00a0 Having a private email account to conduct official business, to Trey Gowdy, signals intent.<\/p>\n<p><a href=\"http:\/\/live-rush-limbaugh.pantheonsite.io\/daily\/2016\/07\/06\/rush_interviews_former_federal_prosecutor_andy_mccarthy_on_the_fbi_investigation_into_mrs_clinton_s_email_scandal\" target=\"_blank\" rel=\"noopener noreferrer\"><img id=\"eZObject_124592\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/RushAndrew-C-McCarthy.jpg\" align=\"middle\" \/><\/a>So you have, he says here, a rogue email system set up before she took the oath of office, thousands of what we now know to be classified emails, some of which were classified at the time.\u00a0 One of her more frequent email comrades was in fact hacked and you, Mr. Comey, don\u2019t know whether or not she was.\u00a0 And this scheme, Hillary\u2019s private email server, took place over a long period of time, resulted in the destruction of public records.<\/p>\n<p>That\u2019s, again, a reference to the 30,000 emails she threw away. Of the 60,000 on her server, she threw 30,000 away, telling Congress and telling the State Department, &#8220;That\u2019s private.\u00a0 It had nothing to do with anything.\u00a0 I\u2019ll save you the trouble of reading \u2019em.\u00a0 I\u2019m tossing \u2019em.&#8221;\u00a0 That is destruction of public records.\u00a0 That is intent to hide.\u00a0 And Gowdy says to Comey, &#8220;And yet you say there\u2019s insufficient evidence of intent.\u00a0 You say she was extremely careless, but not intentionally so.&#8221;<\/p>\n<p>I\u2019m sorry.\u00a0 Common sense rears its head here.\u00a0 It\u2019s impossible to say she didn\u2019t have intent.\u00a0 That\u2019s the stretch, to me.\u00a0 It\u2019s a stretch to say she didn\u2019t intend to hide anything.\u00a0 To me the tougher thing to prove would be that she didn\u2019t intend to keep all this hidden from public view.\u00a0 It seems like that would be the easiest case to make, but Comey didn\u2019t want to make it, he didn\u2019t want to go there for whatever reason, and he didn\u2019t.<\/p>\n<p>Jim Jordan, who is from Indiana and on the committee as well, and he had a great day.\u00a0 He said that former secretary of state Clinton had misled Congress under oath when testifying to the House Select Committee on Benghazi in October of 2015.\u00a0 He was speaking to Washington Watch with Tony Perkins on a radio show.\u00a0 And specifically, Clinton told the Benghazi committee she had &#8220;turned over all my work-related emails from her private email server to the government, that there was nothing marked classified on my emails, and that her attorneys went through every single email.&#8221;\u00a0 And, according to James Comey, all of those statements are false.<\/p>\n<p>So that\u2019s the meaning of the Fox News story, that, according to Comey, he admits that many of her statements about sending emails made under oath were not true, raising the question of doing so she committed a felony and lying to Congress.\u00a0 Which is a big deal.\u00a0 It is.\u00a0 In terms of the law, it\u2019s a big deal to mislead or lie to Congress.\u00a0 And keep something in mind here.\u00a0 We wouldn\u2019t even know about Hillary\u2019s secret home server if requests for her emails hadn\u2019t been &#8212; today, to this moment, we wouldn\u2019t know about it.<\/p>\n<p>So this is why people want to know what she said in her interview, her three and a half hour interview on Saturday.\u00a0 What did Hillary tell the FBI under oath?\u00a0 And how did the FBI and the professional prosecutors analyze her three and a half hour testimony so quickly and decide that she had not lied to them?<\/p>\n<p>And there\u2019s another point that was made earlier by somebody who lists all the things that will signify this thing not going away.\u00a0 A long list of items, about eight or 10.\u00a0 A political science professor at the University of Chicago.\u00a0 And he said, &#8220;Keep a sharp eye down the road for any leaks from potentially disgruntled FBI agents who worked on the case.&#8221; And when I saw that, I said it\u2019s a bit of, you know, they\u2019re pretty loyal, they run a tight ship.\u00a0 I guess it\u2019s possible.<\/p>\n<p>I thought back to Joe diGenova three, four months ago now, who was on I think Fox News and told everybody that the FBI\u2019s got the goods and he had inside sources, they\u2019ve got her. It is so bad, he said, that if they don\u2019t indict her, there are going to be FBI agents who resign in protest.\u00a0 And diGenova, the husband of Victoria Toensing, is a former Justice Department official, knows people at the FBI.\u00a0 And he clearly said numerous times, they\u2019ve got so much evidence, she\u2019s gonna be indicted.\u00a0 I know you remember this.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/O0vHZqVn-io\" width=\"585\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>And then he said again, if she\u2019s not, there\u2019s gonna be so many people fed up with all the work they did and all the evidence they gathered that there\u2019s gonna be resignations, I think is what he said.\u00a0 We\u2019ll see.\u00a0 So the University of Chicago on poli-sci prof says, keep a sharp eye.\u00a0 See if there are any leaks from disgruntled FBI agents down the road who disagree with what has been presented here as the official story.<\/p>\n<p>And then this point needs to be brought home again.\u00a0 Hillary is not doing a victory lap.\u00a0 That\u2019s a big deal in the sense that she knows it isn\u2019t over.\u00a0 You know, running around beating her chest going nah-nah-nah-nah-nah-nah, &#8220;Beat you again, beat you again. They found nothing. They looked at me for months and months and years and years.&#8221;\u00a0 She can\u2019t do that.\u00a0 If she runs around doing that, she just inspires and motivates people even more to come up with stuff.\u00a0 She\u2019s not commenting on it.<\/p>\n<p>And Clinton did.\u00a0 Bill Clinton, every time he escaped the surly bonds of one of these investigations, he went out there and rubbed everybody\u2019s nose in it.\u00a0 But Hillary hasn\u2019t done that, nor has Obama.<\/p>\n<p>BREAK TRANSCRIPT<\/p>\n<p>RUSH: We\u2019ll go to Tulsa.\u00a0 This is Charles.\u00a0 Great to have you, sir.\u00a0 I appreciate your patience.\u00a0 Hello.<\/p>\n<p>CALLER:\u00a0 Oh, hello, Rush.\u00a0 All right.\u00a0 So, I think everybody needs to look at it like this.\u00a0 Let\u2019s say Comey, he knows the DOJ isn\u2019t gonna go after Hillary, regardless what he says.\u00a0 So he lays out what he has, says he doesn\u2019t recommend charges, knowing that she\u2019s gonna follow what he says. So then Trump gets in office, and his DOJ is able to go after Hillary.\u00a0 &#8216;Cause, I mean, the case isn\u2019t closed, right?<\/p>\n<p><img id=\"eZObject_124593\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/ObamaLoretta-Lynch-B2.jpg\" align=\"middle\" \/>RUSH:\u00a0 The case is closed.<\/p>\n<p>CALLER:\u00a0 Well, I mean I thought&#8230; Okay, so I thought that, you know, they can\u2019t take her up on charges. They can\u2019t take her to court for this?<\/p>\n<p>RUSH:\u00a0 No. The attorney general has said (paraphrased), &#8220;That\u2019s it.\u00a0 It\u2019s over.\u00a0 I\u2019m officially announcing we will not be prosecuting Hillary Clinton.\u00a0 We never were gonna prosecute her.\u00a0 I\u2019m sorry if you\u2019re disappointed.\u00a0 Screw you!\u00a0 But we\u2019re not going to prosecute Hillary Clinton.&#8221;\u00a0 So it\u2019s done.\u00a0 It\u2019s over with.\u00a0 The only way it can happen&#8230; Now, if the Republicans win the White House and the next attorney general wants to indict her, he can try.<\/p>\n<p>CALLER:\u00a0 Well, yeah.\u00a0 And that\u2019s what I\u2019m saying.\u00a0 So he lays out everything that he has, knowing that she\u2019s not going to go after Hillary. He lays all this out, and I guess kind of saves face but looks bad at the same time.\u00a0 You know, that\u2019s what I was looking at.<\/p>\n<p>RUSH:\u00a0 Okay.\u00a0 So you are of the school that Comey is a brilliant Machiavellian, and he knows that this current crop isn\u2019t gonna do anything with whatever he\u2019s got. So he lays out damning evidence for somebody that might want to someday go after her, and then goes out and he\u2019ll defend his decision today, but he\u2019s made it crystal clear that she\u2019s gettable.\u00a0 That\u2019s your theory.<\/p>\n<p>BREAK TRANSCRIPT<\/p>\n<p>RUSH: Now, look, folks, you and I are not the only group of people here who think that something out of the ordinary has happened here.\u00a0 There are some people on the left, including the esteemed Professor Dershowitz at Harvard.\u00a0 And I like Professor Dershowitz.\u00a0 I met Professor Dershowitz early on when I had arrived in New York.\u00a0 It was a Sunday night, and I was already in doing show prep for my show on Monday.\u00a0 And he was arriving to appear on some Sunday night show, and he walked in. He had his trench coat on and his briefcase, and he walked by.<\/p>\n<p>He already knew who I was, and he was eyeing me suspiciously as he walked by. He stopped and turned around and looked at me and said, &#8220;Yeah, I know who you are.\u00a0 I know who you are.\u00a0 I don\u2019t agree with much.\u00a0 Yeah, you\u2019re okay, but I know who you are.&#8221;\u00a0 And he kept walking back to wherever he was going to appear on whatever show.\u00a0 You know, he\u2019s been portrayed in movies &#8212; a couple, three movies &#8212; and so forth.\u00a0 Anyway, Professor Dershowitz.\u00a0 You know, you and I think that Comey goes out and makes his case then doesn\u2019t recommend that Hillary be charged, and we go, &#8220;What?\u00a0 After that?&#8221;<\/p>\n<p><img id=\"eZObject_124594\" class=\"img_middle\" src=\"\/wp-content\/uploads\/2016\/07\/Comey-Obama-Lynch.jpg\" align=\"middle\" \/>Dershowitz thinks that Comey behaved in an unethical way like he has rarely seen.\u00a0 He said (paraphrased), &#8220;You don\u2019t have people go out&#8230; If you\u2019re not gonna charge, you leave it alone. But he went out there and he basically listed every crime he thinks that she committed and then said, &#8216;Nothing to see here.\u2019 That\u2019s as unethical as anything I\u2019ve ever seen.&#8221; Dershowitz said, &#8220;There\u2019s no way.\u00a0 That doesn\u2019t happen.\u00a0 You just don\u2019t do that.&#8221;\u00a0 I\u2019m trying to think.\u00a0 There\u2019s another incident, something like this happened &#8212; and it was in the political world &#8212; where somebody went out&#8230;<\/p>\n<p>It might have been an attorney general or deputy went out and listed (chuckles) all the things that somebody did, and said, &#8220;We\u2019re not charging.&#8221; Everybody blew up.\u00a0 So Professor Dershowitz has a point here.\u00a0 But I\u2019ll tell you, that cuts both ways.\u00a0 You realize, we don\u2019t ever see this.\u00a0 Comey addressed this, by the way.\u00a0 He said (paraphrased), &#8220;These are normally things that happen without public scrutiny.\u00a0 You know, we amass and collect our evidence, we present our recommendation to the Department of Justice, and then they decide what to do with it.\u00a0 And if there are charges, then you know.\u00a0 If there are no charges, nobody ever knows whatever went on.&#8221;<\/p>\n<p>But in this case, Comey went out and spelled it out. He said because there\u2019s such public interest, and there\u2019s been so much anticipation, and there\u2019d been so much speculation that he wanted to go out, put it all on the line, and then explain how he arrived at the conclusions that he was making after amassing all this, quote\/unquote, &#8220;evidence and fact.&#8221;\u00a0 And that is what Dershowitz says is unethical.\u00a0 &#8220;You just don\u2019t go&#8230; If you\u2019re not gonna pursue somebody, if you\u2019re not gonna charge them, if you\u2019re not gonna recommend they be charged, you don\u2019t go out there and air their dirty laundry like that.\u00a0 You just don\u2019t do it.&#8221;<\/p>\n<p>That would tend to argue in favor of those of you who believe that Comey is acting in a very brilliant, Machiavellian way here; that he himself knew that Loretta Lynch would never indict Hillary no matter what evidence he had. So go ahead and present it and then give himself an out in the process by knowing she\u2019s not gonna charge. So he\u2019ll jump the gun on that and say, &#8220;No reasonable prosecutor would charge,&#8221; thereby guaranteeing she can\u2019t. Because if he goes out and says, &#8220;No reasonable prosecutor would ever charge this,&#8221; what does she then do? (chuckles)<\/p>\n<p><img id=\"eZObject_124597\" class=\"img_right\" src=\"\/wp-content\/uploads\/2016\/07\/545319630_large.jpg\" align=\"right\" \/>Go out and indict her and make herself look unreasonable?\u00a0 It wasn\u2019t gonna happen anyway.\u00a0 But, whatever the motivation, whatever the strategy &#8212; whether Comey is Machiavellian or not &#8212; it is out there, what she did.\u00a0 The only thing missing is, &#8220;She didn\u2019t mean to do it.&#8221;\u00a0 But what she did is out there, and that means it\u2019s now in the political realm and is subject to relevance in the campaign.\u00a0 And that\u2019s why Professor Dershowitz&#8230; He\u2019s not the only one. There are couple others, too, who joined him in this.<\/p>\n<p>They are upset about this, because it is an indictment of sorts in the political world, depending on what Hillary\u2019s political opponents want to do with it.\u00a0 And if the early indications are worth anything, they\u2019re gonna do quite a bit.\u00a0 Already we\u2019ve had four juxtaposition videos, like our Torricelli sound bite where he proclaims his innocence left and right and then the lawyer detailing the crimes (chuckles) contradicts everything he says.\u00a0 There\u2019s four of those out there &#8212; well, three, and we put one together &#8212; juxtaposing Comey with Hillary.\u00a0 We had that yesterday.<\/p>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>RUSH: Comey testified before a House committee this afternoon looking into his decision to not recommend prosecution of Hillary Clinton.\u00a0 He admitted today that many of her statements about sending emails, some of which were made under oath, were not true.\u00a0 We are continuing to roll tape and we will assemble this stuff as we [&hellip;]<\/p>\n","protected":false},"author":70,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[1],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v17.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Legal Beagles Analyze FBI Director&#039;s Handling of Investigation - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/live-rush-limbaugh.pantheonsite.io\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"Legal Beagles Analyze FBI Director&#039;s Handling of Investigation - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: Comey testified before a House committee this afternoon looking into his decision to not recommend prosecution of Hillary Clinton.\u00a0 He admitted today that many of her statements about sending emails, some of which were made under oath, were not true.\u00a0 We are continuing to roll tape and we will assemble this stuff as we [&hellip;]\" \/>\n<meta name=\"twitter:image\" content=\"https:\/\/www.rushlimbaugh.com\/wp-content\/uploads\/listentoit.jpg\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Jaime Endemano\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"14 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebSite\",\"@id\":\"https:\/\/admin.rushlimbaugh.com\/#website\",\"url\":\"https:\/\/admin.rushlimbaugh.com\/\",\"name\":\"The Rush Limbaugh Show\",\"description\":\"Excellence In Broadcasting\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/admin.rushlimbaugh.com\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"ImageObject\",\"@id\":\"https:\/\/live-rush-limbaugh.pantheonsite.io\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/#primaryimage\",\"inLanguage\":\"en-US\",\"url\":\"\/wp-content\/uploads\/listentoit.jpg\",\"contentUrl\":\"\/wp-content\/uploads\/listentoit.jpg\"},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/live-rush-limbaugh.pantheonsite.io\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/#webpage\",\"url\":\"https:\/\/live-rush-limbaugh.pantheonsite.io\/daily\/2016\/07\/07\/legal_beagles_analyze_fbi_director_s_handling_of_investigation\/\",\"name\":\"Legal Beagles Analyze FBI Director's Handling of Investigation - 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