THE CASE AGAINST CLINTON

Author: Andrew C. McCarthy is a senior policy fellow at the National Review Institute and a contributing editor of National Review.

Felony mishandling of classified information, including most closely guarded intelligence secrets; misappropriation and destruction of tens of thousands of government records are serious criminal offenses.

Hillary and her husband, former President Bill Clinton, operated the Clinton Foundation. Ostensibly a charity, the Foundation was a de facto fraud scheme to monetize Hillary’s power as Secretary of State (among other aspects of the Clintons’ political influence). The scheme involved (a) the exchange of political favors, access, and influence for millions of dollars in donations; (b) the circumvention of campaign-finance laws that prohibit political donations by foreign sources; (c) a vehicle for Mrs. Clinton to shield her State Department e-mail communications from public and congressional scrutiny while she and her husband exploited the fundraising potential of her position; and (d) a means for Clinton insiders to receive private-sector compensation and explore lucrative employment opportunities while drawing taxpayer-funded government salaries. While the Foundation did perform some charitable work, this camouflaged the fact that contributions were substantially diverted to pay lavish salaries and underwrite luxury travel for Clinton insiders. Breathtaking sums were “donated” by high-rollers and foreign governments that had crucial business before the State Department. Along with those staggering donations came a spike in speaking opportunities and fees for Bill Clinton. Of course, disproportionate payments and gifts to a spouse are common ways of bribing public officials which is why, for example, high-ranking government officeholders must reveal their spouses’ income and other asset information on their financial-disclosure forms.

Significantly for present purposes, the listed felonies include bribery, fraud, and obstruction of justice. Fraud encompasses both schemes to raise money on misleading pretexts (e.g., a charitable foundation that camouflages illegal political payoffs) and schemes to deprive Americans of their right to the honest services of a public official (e.g., quid pro quo arrangements in which official acts are performed in exchange for money). Both fraud and obstruction can be proved by false statements whether they are public proclamations or lies to government officials (e.g., concealing “charitable” donations from foreign sources after promising to disclose them, or claiming not to know that the “(C)” symbol in a government document means it is classified at the confidential level). The WikiLeaks disclosures of e-mails hacked from Clinton presidential-campaign Chairman John Podesta provide mounting confirmation that the Clinton Foundation was orchestrated for the purpose of enriching the Clintons personally and leveraging then-Secretary Clinton’s power to do it. Hillary and her underlings pulled this off by making access to her contingent on Clinton Foundation ties; by having top staff service Clinton Foundation donors and work on Clinton Foundation business; by systematically conducting her e-mail communications outside the government server system; by making false statements to the public, the White House, Congress, the courts, and the FBI; and by destroying thousands of e-mails despite congressional inquiries and Freedom of Information Act demands in order to cover up (among other things) the shocking interplay between the State Department and the Clinton Foundation. Under federal law, that can amount to running an enterprise by a pattern of fraud, bribery, and obstruction. If so, it is a major crime. Like the major crimes involving the mishandling of classified information and destruction of government files, it cries out for a thorough and credible criminal investigation. More important, wholly apart from whether there is sufficient evidence for criminal convictions, there is overwhelming evidence of a major breach of trust that renders Mrs. Clinton unfit for any public office, let along the nation’s highest public office.