US ELECTION 2016

Hillary Clinton, above the law

The American justice system and Donald Trump

August 12th 2016 | Chicago | Xavier Ward

Photograph by Financial Tribune

During the 2016 US Presidential Election, Secretary of State Hillary Clinton’s private email server has been one of several hot button issues. However, it may be the one that is ultimately glossed over more than any other in the face of her bombastic, demagogic competition.

Clinton has been criticized from both the left and the right. Republicans have gone so far as calling her deliberately dishonest and a criminal, while more left-leaning Democrats have used this as a chance to offer their candidate of choice, Senator Bernie Sanders, a second chance — unfortunately for him, to no avail.


A serious threat to national security

As it stands, Hillary Clinton has officially clinched the Democratic nomination, and she will face no retribution for her failures. This, however, does not make the situation any less interesting.

The FBI investigation began in March 2015, when it was uncovered that her and her staff had been using a private email server, which could have created serious security problems were the server to be hacked.

Clinton’s email server was hosted in the basement of her home in Chappaqua, NY, although this information was not disclosed to the State Department at the time. After its stay in her home, the server was then moved to New Jersey, and then to Denver, where it was finally investigated.

While it is highly irregular for Clinton to have her own server, the investigation concluded that it was not actually illegal. And while many claim that her server was undoubtedly hacked by foreign actors, the forensics showed otherwise.

Photograph by CNN

Whether the server was breached or not, it is difficult to deny that its mere existence posed a real security threat. The question then becomes: why was what Hillary Clinton did so wrong? And what does it say about the United States’ criminal justice system?

The FBI investigation’s final recommendation was not to move forward with any criminal prosecution against Clinton. However, it did shed light on her actions, stating that her private server was a legitimate security risk and calling her “extremely careless”. In a statement addressing the conclusion of the investigation, FBI Director James Comey announced that the FBI identified 7 separate email threads which contained information which had been classified as “top secret”.

Using a private server for such sensitive emails is in fact illegal, and could have given foreign states or actors access to information that could put US national security into a state of turmoil.


Gross negligence, but somehow not criminal

Despite these findings, the FBI’s decision not to recommend charges against Clinton was justified by the lack of evidence that her actions had been intentional, as well as the lack of any evidence that the server had actually been compromised.

During his statements, Comey did say that Clinton had demonstrated gross negligence, and provided evidence which proved that her amended statement that she had “never knowingly sent or received classified emails” was a lie. This is damning information and, by all rights, she could have faced charges, but she did not.

Although Hillary Clinton’s political tenure is riddled with inconsistency, the criticisms against her never seem to stick. A few years ago, she claimed that her private jet had landed under a thicket of sniper fire in Bosnia, yet a video of the landing shows her smiling, waving, and shaking hands with children upon arrival. Despite having clearly engaged in dishonesty, she simply shrugged it off as a misstatement.

Photograph by John Moore

Clinton seems to be bulletproof from the public’s acrimony, and many critiques of her wrongdoings are immediately labeled as false or exaggerated, when it is clearly not the case. Perhaps this is a product of her Correct the Record campaign, which set out to create thousands of fake accounts on social media in order to push the narrative in her favor.

Her history of foreign policy decision-making is perhaps the most damning of all her missteps. Her attempts at state-building in the Middle East have played a direct role in the rise of extremist groups such as ISIS, and she has found herself in league with donors from the Persian Gulf who, while supporting terrorist organizations, were also benefactors of the Clinton Foundation.

During her husband’s tenure as president, she pushed him away from intervening in a genocide in Kosovo to push her healthcare agenda. So why is she fit to be president?


Above the law, or above Donald Trump?

Comey’s testimony illustrated one thing very clearly: Clinton is too big to jail. One could speculate about the multitude of reasons why she was not charged, but the answer is rather simple.

Some have tried to do so by claiming that she has deep-seeded ties to intelligence officials and lies snugly in the pockets of the FBI, whilst others believe she has orchestrated some other grand scheme to avoid the reprisal of the American justice system.

Ruminating on these political motivations would be a fool’s game, and would also be ignoring the larger issue. What this situation really highlights is the way in which the US justice system treats such matters. US politics is somewhat of a “members only” club. Those who are deeply entrenched in it are hard to criticize, and even harder to reprimand. Hillary Clinton is a perfect example of the systematic “armored plating” that exists all over the country.

Photograph by John Moore

Truth be told, in any other election, this may have had more severe consequences for Clinton, but Donald Trump is the best case scenario for her. Throughout the process of the election, his unbridled sexism, racism and mobilization of hate-filled Americans has made him an easy target and a person that this country simply cannot elect. Thus, it is the moral duty of free thinking Americans to keep him out of office, no?

That’s what a majority of Democratic voters would have you believe, and to a certain degree they are right. This dilemma is further explored in Bernie or Bust (TSH).

But, alongside the American justice system, this election cycle has also highlighted the shortcomings of the long-defended American two-party system. Freedom of choice has become the freedom to pick between a sociopathic businessman who represents authoritarian populism, and a self-serving career politician who represents corruption.

These are heavy accusations, but they hold true under any standard of intense scrutiny. Hillary Clinton may be the lesser of two evils in this election, but it is still important to understand who you are voting to lead our country when November comes around.

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