When it comes to letting the past go, Hillary Clinton cannot seem to shake hers from the public long enough to make a difference.
On July 7, James Comey, director of the FBI, testified before the U.S. House of Representatives. The topic was the former secretary of state and presumptive Democratic nominee’s use of a personal email server to carry out government business — a scandal that has earned the nickname “Emailgate” from critics.
Leading up to his testimony, many Republican leaders, including House Speaker Paul Ryan, immediately questioned the validity of Comey’s decision to not seek charges against Clinton. The confusion of the scandal, as important or pointless as one may call it, boils down to one very old battle: politics, not rule of law.
During Comey’s testimony defending his decision, Rep. Elijah Cummings (D-Md) remarked to Comey that a large number of Republican incumbents — such as Rep. Mark Meadows (R-Nc), who persistently criticizes Clinton’s inability to interpret certain information as classified — suspect corruption swayed the FBI’s decision.
“They have suggested you were somehow bought and paid for because you made your recommendation based on the law and facts,” Cummings said Thursday.
The hysteria surrounding Comey’s decision demonstrates the media and Clinton opponents’ fixation with its political implications more than the validity of the decision itself.
Undeniably, it is hard to come by an argument in Washington, D.C., that does not circle around the endless clash between political parties of all kinds. Saying that this scandal is surrounded by politics does not stand for much because scandals have followed the Clintons for decades, yet they have always overcome them with evidence — just look at Benghazi.
Republicans have latched onto the scandal in hopes that Clinton will be indicted, derailing her campaign and giving the presumptive Republican nominee, Donald Trump, a fighting chance. The amount of time and energy the GOP has spent in investigating the matter exemplifies the desperate measures they will go to in order to see her prosecuted.
Making clear how he arrived at his decision, Comey clarified, “We don’t want to put people in jail unless we prove that they knew they were doing something they couldn’t do.”
Though assuring to some extent, it brings into question the evidence that brought Comey to his — correct — conclusion that there was not enough evidence to establish a criminal act.
Despite the fact that some of the information sent out and discussed through Clinton’s email server is now classified, only 110 emails were labeled as such at the time she sent it.
When her emails were set for public release March of last year, they went through a review process to decide on what materials could be public and could not be released. Those that could not be released were named as classified, and they are the same emails that Comey referred to during his testimony this past Thursday. The classified status of Clinton’s emails were only implemented after the fact, when the emails were set for public release.
Additionally, during the time in which Clinton sent her emails from a personal server, there were no laws preventing such usage. Specifically, the law recognized the use of personal, or non-government, email accounts and said it is permitted for government officials to use companies other than that of government agencies for email purposes, as long as proper federal records are kept for the emails.
It was not until 2014 that President Barack Obama adjusted the Federal Records Act, making it so that all emails sent from a personal account by a government official were copied and documented back to the official government account.
These facts are just getting set straight as the yearlong FBI investigation comes to a close. Comey’s statement that Clinton was unaware the information passing through her server had the potential to be classified holds true. As a result, there was never any criminal intent on Clinton’s part, thus she is innocent. Any further inquiries should be put to rest.
Even with Comey’s recommendations coming after the Department of Justice’s decision not to pursue further investigation into Clinton, the State Department reopened their own internal investigations July 7.
In what is starting to look like a repetition of investigations, it is evident that this investigation’s continuation is fueled largely by the presidential election underway. As Trump vs. Clinton is quickly becoming the topic on everyone’s mind, it is without doubt that current Republican incumbents are worried they may be facing a loss in this term’s election.
It is undeniable, though, that many of the American people and our incumbents are still doubtful of Comey’s decision to not pursue charges on Clinton. The media’s reaction has exaggerated the State Department’s coverage into another seemingly serious ordeal. However, it is not nearly as severe as the consequences of a criminal prosecution. Whereas the FBI investigation could have lead to jail time, the State Department’s investigation will likely focus on internal policy breaches.
Emphasizing the Republican’s worry is the lack of sustained concern over scandals coming out of Trump’s missteps. Part of the reason for this is that Trump regularly produces scandals to replace old ones, but the other part is our continued fixation with Clinton.
Trump University was recently exposed as a facade of a university that scammed students out of their money, selling false hopes to many and often lying about important information concerning educational standards and tuition payment. The lawsuit sprinted through the media within a week or two of its arrival. Although it was brought to light in part by the media and members of the opposing party, it did not take full stage like Clinton’s emails continually have.
In order for the American people to shuffle through the repeated accusations and misleading investigations, all politics must be put aside. The fact is that Clinton’s “Emailgate” is nothing more than misinterpretation of the law.
Clinton deserves a fair fight in this election just as anyone else does. Wrongfully accusing her of a crime and hoping for her indictment is simply a waste of time on both ends.
Clinton’s emails are soon to become a thing of the past. It is only a matter of time before the American people and our current incumbents realize the fight between Clinton and Trump will continue, and that there is no escaping that reality.
It is time now for the American people to plant themselves firmly in a belief and fight for their cause of choice.
In the words of Clinton’s former rival Sen. Bernie Sanders, (I-Vt), “Enough with her damn emails.”
Write to Saket Rajprohat at Smr122@pitt.edu.
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