Francis A. Avila Jr.: Clinton not qualified for presidency
FBI Director Comey demolished Hillary Clinton’s tissue of lies, evasions and deceits regarding her use of a private email server. He concluded that her handling of national defense information was “extremely careless” that is the very definition of the “gross negligence” standard required for prosecution under section 793(f) of the Espionage Act.
Yet he refused to recommend criminal charges. Why? Comey refused because he found no evidence of “intent” to harm the United States. But he has unconstitutionally rewritten the statute inserting an intent element that Congress does not require. His action tells the public that because Mrs. Clinton did not “intend” to harm the nation we should not prosecute her on a felony that does not require proof of intent to harm. Even if “intent” was required, Trey Gowdy forced him to admit to Clinton’s serial lies intended to conceal illegal conduct which is the common way prosecutors show intent by demonstrating consciousness of guilt. Comey had no answer.
The nation is poised to elect someone to the highest office in the land who, as Comey admitted before Congress, would now be denied a routine FBI security clearance.
Francis A. Avila Jr., Modesto
This story was originally published July 14, 2016 at 11:58 AM with the headline "Francis A. Avila Jr.: Clinton not qualified for presidency."