Good News: Defense Lawyers Plan To Use The “Clinton Defense”

Perhaps it would be better to call it the “Comey Defense”, since it was FBI Director James Comey who decided, after spending lots of time laying out a criminal case against Hillary, that he wouldn’t bother recommending an indictment

FBI Director James Comey’s Hillary Clinton email recommendation gives lawyers a new line of defense

The FBI recommendation not to prosecute Hillary Clinton and her staff on charges of mishandling classified information will give those accused of flouting national security rules a new line of defense even as it highlights a dual standard in how senior government officials are treated, several experts said Wednesday. (snip)

Lawyers who specialize in representing government and military officials who’ve had security clearances revoked said Comey’s recommendation offered them a new tactic in seeking to rehabilitate their clients, especially if Clinton is elected president in November.

“I intend to use the Hillary defense,” said Sean M. Bigley, a lawyer whose firm handles dozens of cases a year involving national security clearances. “I really question how any agency can say someone is a security risk if the president of the United States did something similar.”

He added, “We’ve had people lose 20-year careers for doing less than what she did.”

Another lawyer, Mark F. Riley, stated

We have the Petraeus ceiling and the Clinton floor. We have a new standard as to what comprises intent with respect to criminal cases.

“I’m going to use it every chance I get, particularly in oral arguments. I’m going to bring it up over and over and over,” Riley said, adding that he thinks Clinton and her team engaged in “an egregious, egregious security violation.”

The article continues on in this vein for quite some time, and these lawyers are entirely correct: how do you prosecute someone who’s violations were less than Hillary’s when Hillary was let off the hook? We cannot forget that people in positions of power, and especially the people in overall charge, should be held to a higher standard. With that power comes more responsibility for doing the right thing. Heck, they sign documents, including security handling ones, to that effect.

The lawyers have been given a golden opportunity to get their clients off the hook, when they shouldn’t be. Will their defense work? Time will tell. There are consequences when the Elites are given passes because they are elites.

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15 Responses to “Good News: Defense Lawyers Plan To Use The “Clinton Defense””

  1. Hoagie says:

    There are consequences when the Elites are given passes because they are elites.

    I don’t believe that for one minute.

  2. Jeffery says:

    By all means, always base your policies on trial lawyers’ tactics.

    What crimes did Clinton commit again? How did the FBI investigations of others’ use of private rather than gov’t emails turn out? Oh. There were no other investigations. Why not?

    A better approach for elites is to just wait for presidential pardons, as all the Reagan Administration criminals did. Thanks H.W. Bush!

  3. ontoiran says:

    you must have dozed off during comey’s press conference and missed the part where he laid out in great detail all the violations hitlery committed. and the part where he said anyone else who did the same thing would face severe consequences. you’re welcome

    • John says:

      You must have missed the part where Comey said only one person in the last 100 years had ever been indicted for similar actions
      Probably missed him saying no reasonable prosecutor would want to try that case

  4. Hoagie says:

    You can never just discuss the topic, Jeffery. It’s always about what somebody else did. Reagan has nothing at all to do with Hillary.

  5. Jeffery says:


    I guess if the registered Republican Commey had any evidence he would have charged Secretary Clinton with a crime. Instead he delivered an inappropriate partisan attack. He should resign.

    You’re welcome.

  6. John says:

    Teach it all comes down to intent I think must Americans understood that
    One of the TOP SECRET items was the bane of Moussa Koussa
    He was the firmer libiyan spy chief
    Trent Gowdy publicly named him
    Trent Gowdy was also not indicted
    Do you think he should have been?
    Even though it was still classified TOP SECRET it was already well known
    an open secret

  7. John says:

    Moussa Koussa!!
    Now Teach gas TOP SECRET info on his unsecured server !!

  8. drowningpuppies says:

    Up early today, retard?

    Wish there was an app to translate retard into understandable English.

    Both hands on the wheel, eyes on the road.

  9. Jeffery says:

    Here’s a description of the only DOJ “gross negligence” case mentioned by Director Comey.

    In 2003 FBI Special Agent Smith was having a sexual affair with a “source”, Katrina Leung, who happened to be a Chinese double agent. Smith carried classified information with him in a briefcase, and his inamorata, Leung, would frequently copy it, likely for her Chinese handlers. The copied materials were found in her safe. And even in this case, the negligence charge against Smith was dropped! He was convicted for lying about his affair with Leung.

    What did Secretary Clinton do that approaches this and that would trigger an indictment?

    Being the object of right-wing hatred is not a crime.

    Hoagie – Follow closely. The complaint that “elites” get away with crimes based on Secretary Clinton’s email kerfluffle, pales in comparison to “elites” pardoning each other after committing real crimes. Pay attention here. Dozens of Reagan administration officials were convicted of various crimes and Reagan’s VP was elected President and pardoned many of them! Elites committing crimes and being pardoned by other elites! If you were paying attention you would notice I was not comparing Secretary Clinton’s pseudoscandal to Reagan’s criminal enterprise, but was explaining how elites really take care of one another.

    In a similar vein, do you think kids of the wealthy have it easier than poor kids charged with similar crimes?

  10. drowningpuppies says:

    Oh, BTW, Comey has a long history with the Clintons,

  11. Jeffery says:

    Good News: Defense Lawyers Plan To Use The “Clinton Defense”

    Did Secretary Clinton conduct a “Defense”? What charges did she defend herself against?

    So really what you’re saying is that the “Clinton Defense” is a strategy of not committing any crimes for which the FBI recommends charges. That’s probably good advice.

    If defense attorneys can get their clients not to commit crimes that would be a good “defense” indeed!

    The DOJ has only pursued “gross negligence” charges once in matters of national security, so it’s unlikely the attorneys will be called on very often to come up with a clever defense.

  12. Jl says:

    “The Clinton Defense.” Would that be losing emails or just incompetence?

  13. Jeffery says:


    I explained it already.

    All you have left now is BENGHAZI!!

  14. Jeffery says:

    The far-right messed up out of hubris, believing for a long time that a far-rightist could be elected President. You hoped for the odious Rafael Cruz, a Canadian American, but you ended up with Donnie Trump, The Big Orange rapist/mobster. Kasich, Rubio or Christie could have defeated Clinton handily, giving you 4 to 8 years of Supreme Court appointees. But no, you would only allow an asshole to be your nominee.

    Good job, boyz. America thanks you for being so arrogant.

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