The FBI found no basis to charge her with a crime. So what would this special prosecutor do? Prosecute her anyway? For what?
Whose findings? The FBI? So you're telling me the FBI is not credible because it "has been answerable to an executive agency"? Remember, if you take issue with a specific portion of the investigation -- which is publicly available and linked in my previous substantive post -- you are welcome to look at it yourself and cite to it.
You seem to be ignoring the actual content of Comey's summary: that they "cannot find a case that would support bringing criminal charges on these facts." How would this part change under a "special prosecutor"?
I saw that grandstanding performance by Jason Chaffetz (who BTW disavowed his support for Trump and at this point). Whether the strict language of the statutes matches up with cherry picked portions of the report, chosen for Chaffetz to win points among his hard right constituents, is not the issue. Comey's job was to find a case that could be prosecuted ethically according to DoJ standards, based on previous DoJ prosecutions, and he did not find it.
I hate to keep quoting this language over and over again, but I'm going to do it again because it really summarizes the investigation, and the decision not to prosecute, pretty well:
Now consider the above in relation to
18 USC 798, one of several statutes at play here. 18 USC 798 makes it a felony to knowingly and willfully transmit classified information. How much stuff does this statute apply to, you might ask? Well, as you might imagine from looking at the statute, it's pretty broad. But these cases don't get prosecuted very often because, if every single potential violation of 18 USC 798 was prosecuted, then the ramifications for the government would be catastrophic. Obviously, this one single statute is ripe for potential abuse. Which is why DOJ only charges violations of 18 USC 798 and similar statutes in cases where the above circumstances are met.
Was there negligence? Perhaps. Recklessness? Probably. Did it meet the standard for prosecution? Nope.
Trump wants to change DOJ forever by using this statute, and others like it, to prosecute his political enemies.
Now tell me, Andrew, as a Libertarian, with absolutely no stake in this intellectual discussion whatsoever,
DO YOU REALIZE HOW FUCKING DANGEROUS THAT IS?
Well, I can definitely tell you that as a lawyer, a professional, I don't like to defend against hypotheticals. If Clinton (or her staff) did one of those things, it might amount to obstruction of justice. But since Comey found no evidence of a crime that would warrant prosecution, perhaps you could cite the page of the FBI report that cites the behavior that was overlooked?