If the FBI has gone through all of that evidence over the past year - as Comey indicated they had - 'the interview with her is not going to be as crucial.' Typically, investigators would be leaning in one direction or the other before that interview began, Lenzner added. The case, he said, would have been made on objective, independent evidence like the emails. When the interview comes at the end of the investigation, that 'formal interview is unlikely to be the thing that the case turns on,' said Lenzner. Neither Melendrez nor Lenzner seemed surprised by the brief time that elapsed between Clinton's FBI interview Saturday and Comey's announcement Tuesday. I have no knowledge of it being used before.' 'It is exceedingly rare for the department or FBI to base a felony prosecution on that lower standard. Theoretically, a felony prosecution could be based on this, but it's not likely, Melendres said. 'Just sending between Clinton and her staff might not meet the standard,' he added. The classified emails might have been delivered to improper entities like foreign government actors, members of the media, or, say, your biographer, Lenzner said, referring to the Petraeus case. To meet that standard, according to Lenzner, prosecutors could be looking for instances of large-scale transmission of classified documents, for instance. He was referring to part of the Espionage Act, section (f), says Melendres.

'The most difficult element to satisfy is the willfulness requirement,' said veteran prosecutor James Melendres, a partner at Snell & Wilmer. It's that first standard - willfulness - that sets the high bar. or indications of disloyalty to the United States.or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct.'clearly intentional and willful mishandling of classified information.

Comey himself said Tuesday that the cases the FBI has historically prosecuted have involved one or a combination of the following: 'What I don't really understand is after he lists this laundry list of violations, he comes to that conclusion,' said Ryan Wednesday.īut prosecutors have a different view. Republicans are puzzled about why it is FBI Director James Comey declined to recommend prosecuting Hillary Clinton, but they'll have a chance to ask him about his reasoning Thursday, when he testifies before Congress.Ĭount Paul Ryan among the confused. New York. In all six cases the court did not accept the plaintiff’s Second Amendment challenges, ruling in Attorney General James’ favor that those claims were not made in the lower courts and therefore could not be argued in the appellate court.FBI Director James Comey to testify on Capitol Hill 03:05 The Court of Appeals issued decisions in six gun-related cases: David v. My office will always stand up to protect New Yorkers and defend the gun safety laws designed to keep firearms out of the hands of dangerous individuals.” Individuals who illegally possess a weapon are a threat to our communities and should be held accountable for the harm they pose. “Gun safety laws protect New Yorkers and are commonsense tools in the fight against gun violence. The New York State Court of Appeals declined to hear those Second Amendment challenges. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. The six cases involved individuals who tried to overturn charges of illegal possession of a weapon in light of the U.S. NEW YORK – New York Attorney General Letitia James released the following statement after her office successfully argued against Second Amendment challenges in six cases in the New York State Court of Appeals involving gun possession charges. State Court of Appeals Rejected Challenges to Gun Possession Charges in Aftermath of SCOTUS Bruen Decision

Will ag charge clinton