Beneath the drama of the primaries the FBI investigation into Hillary Clinton’s home-brew server keeps humming along, though one wouldn’t know it from the cursory coverage by the mainstream media. It’s not that there isn’t anything new to report. Romanian hacker Guccifer claims he got into Clinton’s server with ease, and the Kremlin asserts it’s in possession of 20,000 of her emails. Hillary’s standard verbal brush-off––“it’s a routine security inquiry” ––was exploded by FBI Director James Comey’s laconic “I don’t even know what that means . . . We’re conducting an investigation. That’s what we do.” But these new developments are dismissed by Democrats with increasingly desperate rationalizations and lies, and Republicans haven’t yet worked through the seven stages of grief over Donald Trump’s ascendancy, leaving little time to mine this scandal for electoral gold.
The Republicans need to get on with it. Sometime soon the FBI will release its report, and just based on what’s leaked so far, Clinton should be indicted for mishandling classified material. But “should ain’t is,” as my old man used to say. There are several scenarios that can follow the report, and most will reveal just how we have fallen from the fundamental principle of representative government going back to ancient Athens: equality before the law.
In the first scenario, the FBI recommends an indictment. Supporters of this view cite the institutional culture and professionalism of the FBI, which will be angry if after spending so many thousands of man-hours Clinton gets to walk. There is talk of mass resignations, similar to the 1973 “Saturday Night Massacre,” when the Attorney General and Deputy AG resigned after Richard Nixon fired the special prosecutor investigating the Watergate break-ins. Others cite the professional integrity of James Comey as the rock upon which their hopes rest. If undercut by the Attorney General, he too will resign, creating a storm of negative publicity for Clinton and the Democrats. In 2004, Comey threatened to resign when White House aides pressured the hospitalized AG John Ashcroft to overrule Comey’s refusal to certify the legality of important aspects of the NSA’s domestic surveillance program. A few years later in Congressional testimony Comey stoutly defended the independence of the Department of Justice.