Last week’s Washington Post bombshell, the news that the Justice Department has given immunity from prosecution to the former State Department staffer who maintained Hillary Clinton’s “homebrew” email server, is forcing Mrs. Clinton and her apologists to alter their media strategy.
For months it has been obvious that a serious criminal investigation of the former secretary of State’s reckless mishandling of classified information has been underway. Yet Camp Clinton has maintained that the government is merely engaged in a “security inquiry” that is focused on the physical server itself — not a probe of criminal suspects. This has never made sense. The FBI, which has assigned many agents to the case, is in the criminal investigation business.
Plus, when the now-immunized former staffer, Bryan Pagliano, invoked his Fifth Amendment privilege in refusing to testify before the House Benghazi committee, it signaled that he feared truthful answers would incriminate him.
Now with Pagliano apparently poised to cooperate with the FBI, the claim that Mrs. Clinton is not a criminal suspect is untenable. So Clinton and her supporters are changing tack: instead of implausibly insisting there is no crime to investigate, they argue that there is no crime worth prosecuting.
This narrative was first floated a few months ago. The story goes like this: retired General David Petraeus, the former CIA director, committed a classified information offense that — according to Clintonistas — was far more serious than Mrs. Clinton’s conduct, yet Petraeus was permitted to plead guilty to a single misdemeanor count. Ergo, a prosecution of Mrs. Clinton over her comparatively minor misconduct cannot be justified.