As a former Justice Department official, I have, of late, been asked by both Democratic and Republican friends whether Hillary Clinton could be indicted for her email related actions. The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes. But for reasons that will be discussed later, it is unlikely that she will be.
1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information
2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally
4.) 18 U.S. Code § 641 – Public money, property or records
5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations
7.) 18 U.S. Code § 1031 — Fraud against the United States 18 U.S. Code § 1343 – Fraud by wire, radio or television 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud” 18 U.S. Code § 371 – Conspiracy to defraud the United States
8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense
“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”
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