A good friend of mine sent me a very long text yesterday after the memes about Hillary Clinton started flying back and forth. You know the ones about laws being for the little people or the poor people… He called it his Rant du Jour. I called it a masterpiece.
Kenneth Baldwin is a former Marine and Army dog. He was a co-worker until he got railroaded. He’s smart and prepared. He’s one of those guys that after you meet him you sit back into the protective pillows of your recliner and whisper, “Shit. I never thought of it that way.” Like I said, he’s a good friend. He’s one of about five people who if they called for help, I’d go on a leave of absence to come assist. Here is his take on the FBI “investigation” and their conclusions.
Ken’s Rant du Jour:
The FBI Director is often touted as the “Top Law Enforcement Officer of the Land” and is supposed to be a super cop. I am not a super cop; I am a reformed cop. However, since 1984, I have been through more than a few classes on criminal law, substantive law, and procedural law.
I recall from my studies Mens Rea- you know, Culpable Mental State- whereas we would consider such a thing in determining whether a crime had been committed in order to validate our probable cause.
So, if I recall from the school house, those mental states are:
Knowingly, Intentionally, Recklessly, or With Criminal Negligence. Been a while, am I close?
I also recall that those mental states are mutually exclusive, meaning that if one committed an act With Criminal Negligence, then by definition they could not have had Intent. And, though a negligent crime usually has a lesser degree and lesser penalty attached, IT IS STILL CHARGED! That is why we have DEGREES of crimes!
So, when The FBI Director said that Killary did in fact show criminal negligence in her actions and inactions, but he didn’t recommend prosecution because she didn’t show intent…
How? Is? This? Not? Criminal?
A crime of negligence does not require intent; in fact if intent were present, it would then not be a negligent crime, but a higher level crime due to the INTENT.
Prosecutors are supposed to be on the side of Justice, and they are the ones who recommend and proffer charges. Law enforcement officers do not make recommendations of charges, they impartially investigate and report. If the act is in-progress or “fresh” they will arrest on probable cause and write a detailed report of their findings. Still, the prosecutor makes the call on charges.
For Comey to even publicize his opinion is possibly a malfeasance, and he should be looked at for sanctions and censure. His duty was only to report on the investigation, not to pull a publicity stunt for the Heir Apparent to Emperor Hussein.
End of Rant
Sentry’s thoughts:
I told you, he is a smart guy.
How odd it is that only days after an unpublicized highly unethical, unrecorded, unphotographed, yet highly planned meeting between Bill Clinton and Attorney General Loretta Lynch, that this finding is arrived at. The Navy is putting the screws to a Reservist who did exactly what Comey said Clinton did–careless handling of classified material. Yet she just gets a few days of bad press.
Do you think maybe that a few years from now that Comey and Lynch both retire comfortably with the buried and filtered millions they will receive from the Clinton Foundation? The fix is in? It always was.