LAWYER: Did Comey Obstruct Justice Using Invented Loophole To Protect Hillary From Prosecution?

In an op-ed Wednesday, Fox News legal analyst Gregg Jarrett lays out a scenario whereby former FBI director James Comey may have obstructed justice by ‘protecting Hillary Clinton from prosecution.’

According to Sen. Chuck Grassley, Comey edited his original statements in which he called Clinton’s handling of classified information an act of “gross negligence” to “extremely careless.”

Jarrett points out that the terms are “largely synonymous under the law,” and may have set Clinton up for further investigation or prosecution, despite exoneration.


Gregg Jarrett writes on Comey’s original drafts concerning the Clinton investigation:

[T] he words “gross negligence” were edited out with red lines. The words “extremely careless” were substituted. This would appear to show that Comey knew Clinton violated the law but subsequently resolved to conjure a way to exonerate her by altering the language. […]

Many standard jury instructions, such as those in California and elsewhere, say the two terms mean the same thing. That is, gross negligence is an extreme departure from ordinary care. In other words, extremely careless behavior.

Either Comey is not well-versed in the law or he sought to draw a fine distinction where none exists. Nevertheless, he employed it as an excuse to protect Clinton from prosecution in a case that should have rendered 110 criminal charges against her.

Comey must now testify under oath to explain why he would write a statement of exoneration well before all the facts were known and why he would change the language to clear Clinton in the face of incriminating evidence that she mishandled classified material through gross negligence.


If Comey prevented the prosecution of Clinton – even though there was sufficient and compelling evidence to indict her – then such interference or intervention in the due administration of the law would constitute obstruction of justice by Comey.

In effect, Jarrett is suggesting Comey may have invented a legal loophole to allow Clinton to get off the hook.

Documents released in August show former FBI head James Comey exonerated Hillary Clinton before the investigation into her email conduct had concluded. Even more concerning is “Mr. Comey even circulated an early draft statement to select members of senior FBI leadership,” reports Townhall.

Townhall reports:

According to new transcripts released by the Senate Judiciary Thursday afternoon, former FBI Director James Comey made the decision not to refer then Democrat presidential candidate Hillary Clinton for prosecution long before ever interviewing key witnesses. Members of the Committee allege Comey made the decision months before FBI agents were finished with the criminal investigation of her mishandling classified information during her time as Secretary of State.


“According to the unredacted portions of the transcripts, it appears that in April or early May of 2016, Mr. Comey had already decided he would issue a statement exonerating Secretary Clinton.  That was long before FBI agents finished their work.  Mr. Comey even circulated an early draft statement to select members of senior FBI leadership.  The outcome of an investigation should not be prejudged while FBI agents are still hard at work trying to gather the facts,” the letter, signed by Chairman Chuck Grassley and Committee member Lindsey Graham states. “Conclusion first, fact-gathering second—that’s no way to run an investigation.  The FBI should be held to a higher standard than that, especially in a matter of such great public interest and controversy.”

As The Gateway Pundit’s Jim Hoft previously reported, former FBI Assistant Director James Kallstrom believes Comey set out to protect the Clintons from the very begining of the email investigation.

James Kallstrom: This whole thing was a joke to begin with, this so-called investigation of Hillary Clinton… The fact that a grand jury was never empaneled would tell any investigator, I don’t care if you’ve only been on the job for a day, that this whole thing was not going to be legitimate. And it wasn’t. It was an absolute joke… It makes no sense and he makes no sense. He makes no sense. He was just a total embarrassment. He let the American people down by not looking at these crimes… The crimes would land a normal person in Leavenworth federal prison.

Via FOX Business Network:

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