Justplainbill's Weblog

November 3, 2016

Indictment of Hillary Possible, by Joseph John, Capt USN ret [nc]

Filed under: Political Commentary — justplainbill @ 2:30 pm

Today at 8:39 AM
Indictment of Hillary Clinton Very Possible; Felonies Include Bribery, Fraud, and Obstruction of Justice

By Capt Joseph R. John, November 3, 2016

Fifty years ago Ayn Rand so aptly described Hillary Clinton’s Corrupt Money Laundering RICO Enterprise

“Watch money. Money is the barometer of a society’s virtue. When you see that trading is done, not by consent, but by compulsion — when you see that in order to produce, you need to obtain permission from men who produce nothing — when you see that money is flowing to those who deal, not in goods, but in favors — when you see that men get richer by graft and by pull, than by work, and your laws don’t protect you against them, but protect them against you — when you see corruption being rewarded and honesty becoming a self-sacrifice — you may know that your society is doomed.”
—philosopher and novelist Ayn Rand (1905-1982)

The WikiLeaks E-mails revealed the magnitude of Hillary’s corruption, Hillary’s deceit, and her criminal transmission of over 2000 Secret, Top Secret, Top Secret Compartmented Special Access E-mails on a unclassified server located in the basement of her home. The American people learned from the FBI and from WikiLeaks messages, that Hillary’s unclassified server was hacked 10 times, on one day alone, and according to FBI sources, there is a 99% chance that 5 foreign Intelligence Agencies hacked into Hillary’s unclassified server over a 4 year period. The FBI is investigating those violations under the Espionage Act of the United States.

Access to Secret and Top Secret Compartmented Special Access E-mails by Foreign Hackers:

1) Ended up in compromising US Intelligence methods
2) Resulted in the loss of life of US intelligence assets in foreign countries
3) Put highly sensitive classified material in play by many unfriendly foreign governments
4) Revealed the lack of security at the Benghazi US Mission, and aided 125 Islamic Terrorists to kill the US Ambassador and 3 other Americans in Libya
5) Put 5 Foreign Intelligence Agencies in a position to blackmail Hillary Clinton, if she is ever elected as the US President.

The magnitude of Hillary’s criminal violations of the National Security Laws of the United States in her handling, transmission, and receipt of over 2000 highly classified E-mails, on an unclassified server, over a 4 year period, requires impaneling of a Grand Jury to investigate her actions. Hillary’s Top Secret clearance should be revoked. If the US Government ever hopes to enforce the National Security Laws of the United States with regard to the handling of classified documents by civil service personnel, members of the US Armed Forces, and civilian contractors, it must take legal action in Hillary’s case.

The American people also learned from the WikiLeaks E-mails that the Assistant Attorney General of the United States, Peter Kazdzik, a close personal friend and former lawyer of John Podesta, Hillary’s Presidential Campaign Chairman, leaked sensitive details on the FBI investigation of Hillary criminal violations of US National Security Laws in sending and receiving highly classified messages. The actions of the Assistant Attorney General reveals a conflict of interest and corrupt practices by the Attorney General’s Office.

For over a year, the White Collar Crime Division of the FBI, has been investigating the “pay to play” criminal corrupt activities of the Clinton Foundation. Attorney General Lynch and some of the supervisors at FBI Headquarters in Washington, DC refused to permit the issuance of subpoenas, or the impaneling of a Grand Jury to investigate the criminal corruption and money laundering of the Clinton Foundation in violation of the RICO Law (the Corrupt Organization act of 1971). Disregarding the attempt by Attorney General Lynch to frustrate the investigation of the Clinton Foundation, FBI Agents in 5 offices pressed forward with their investigation of public corruption and money laundering of the Clinton Foundation.

The RICO scheme involved (a) the exchange of political favors, access, and influence for millions of dollars in donations; (b) the circumvention of campaign-finance laws that prohibit political donations by foreign sources; (c) a vehicle for Mrs. Clinton to shield her State Department E-mail communications from public and congressional scrutiny while she and her husband exploited the fundraising potential of her position; and (d) a means for Clinton insiders to receive private-sector compensation and explore lucrative employment opportunities while drawing taxpayer-funded government salaries. The White Collar Crime Division has announced that an indictment of Hillary Clinton is likely; the listed felonies include bribery, fraud, and obstruction of justice.

Hillary leveraged her public office as Secretary of State to enrich herself, she transmitted 33,000 E-mails on a private server in the basement of her home, in order to keep those E-mails out of public scrutiny if they had been transmitted on a State Department server. Hilary then deleted those 33,000 E-mails, that would have betrayed her corrupt “Pay For Play” activities and the money laundering. One of the “Pay For Play” charges was that Hillary betrayed the people of the United States by approving the sale 20% of the strategic uranium production of the United States to Vladimir Putin for payment of $139 million to the Clinton Foundation.

Attorney General Lynch structured an “Immunity Deal” to protect Hillary Clinton, by authorizing the destruction of the hard drives of Cherly Mills and Heather Samuelson laptops. It was an attempt to prevent the FBI Agents investigating the Clinton Foundation Case from seeing what was on those hard drives with regard to “Pay For Play” and money laundering criminal activities. It didn’t work, because the FBI Agents refused to destroy the hard drives, because those hard drives are evidence in a criminal case.

Despite Attorney General Lynch attempts to tie the hands of the FBI Agents investigating the corruption and money laundering of the Clinton Foundation. the FBI Agents in the White Collar Crime Division of the FBI disregarded Attorney General Lynch’s attempt to close down the investigation into the corruption of what happened to hundreds of millions of dollars. Only 6% of the hundreds of millions of the “pay to play” funds collected, were donated to charity.

The balance of the hundreds of millions of dollars funds collected by the Clinton Foundation were used to cover massive overhead expenses, heavy luxury travel expenses, the lavish salaries of staff who were parked in the Clinton Foundation on salary, until they could be transferred to the Clinton for President Campaign 4 years later. Some of the people working for the State Department, like Huma Abedin, John Podesta, Cheryl Mills, and others were illegally paid an obscene second salary from the Clinton Foundation.

The review of Huma Abedin computer and hand held devices revealed 650,000 E-mails, including many State Department E-mails that that were never submitted to the Congress in compliance with the Congressional subpoena issued to Hillary to turn in all State Department E-mails. The FBI Agents in the National Security Division investigating the case, continued the investigation, nonstop (despite Director Comey statement that he wasn’t recommending an indictment); they are going thru every one of the 650,000 E-mails, recalling & interrogating witnesses who were previously interviewed a second and third time.

The National Security Division and the White Collar Crime Division of the FBI, should not be pursuing separate tracks in their cases against Hillary Clinton, they should be pursuing one case on Criminal Corruption, Money Laundering, Violating the National Security Laws of the US, Fraud, Bribery, Violation of the Rico Laws, Violating the Espionage Act, and Obstruction of Justice. Rudi Giuliani who was the United States Attorney for the Southern District of New York and prosecuted the pivotal case against the American Mafia, stated on national television, that Hillary has violated between 20 and 30 Federal Laws, and he feels he can easily get convictions on most of those cases

Hillary couldn’t handle the security of a 13 acre US Mission in Benghazi, Libya; her failure to provide the sufficient security after 12 desperate requests by US Ambassador Stevens over a 9 month period, resulted in the death of the US Ambassador, two US Navy SEALs, and a State Department Communication Specialist. The American people should not turn the National Security of the United States over to Hillary Clinton, it would be disastrous. Hillary Clinton and Bill Clinton have both been disbarred, and will never be permitted to practice law again, because of their corruption and dishonesty—Hillary is unfit and unqualified to be President.

Copyright by Capt Joseph R. John. All Rights Reserved. The material can only posted on another Web site or distributed on the Internet by giving full credit to the author. It may not be published, broadcast, or rewritten without the permission from the author.

Joseph R. John, USNA ‘62
Capt USN(Ret)/Former FBI
Chairman, Combat Veterans For Congress PAC
2307 Fenton Parkway, Suite 107-184
San Diego, CA 92108



Then I heard the voice of the Lord, saying, “Whom shall I send, and who will go for Us?” Then I said, “Here am I. Send me!”
-Isaiah 6:8

Clinton’s State Department: A RICO Enterprise

by Andrew C. McCarthy III, National Review, October 29, 2016

Felony mishandling of classified information, including our nation’s most closely guarded intelligence secrets; the misappropriation and destruction of tens of thousands of government records — these are serious criminal offenses. To this point, the Justice Department and FBI have found creative ways not to charge Hillary Clinton for them. Whether this will remain the case has yet to be seen. As we go to press, the stunning news has broken that the FBI’s investigation is being reopened. It appears, based on early reports, that in the course of examining communications devices in a separate “sexting” investigation of disgraced former congressman Anthony Weiner, the bureau stumbled on relevant e-mails — no doubt connected to Huma Abedin, Mr. Weiner’s wife and, more significantly, Mrs. Clinton’s closest confidant. According to the New York Times, the FBI has seized at least one electronic device belonging to Ms. Abedin as well. New e-mails, never before reviewed by the FBI, have been recovered.

The news is still emerging, and there will be many questions — particularly if it turns out that the bureau failed to obtain Ms. Abedin’s communications devices earlier in the investigation, a seemingly obvious step. As we await answers, we can only observe that, whatever the FBI has found, it was significant enough for director James Comey to sense the need to notify Congress, despite knowing what a bombshell this would be just days before the presidential election.

One thing, however, is already clear. Whatever the relevance of the new e-mails to the probe of Clinton’s classified-information transgressions and attempt to destroy thousands of emails, these offenses may pale in comparison with Hillary Clinton’s most audacious violations of law: Crimes that should still be under investigation; crimes that will, in fitting Watergate parlance, be a cancer on the presidency if she manages to win on November 8.

Mrs. Clinton appears to have converted the office of secretary of state into a racketeering enterprise. This would be a violation of the RICO law — the Racketeer Influenced and Corrupt Organizations Act of 1971 (codified in the U.S. penal code at sections 1961 et seq.).

Hillary and her husband, former president Bill Clinton, operated the Clinton Foundation. Ostensibly a charity, the foundation was a de facto fraud scheme to monetize Hillary’s power as secretary of state (among other aspects of the Clintons’ political influence). The scheme involved (a) the exchange of political favors, access, and influence for millions of dollars in donations; (b) the circumvention of campaign-finance laws that prohibit political donations by foreign sources; (c) a vehicle for Mrs. Clinton to shield her State Department e-mail communications from public and congressional scrutiny while she and her husband exploited the fundraising potential of her position; and (d) a means for Clinton insiders to receive private-sector compensation and explore lucrative employment opportunities while drawing taxpayer-funded government salaries.

While the foundation did perform some charitable work, this camouflaged the fact that contributions were substantially diverted to pay lavish salaries and underwrite luxury travel for Clinton insiders. Contributions skyrocketed to $126 million in 2009, the year Mrs. Clinton arrived at Foggy Bottom. Breathtaking sums were “donated” by high-rollers and foreign governments that had crucial business before the State Department. Along with those staggering donations came a spike in speaking opportunities and fees for Bill Clinton. Of course, disproportionate payments and gifts to a spouse are common ways of bribing public officials — which is why, for example, high-ranking government officeholders must reveal their spouses’ income and other asset information on their financial-disclosure forms.

While there are other egregious transactions, the most notorious corruption episode of Secretary Clinton’s tenure involves the State Department’s approval of a deal that surrendered fully one-fifth of the United States’ uranium-mining capacity to Vladimir Putin’s anti-American thugocracy in Russia.

The story, significant background of which predates Mrs. Clinton’s tenure at the State Department, has been recounted in ground-breaking reporting by the Hoover Institution’s Peter Schweizer (in his remarkable book Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich) and the New York Times. In a nutshell, in 2005, under the guise of addressing the incidence of HIV/AIDS in Kazakhstan (where the disease is nearly nonexistent), Bill Clinton helped his Canadian billionaire pal Frank Giustra to convince the ruling despot, Nursultan Nazarbayev (an infamous torturer and human-rights violator), to grant coveted uranium-mining rights to Giustra’s company, Ur-Asia Energy (notwithstanding that it had no background in the highly competitive uranium business). Uranium is a key component of nuclear power, from which the United States derives 20 percent of its total electrical power.

In the months that followed, Giustra gave an astonishing $31.3 million to the Clinton Foundation and pledged $100 million more. With the Kazakh rights secured, Ur-Asia was able to expand its holdings and attract new investors, like Ian Telfer, who also donated $2.35 million to the Clinton Foundation. Ur-Asia merged with Uranium One, a South African company, in a $3.5 billion deal — with Telfer becoming Uranium One’s chairman. The new company proceeded to buy up major uranium assets in the United States.

Meanwhile, as tends to happen in dictatorships, Nazarbayev (the Kazakh dictator) turned on the head of his state-controlled uranium agency (Kazatomprom), who was arrested for selling valuable mining rights to foreign entities like Ur-Asia/Uranium One. This was likely done at the urging of Putin, the neighborhood bully whose state-controlled atomic-energy company (Rosatom) was hoping to grab the Kazakh mines — whether by taking them outright or by taking over Uranium One.
The arrest, which happened a few months after Obama took office, sent Uranium One stock into free fall, as investors fretted that the Kazakh mining rights would be lost. Uranium One turned to Secretary Clinton’s State Department for help. As State Department cables disclosed by WikiLeaks show, Uranium One officials wanted more than a U.S. statement to the media; they pressed for written confirmation that their mining licenses were valid. Secretary Clinton’s State Department leapt into action: An energy officer from the U.S. embassy immediately held meetings with the Kazakh regime. A few days later, it was announced that Russia’s Rosatom had purchased 17 percent of Uranium One. Problem solved.

Except it became a bigger problem when the Russian company sought to acquire a controlling interest in Uranium One. That would mean a takeover not only of the Kazakh mines but of the U.S. uranium assets as well. Such a foreign grab requires approval by the Committee on Foreign Investment in the United States, a powerful government tribunal that the secretary of state sits on and heavily influences. Though she had historically postured as a hawk against foreign acquisitions of American assets with critical national-security implications, Secretary Clinton approved the Russian takeover of Uranium One. During and right after the big-bucks Russian acquisition, Telfer contributed $1.35 million to the Clinton Foundation. Other people with ties to Uranium One appear to have ponied up as much as $5.6 million in donations.

In 2009, the incoming Obama administration had been deeply concerned about the potential for corruption were Hillary to run the State Department while Bill and their family foundation were hauling in huge payments from foreign governments, businesses, and entrepreneurs. For precisely this reason, the White House required Mrs. Clinton to agree in writing that the Clinton Foundation would annually disclose its major donors and seek pre-approval from the White House before the foundation accepted foreign contributions. This agreement was repeated flouted — for example, by concealing the contributions from Telfer. Indeed, the foundation was recently forced to refile its tax returns for the years that Secretary Clinton ran the State Department after media reports that it failed to disclose foreign donations — approximately $20 million worth.

Under RICO, an “enterprise” can be any association of people, informal or formal, illegitimate or legitimate — it could be a Mafia family, an ostensibly charitable foundation, or a department of government. It is a racketeering enterprise if its affairs are conducted through “a pattern of racketeering activity.” A “pattern” means merely two or more violations of federal or state law; these violations constitute “racketeering activity” if they are included among the extensive list of felonies laid out in the statute.

Significantly for present purposes, the listed felonies include bribery, fraud, and obstruction of justice. Fraud encompasses both schemes to raise money on misleading pretexts (e.g., a charitable foundation that camouflages illegal political payoffs) and schemes to deprive Americans of their right to the honest services of a public official (e.g., quid pro quo arrangements in which official acts are performed in exchange for money). Both fraud and obstruction can be proved by false statements — whether they are public proclamations (e.g., “I turned over all work-related e-mails to the State Department”) or lies to government officials (e.g., concealing “charitable” donations from foreign sources after promising to disclose them, or claiming not to know that the “(C)” symbol in a government document means it is classified at the confidential level).

The WikiLeaks disclosures of e-mails hacked from Clinton presidential-campaign chairman John Podesta provide mounting confirmation that the Clinton Foundation was orchestrated for the purpose of enriching the Clintons personally and leveraging then-Secretary Clinton’s power to do it. Hillary and her underlings pulled this off by making access to her contingent on Clinton Foundation ties; by having top staff service Clinton Foundation donors and work on Clinton Foundation business; by systematically conducting her e-mail communications outside the government server system; by making false statements to the public, the White House, Congress, the courts, and the FBI; and by destroying thousands of e-mails — despite congressional inquiries and Freedom of Information Act demands — in order to cover up (among other things) the shocking interplay between the State Department and the Clinton Foundation.

Under federal law, that can amount to running an enterprise by a pattern of fraud, bribery, and obstruction. If so, it is a major crime. Like the major crimes involving the mishandling of classified information and destruction of government files, it cries out for a thorough and credible criminal investigation. More important, wholly apart from whether there is sufficient evidence for criminal convictions, there is overwhelming evidence of a major breach of trust that renders Mrs. Clinton unfit for any public office, let along the nation’s highest public office.

Andrew C. McCarthy III is a former assistant U.S. attorney for the Southern District of New York. He led the 1995 terrorism prosecution against Sheikh Omar Abdel Rahman and eleven others. The defendants were convicted of the 1993 World Trade Center bombing and of planning a series of attacks against New York City landmarks. He also contributed to the prosecutions of terrorists who bombed U.S. embassies in Kenya and Tanzania. He resigned from the Justice Department in 2003. He is a contributing editor of National Review and a senior fellow at the National Review Institute.


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