January 21, 2016: Former US Attorney General Michael Mukasey writes an editorial entitled “Clinton’s Emails: A Criminal Charge Is Justified.”

Attorney General Michael Mukasey (Credit: Charles Dharapak / The Associated Press)

Attorney General Michael Mukasey (Credit: Charles Dharapak / The Associated Press)

Writing in the Wall Street Journal, Mukasey argues that “intelligence community investigators believe it is nearly certain that Mrs. Clinton’s server was hacked, possibly by the Chinese or the Russians… [F]rom her direction that classification rules be disregarded, to the presence on her personal email server of information at the highest level of classification, to her repeated falsehoods of a sort that juries are told every day may be treated as evidence of guilty knowledge—it is nearly impossible to draw any conclusion other than that she knew enough to support a conviction at the least for mishandling classified information.” (The Wall Street Journal, 1/21/2016)

January 30, 2016: Former US Attorney General Michael Mukasey explains how classified information is kept separate.

This photo of a secret government facility shows how information of different classification levels reside on different systems on different computers, to prevent cross over. (Credit: Director of National Intelligence and Special Security Office)

This photo of a secret government facility shows how information of different classification levels reside on different systems on different computers, to prevent cross over. (Credit: Director of National Intelligence and Special Security Office)

Mukasey is asked if classified markings on Clinton’s “top secret” emails would have been removed before being emailed to Clinton. He replies, “Well, the documents originated someplace. They didn’t drop in from Mars. The person who originated them necessarily put classified markings on them… Now how did the markings get off? […] [There] is very particular language relating to the fact that there are three communication systems within the government. Non-secure, SIPR [Secret Internet Protocol Router Network or SIPRNet] or secure, and the highest, which is JWICS [Joint Worldwide Intelligence Communications System]. The information from SIPR and from JWICS cannot move on the low end system, and if you put anything on there that’s got those markings on it, it essentially sets off an alarm that alerts people involved with security.”

He concludes, “[I]f she has signals intelligence or information from a human source that is obviously confidential and secret and relates to intelligence activities of the United States abroad, she’d have to have been a low grade moron in order to not know that it’s classified.” (CNN, 1/30/2016)

October 30, 2016: Former Attorney General Mukasey claims Comey is in a no-win situation due to his earlier failure to pursue a vigorous Clinton email investigation.

Michael Mukasey (Credit: The Associated Press)

Michael Mukasey (Credit: The Associated Press)

Michael Mukasey, the US attorney general from 2007 to 2009, writes an editorial in the Wall Street Journal with the title: “The FBI Director’s Dishonorable Choice.”

He suggests that FBI Director James Comey’s recent highly controversial reopening of the FBI’s Clinton email investigation shortly before the 2016 US presidential election is due to earlier mistakes Comey made in the investigation.

“Recall that Mr. Comey’s authority extends only to supervising the gathering of facts to be presented to Justice Department lawyers for their confidential determination of whether those facts justify a federal prosecution. Nonetheless, in July [2016] he announced that ‘no reasonable prosecutor’ would seek to charge her with a crime, although Mrs. Clinton had classified information on a private non-secure server—at least a misdemeanor under one statute; and although she was ‘extremely careless’ in her handling of classified information such that it was exposed to hacking by hostile foreign nations—a felony under another statute; and apparently had caused the destruction of emails—a felony under two other statutes.”

He continues, “Those decisions were not his to make, nor were the reasons he offered for making them at all tenable: that prosecutions for anything but mishandling large amounts of classified information, accompanied by false statements to investigators, were unprecedented; and that criminal prosecutions for gross negligence were constitutionally suspect.”

He also points to immunity deals made with key suspects that even included destroying their computers after limited searches, and a failure to get to the bottom of computer technician Paul Combetta’s destruction of Clinton’s emails in March 2015, supposedly done entirely on his own for no clear motive. “Why would an FBI director, who at one time was an able and aggressive prosecutor, agree to such terms or accept such a fantastic story?”

He also claims that emails between President Obama and Clinton on her private server suggested that “if Mrs. Clinton was at criminal risk for communicating on her non-secure system, so was [Obama].” The FBI needs the cooperation of a grand jury, and only the legal authority of a grand jury would give the FBI subpoena power to conduct a real investigation. If Attorney General Loretta Lynch refused to allow a grand jury, Comey “could have gone public with his request, and threatened to resign if it was not followed. … Instead, Mr. Comey acceded to the apparent wish of President Obama that no charges be brought.”

That lack of courage put Comey in his no-win situation when more evidence happened to come to light shortly before Election Day. (The Wall Street Journal, 10/30/2016)