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There is no ‘necessary intent,’ Mr. Comey.

Posted by John Reed on

Comey keeps saying he did not find the “necessary intent.” There is no necessary intent. What is necessary is intent OR gross negligence. Comey should be forced to explain what more Hillary needed to do for him to find gross negligence.

The lead here is Comey did not recommend prosecution because he, a former prosecutor, and his fellow prosecutors, all by themselves, have decided that gross negligence is not enough. They have placed themselves above the Congress and president and the Constitution and given themselves the power to repeal the words “gross negligence” from the pertinent part of the U.S. Code.

Arguably, the various prosecutors who have had opportunities to prosecute gross negligence cases and who did not should be prosecuted for not faithfully executing the law. I know that there is prosecutorial discretion on what to prosecute with regard to local resources. But when all the prosecutors in the land simultaneously refuse to prosecute gross negligence with regard to secret documents, it is prosecutorial nullification, not discretion.

Here in CA, the media once discovered that the state supreme court was not letting anyone on death row be executed. They had a million ad hoc reasons, but the bottom line was they had, in effect, repealed the state law regarding the death penalty by finding one excuse after another for preventing all executions. We recalled their asses, by referendum, including the chief justice. That is, we fired them. The new justices started letting executions go forward, although I suspect they are back to the never-execute mode again. Neither judges nor prosecutors have the authority to systematically ignore the duly enacted laws.
When he was CA governor, Arnold Schwarzenegger refused to commute any death penalties. His native village was going to honor him. They cancelled it because he allowed death row inmates in CA to be executed. Then, I guess, they went off to do other brilliant things like letting hundreds of thousands of Middle Easterners into their country.

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