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Hillary’s High Crimes and Misdemeanors

If Hillary Clinton is elected president on Tuesday, and if what Bret Baier is reporting from FBI sources on Fox News is true, America is headed for a constitutional crisis.

Indeed, it would seem imperative that FBI Director James Comey, even if it violates protocol and costs him his job, state publicly whether what Baier’s FBI sources are telling him is false or true.

The people have a right to know—before Tuesday.

For, if true, Clinton could face charges in 2017 and impeachment and removal from office in 2018.

According to Baier, FBI agents have found new emails, believed to have originated on Clinton’s server, on the computer jointly used by close aide Huma Abedin and her disgraced husband, Anthony Weiner.

Abedin’s failure to turn this computer over to the State Department on leaving State appears to be a violation of U.S. law.

Moreover, the laptops of close Clinton aides Cheryl Mills and Heather Samuelson, thought destroyed by the FBI, were apparently retained and are “being exploited” by the National Security division.

And here is the salient point. His FBI sources told Baier, “with 99 percent” certitude, that Clinton’s Chappaqua server “had been hacked by at least five foreign intelligence services.”


If this is so, Hillary Clinton as security risk ranks right up there with Alger Hiss and Harry Dexter White, though they acted out of treasonous ideology and she out of Clintonian hubris. What do these foreign intelligence agencies know about Clinton that the voters do not?

The second revelation from Baier is that the Clinton Foundation has been under active investigation by the white-collar crime division of the FBI for a year and is a “very high priority.”

Specifically, the FBI is looking into published allegations of “pay-to-play.” This is the charge that the Clinton State Department traded access, influence, and policy decisions to foreign regimes and to big donors who gave hundreds of millions to the Clinton Foundation, along with 15 years of six-figure speaking fees for Bill and Hillary.

According to Baier’s sources, FBI agents are “actively and aggressively” pursuing this case, have interviewed and re-interviewed multiple persons, and are now being inundated in an “avalanche of new information” from WikiLeaks documents and new emails.

The FBI told Baier that they anticipate indictments.

Indeed, with the sums involved, and the intimate ties between high officials of Bill’s foundation, and Hillary and her close aides at State, it strains credulity to believe that deals were not discussed and cut.

Books have been written alleging and detailing them.

Also, not only Fox News but also the Wall Street Journal and other news sources are reporting on what appears to be a rebellion inside the FBI against strictures on their investigations imposed by higher ups in the Department of Justice of Attorney General Loretta Lynch.

Director Comey has come under fire from left and right—first for refusing to recommend the prosecution of Clinton, then for last week’s statement about the discovery of new and “pertinent” emails on the Abedin-Weiner computer—but retains a reputation for integrity.

And he knows better than any other high official the answer to a critical question that needs answering before Tuesday: has Baier been fed exaggerated or false information by FBI agents hostile to Clinton?

Or has Baier been told the truth?

In the latter case, we are facing a constitutional crisis if Clinton is elected. And the American people surely have a right to know that before they go to the polls on Tuesday.

What is predictable ahead?

Attorney General Lynch, whether she stays or goes, will be hauled before Congress to explain whether she or top aides impeded the FBI investigations of the Clinton scandals. And witnesses from within her Justice department and FBI will also be called to testify.

Moreover, Senate Republicans would block confirmation of any new attorney general who did not first promise to appoint a special prosecutor to investigate the email and pay-to-play scandals, and any pressure from Lynch’s Justice Department on the FBI.

Even Democrats would concede that a Department of Justice staffed by Hillary Clinton appointees could not credibly be entrusted with investigating alleged high crimes and misdemeanors by former Secretary of State Clinton and confidants like Abedin and Mills.

An independent counsel, a special prosecutor, appears inevitable.

And such individuals usually mark their success or failure by how many and how high are the indictments and convictions they rack up.

However, these processes proceed at a torpid pace.

First comes the setting up of the office and the hirings, then the investigations, then the grand-jury appearances, then the indictments, then the prosecutions, then the horse-trading for the testimony of the accused and the convicted in return for immunity or leniency.

Steadily, it moves up the food chain. And when a head of state is involved, it is a process deeply debilitating to the nation.

We have gone through this before, twice.

Do we really want to go through it again?

Patrick J. Buchanan is a founding editor of The American Conservative and the author of the book The Greatest Comeback: How Richard Nixon Rose From Defeat to Create the New Majority [1].

34 Comments (Open | Close)

34 Comments To "Hillary’s High Crimes and Misdemeanors"

#1 Comment By Aegis On November 4, 2016 @ 2:08 am

Pat, have a stiff drink and calm down. None of that is going to happen. Comey will be sent into retirement and all of those slimy leaking FBI agents will be disciplined. I guess it does not matter to those agents, or even Comey himself, if the comparisons to the bad old FBI of Hoover’s reign come up. No one should be accused of a crime by innuendo like Comey did to Clinton.

#2 Comment By Steve Gibson On November 4, 2016 @ 3:23 am

The problem here is the FBI dissidents are desperate to decide the election. I long for the good old days when the government branch that told me who could be president was the Supreme Court.

#3 Comment By JonF On November 4, 2016 @ 6:11 am

There’s no “Constitutional crisis” in the offing. The Constitution has a clear path for impeachment if that is warranted, and a path to the succession of the presidency.
Also, Nixon’s Justice Dept was staffed by Nixon appointees and that did not save his presidency.

#4 Comment By Kurt Gayle On November 4, 2016 @ 8:55 am

Bret Baier: “We learned there is a confidence from these [FBI] sources that her server had been hacked. And that it was a 99% accuracy that it had been hacked by at least five foreign intelligence agencies, and that things had been taken from that…”

If that FBI information is correct, we can assume with a fair degree of certainty that at least five foreign governments (and probably more by now) know more about the inner workings of the US State Department and other arms of the US government than all but a small number of highly-placed Americans.

In other words, Hillary Clinton has through her negligence and dereliction of duty allowed the heart of vital US government operations to be compromised, breached and made available to foreign governments.

Hillary Clinton is unfit to hold high office.

#5 Comment By Lou Belle On November 4, 2016 @ 9:24 am

Isn’t this article based on a stale premise? Baier already walked back the “FBI sources” claim yesterday afternoon. The claims have been downgraded to made by outsiders who know somebody at the FBI.

#6 Comment By Johann On November 4, 2016 @ 10:11 am

Prediction – While it could be that foreign intelligence agencies hacked into the emails, it will come to light that private hackers not connected to foreign governments also hacked into the emails, and it will come to light that one of these private hackers provided the emails to wikileaks. Going further out on a limb here, I predict we will find out that it was Kim Dotcom. He has a huge bone to pick with Obama, Clinton, and the Hollywood lobby.

#7 Comment By Karel On November 4, 2016 @ 10:55 am

The “deplorable” have had enough with the globalists and elitists, and this goes especially for the unaccomplished, corrupt politician, Clinton. Even if only partially true, what is disclosed about this politician, it would be a disaster for the ordinary, patriotic people to be governed by this illegitimate candidate. We need a real renewal/reformation in DC. With Trump, we have a chance to start this process, with Clinton, we head for a crash.

#8 Comment By Publius On November 4, 2016 @ 11:02 am

“Hillary Clinton is unfit to hold high office.”

Hasn’t stopped people from voting for her. Hell, nearly 60% of students at Notre Dame voted for her in a recent straw poll. The rule of law means nothing when it comes to the US Presidency. The era in which “unfit” is felt as some sort of salient sting is effectively over.

That is why we are, as we speak, in a cold civil war.

#9 Comment By Ken T On November 4, 2016 @ 11:19 am

What Lou Belle said. Pat, by the time this article was published, Baier had already retracted the claim that his “sources” were in the FBI. So the entire story is nothing more than yet another unsubstantiated smear campaign. You can and should do better than this.

#10 Comment By Chris Chuba On November 4, 2016 @ 11:59 am

One of the things I had only recently considered is that Hillary might be even more reckless because of her mounting legal problems if she is elected. I’m basically floating the wag the dog theory. She would welcome a foreign policy crisis to delay or suspend any legal proceedings against herself while she stacks the deck with more friendly appointments in the Justice Dept.

If HRC goes the Uber-hawk route, she could even pick up a few useful idiots on the Republican side like Marco Rubio. I can just hear him now, ‘When facing tyrants, like Putin who threaten our way of life and our ability to lead the M.E. into a stable and peaceful future both Republicans and Democrats must rally around even a flawed leader. America is great because we are good, even of our leaders are not perfect.’

Long live Pax Americana, long live endless wars and endless chaos of our own making. Pride comes before a fall.

#11 Comment By Rabiner On November 4, 2016 @ 12:23 pm

Isn’t “Constitutional Crisis” when Republican Senators state openly that they’ll block SCOTUS appointees by Clinton indefinitely and let that branch of gov’t to die out?

#12 Comment By Jay L On November 4, 2016 @ 12:53 pm

Pat take a deep breath and think for 5 seconds, there is a big hole in this story. If an FBI insider wanted this information to get out and also be believed they would not leak it to FOX which at this point only has limited credibility even with Republicans.

#13 Comment By lcw On November 4, 2016 @ 12:55 pm

Bret Baier: “We learned there is a confidence from these [FBI] sources that her server had been hacked. And that it was a 99% accuracy that it had been hacked by at least five foreign intelligence agencies, and that things had been taken from that…”

And conveniently the 5 countries are Russia, Iran, North Korea, China and venezuela. If we have the technology to determine who spied on us a year ago, Cyber hacking would be extinct. Unless of course all 5 countries volunteered the news. Pat: Assumptions based on what we don’t understand could lead to serious doubts.

#14 Comment By Joe the Plutocrat On November 4, 2016 @ 1:14 pm

Crisis? How about Constitution in action? If Clinton is elected and subsequently indicted, we have laws in place to ensure justice. Ironically, it would appear nobody inside the Beltway has much regard for the Constitution (both parties, ALL branches of government). Then again, in a little over a month, millions of Americans will go to sleep with fantasies of a jolly old man in a red suit delivering gifts….

#15 Comment By FL Transplant On November 4, 2016 @ 1:43 pm

Since Baier has walked back his claim to a “it’s somebody who knows somebody in the FBI” level of confidence looks like the story that forms the basis of this screed is collapsing of its own weight.

As, for some reason, every breathless story promising an expose in the near future of Clinton malfeasance that somehow disappears when the expose is never forthcoming.

#16 Comment By Joe On November 4, 2016 @ 2:14 pm

I would have thought that Buchanan would have had a better idea what a “constitutional crisis” was. Of course he’s still in love with Nixon.

#17 Comment By Andy On November 4, 2016 @ 2:47 pm

“Trump is unqualified to be president.” Said by almost the entire nation, a year ago.
“No, CLINTON is unqualified to be president, so there!”
Said by Republicans trying very hard not to feel buyer’s remorse too keenly.

#18 Comment By balconesfault On November 4, 2016 @ 4:03 pm

We have gone through this before, twice.

Do we really want to go through it again?

Do we really want to give Fox News and some unnamed FBI agents the power to influence our election through unsourced innuendo?

#19 Comment By Kurt Gayle On November 4, 2016 @ 4:22 pm

@ Lou Belle and Ken T:

Bret Baier has, indeed, clarified some portions of his earlier report. At the same time Baier continues to stand behind other portions of his report:

#20 Comment By Fred Bowman On November 4, 2016 @ 6:12 pm

Hillary Clinton, 1st Woman President and 1st Woman President to face impeachment. How far has America fallen. I’m a veteran, and love my country but broken hearted how far our country and what it stands for as fallen.

#21 Comment By bt On November 4, 2016 @ 7:10 pm

Why is this a thing and Bush’s private email server is not?

I don’t want to make it sound like 2 wrongs make a right, but Bush lost millions of emails from his private white house server. The ones where they were plotting the Iraq War. Karl Rove was found in contempt of Congress and didn’t even testify.

So what happens to the Bush people? Do I see multiple congressional witch hunts and FBI operations over this? Nope. Because somehow when Republicans do things this, it’s legal. If Democrats do it, it’s treason.

It’s just such massive hypocrisy. I think the Democrats are such patsies to let the GOP play them like this year after year like this.

#22 Comment By Billybob9 On November 4, 2016 @ 7:38 pm

There’s plenty of room for mischief between now and the Inauguration of the Trump Administration

The Clintonistas will do every bit of it but in the end you’ll see many of them leaving the country ~ if even 10% of the material in the Podesta files is true, or if even 1% of the 650,000 Weiner files pan out.

These people didn’t imagine technology would allow us to so quickly search so many tens of thousands of documents to find just what we wanted.

As we recall, not long ago the State Department crowd were providing PRINTED emails to the FBI ~ guess they didn’t know SCANNING technology has advanced substantially and they can read anything now!

How utterly boring that exercise was.

The NYPD has their own copy of the Weiner files anyway, and I look for them to be released 100% to a public venue the second the Clintonistas Act Out.

#23 Comment By Dr. Diprospan On November 5, 2016 @ 7:46 am

Mr. Buchanan when I read your article, I remembered an old movie from my
youth – “Point Break.” In this film bad guys wore masks of presidents to get money by dishonest means. Their chief ideologue claimed that life must be the adrenaline, and the money is the means for such a life.
But one brave FBI agent did not agree with them…
In 1917, there was unrest in Russia. Professional revolutionary Trotsky denied the consummation of the October Revolution. He considered it only as a first step towards a socialist revolution in the West and around the world. Trotskyists have considered people who lived in Russia, as a fuse for the world revolution.
Destruction of conservative traditions, the explosive growth of social changes pumped adrenaline into the blood stream to the maximum levels. But you probably know that the Russians prefer ethanol to adrenaline and then the Trotskyists began to emigrate to the United States. In the 1930s, from Europe to a New World, a German philosopher of Jewish origin – Leo Strauss also emigrated. Strauss bore in himself initial fear of the totalitarian regimes, so the purpose of his political doctrine was the creation of a world in which such regimes would become impossible. Mankind, according to Strauss, is divided into two kinds of people: the elite, chosen to rule, and ignorant plebeian masses. Since there is a terrible danger of totalitarianism in the world, the democratic state must always be ready for war. It is necessary to cultivate a warlike spirit, creating an image of an external enemy. But the main purpose for the elite of the democratic state – is retention of power at any cost. “Ignorant crowd” – is dangerous, because that’s what led to Hitler! The elite must resort to direct deception “plebeian masses” who are unable, because of their ignorance to get into the intricacies of statecraft that it would not happen again ( the so-called “Doctrine of the noble lie”). Thus changing political apparel, ideological languages, followers of Strauss, in fact, never ceased to be Trotskyists, and the teaching of Strauss is a kind of conservative version of the “world revolution” for which you want to take power in the strong democratic state of the planet, and then through the gradual expansion of “constructive chaos” and “permanent war” to achieve power on a planetary scale.
If Trump sees America as the traditional State which honestly compete with others on the political and economic field, the Democrats and the neocons want to see the United States as a political hegemon, whose mission – to seize the planetary power on the point break of their messianic dream.
Do Americans really want to go through it again as Russians have gone through this before? We know the answer very soon.

#24 Comment By Ken T On November 5, 2016 @ 9:29 am

Kurt Gayle:

He is standing by his belief that there is something there. But nothing changes the fact that his entire belief is based on unreliable sources with no evidence.

#25 Comment By Aegis On November 5, 2016 @ 7:36 pm

“And here is the salient point. His FBI sources told Baier, “with 99 percent” certitude, that Clinton’s Chappaqua server “had been hacked by at least five foreign intelligence services.”

As a person with much knowledge on the subject I can assure you that that is absolutely not true. What is true however is that State email servers have been hacked at least three times since 2008. Christ the NSA has been hacked twice in the last three years.

#26 Comment By Laurelhurst On November 5, 2016 @ 9:03 pm

Independent counsel is the not the same thing as a special prosecutor. Kenneth Starr was the last independent counsel in America, I think, since the statute has been allowed to expire. And I cannot imagine Hillary or the Democrats allowing a new independent counsel to be appointed after Mr. Starr’s performance.
There will be endless congressional investigations, unfilled cabinet positions, massive claims of executive privilege, and in the end Clinton will skate, just like she always does.

#27 Comment By Laurelhurst On November 5, 2016 @ 9:06 pm

“Trump is unqualified to be president.” Said by almost the entire nation, a year ago.
“No, CLINTON is unqualified to be president, so there!”

Can’t they both be right?

#28 Comment By sjb On November 5, 2016 @ 9:22 pm

I honestly do not understand how anyone would think a President Hillary and Clinton.Inc. would ever allow a true investigation to unfold. The evidence shows she’s up to her eyeballs in rotten transactions all over the nation and the world. Check out this small set of examples from an NRO article:

While Clinton apologists call the foundation a font of beneficence, its 2014 IRS filings show that it spent a whopping 5.76 percent of its funds on actual charitable activities — far below the 65 percent that the Better Business Bureau calls kosher. That paltry figure also mocks Hillary’s Las Vegas lie, uttered at the final presidential debate on October 19: “We at the Clinton Foundation spend 90 percent — 90 percent of all the money that is donated on behalf of programs of people around the world and in our own country.” The Clinton Slush Fund . . . uh . . . Foundation seems to be mainly a travel and full-employment program for Hillary’s government in waiting.

It’s also a bribe pump that sucks in money and spews out favors. As detailed in Peter Schweizer’s Clinton Cash, the IRS wanted information on some $20 billion in 52,000 accounts that well-heeled Americans deposited with the Union Bank of Switzerland. So, UBS gave $60,000 to the Clinton Foundation. Hillary then met in March 2009 with Swiss foreign minister Micheline Calmy-Rey and then intervened with IRS officials on UBS’s behalf. Like magic, IRS asked UBS for only 4,450 accounts — roughly 91 percent fewer than IRS first demanded.

Also, a Canadian investor named Frank Giustra donated to the Clinton Foundation. He and several investors then bought U.S. uranium concessions through a Canadian firm called Uranium One. They also gave $145 million to the Clinton Foundation. A Russian-government-owned company then offered to buy Uranium One. Because uranium is a strategic asset, Hillary’s State Department had to approve the deal. It did. The Clinton Foundation’s donors cashed in. And Russia now owns 20 percent of America’s uranium assets.

Read more at: [2]

#29 Comment By Rob On November 6, 2016 @ 12:14 pm

On Clinton’s inauguration day (God forbid), simply proceed directly from the steps of the Capitol to the House chamber and impeach her. Just to get off on the right foot.

#30 Comment By A.J. Kinnamamn On November 6, 2016 @ 3:56 pm

UPDATE: No crimes and no misdemeanors. Center-Left wonk vs the grifter. You choose.


#31 Comment By Ken T On November 6, 2016 @ 5:43 pm

And now Comey has confirmed that there was nothing new in the Abedin e-mails, and the investigation is closed.

#32 Comment By CascadeJoe On November 6, 2016 @ 8:34 pm

Concerning Hillary’s email server. It falls under the perview of Scalia’s Rubber Stamp, the one that says “Stupid, But Constitutional”. Time to move on to something else. Worry more about the stupidity of our last decade plus of Middle East activities and if it will continue.

#33 Comment By Johan On November 6, 2016 @ 9:38 pm

Hillary is a walking, talking embodiment of ‘target rich environment’ for investigations. It should be an entertaining 4 (or less) years.

#34 Comment By Matt Williams On November 7, 2016 @ 6:56 am

And…the FBI announce that they found nothing incriminating on Weiner’s computer.