Lock Her Up?
National Politics

Lock Her Up?

President Trump should direct the FBI to immediately refer all of its currently held evidence to the Department of Justice for consideration of the prosecution of criminal charges related to her private email server and any, related obstruction of justice allegations. Further, he should direct his law enforcement agencies to renew their investigation of this entire situation, including Madam Secretary and any of her associates who may have been involved.

I fully admit that I am no fan of Hillary Clinton. Frankly, I am not a huge (“Yuuuuuge?”) fan of President Trump, either. But this is not about some sort of weird revenge against Hillary Clinton; this is an important necessity to demonstrate to all US citizens that justice is applied fairly in this country to all citizens.

My personal belief is that there is a very, very small group of people who would have been able to do what Secretary Clinton did without facing federal charges, or at least the serious possibility of them. If you listen to Director Comey’s list of ‘sins’ from his July 5, 2016, press conference where he indicated he would not be pressing charges, it is clear that there was at least a reasonable possibility of federal, criminal culpability. I have read a great deal about Director Comey’s suggestion that she could be exonerated (or not prosecuted) due to a lack of “intent” that the statute does not require, but I am not in a position today to state whether he was right or not. What I will say, though, is that difficult legal decisions in a high profile, federal case should be made by the lawyers at the Department of Justice, not by law enforcement officers at the FBI.  The FBI investigates potential crimes; the DOJ decides whether to prosecute them.

Donald Trump proclaimed often and loudly that he would “lock her up.” He made this promise because he either believed she was guilty of a federal crime, or it was a shameless pander to the rest of us to try to win the election. Only one choice leaves our President with any honor: he believed it to be true, and he will investigate and prosecute because he sincerely is on the side of the ‘little guy.’

He would demonstrate that he recognizes that if one of us did what Secretary Clinton did with classified information on her private email server (which we now know was apparently “hacked” by the Russians in their alleged attempts to “hack the election”), we would not walk free without so much as a charge. I can think of a high school kid who received more punishment for posting allegedly inappropriate thoughts about girls on the internet. Could any of us get away with this, all while publicly lying and denying? I do not believe so. A failure to investigate and, if warranted, prosecute, would demonstrate that there is a very, very small group of people in this country who are, essentially, above the law. This includes high level, politically influential people on both sides of the aisle and, probably the very wealthy.

But it sure doesn’t include us.

And that’s not right.

January 17, 2017

About Author

Gregg Smith Gregg Smith is a Great Falls attorney and businessperson. He writes a monthly column for the Great Falls Tribune.


8 COMMENTS ON THIS POST To “Lock Her Up?”

  1. Don petrini says:

    I do believe that he should have them look into it . Then that brings up the question that if he dose and the do charge and prosecute her will that stir up all the democrats so that in 2020 they really cause a mess up in the election. Personally I don’t think that they will drop it that easily , they will fight this Trump victory to the end

  2. ECB Staff says:

    Comey cited a lack of intent, but the statute at issue cites “gross negligence.” Isn’t the point of negligence that people don’t intend to be negligent?

  3. Ken Thompson says:

    She should be investigated and if probable is established, charged with the crime. No one should be above the law. It is not complicated.

  4. Mrs. Corine Lindhorst says:

    It would be a waste of time and money. The FBI concluded there was no criminal wrongdoing or intent to violate laws concerning the handling of classified information on the part of Clinton or her staff.

  5. Gregg Smith says:

    Ms. Lindhorst, did you even read the piece?

    “What I will say, though, is that difficult legal decisions in a high profile, federal case should be made by the lawyers at the Department of Justice, not by law enforcement officers at the FBI. The FBI investigates potential crimes; the DOJ decides whether to prosecute them.”

  6. Bill Furdell says:

    Can’t believe that the article is serious. Satire perhaps? LOL

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