A foregone conclusion that Clinton would not be charged

Andrew McCarthy writes at National Review,

…IG Horowitz took the position that it was not his job to question the correctness of the investigators’ legal conclusions and exercise of prosecutorial discretion. He blithely accepted the investigators’ crimped construction of knowledge-and-intent proof, making it a foregone conclusion that he would find their decision-making defensible — much as their adoption of this crimped standard, uncalled for by the applicable law, made it a foregone conclusion that Clinton would not be charged.

…Clinton’s willful concoction of a home-brew communications network — not a harried official’s occasional, exigent use of private email for official business, but her rogue institution of a private, non-government infrastructure for the systematic conduct of State Department business — made the non-secure transmission and storage of classified information inevitable.

…Fox News’s Catherine Herridge reports that two congressional committees have found that “foreign actors obtained access” to Clinton’s emails.

There is nothing in the statute that inflates “gross negligence” into a requirement that infractions be “so gross as to almost suggest deliberate intention,” be “criminally reckless,” or fall “just a little short of willful.” But even if there were, what could be more gross, reckless, and willful than imposing a non-secure private email system on the communications of the government’s highest-ranking national-security officials?

Yet that is the aspect of Mrs. Clinton’s conduct that the Obama Justice Department and FBI decided not to factor into their consideration of intent evidence. And apparently, the IG had no problem with that.

Read more here.