On Monday morning, Trump tweeted out how giddy he was that his faithful bootlicker, Sean Hannity, was appearing on his favorite show, Fox and Friends. Hannity did his job of getting Trump’s little cheeto all puffy by declaring that the failure to prosecute Hillary Clinton, which he dishonestly blamed on James Comey, was the “biggest abuse of power in the history of this country.”
Hannity espoused a complicated conspiracy theory that he said proved Clinton was the only person who colluded with Russia in the 2016 campaign. And he railed against former FBI Director James Comey for refusing to prosecute Clinton over her unauthorized email server.
“The only way that I can characterize this — it is the biggest abuse of power in the history of this country,” he opined. “For James Comey, when you have so many crimes that Hillary committed… If you were trying to prevent congressional oversight and you broke the law and you put a server that we now know was hacked by at least five or six outside foreign entities.”
Hannity continued: “If you put it outside of where it’s supposed to be, mishandle it with classified, top secret and special access program information, those emails get subpoenaed. You don’t have the right to delete 33,000 of them at that point. And if you did, you’d be arrested.”
At which point, Trump leaned back in bed and lit up a cigarette. All of this has been debunked over and over again, of course, but Hannity is much like the object of his affection in that he will repeat a lie no matter how many times it’s been shown to be false if it suits his agenda. First of all, Comey is not the person who decides whether to prosecute or not. The FBI does the investigating, it’s up to a US Attorney whether to file criminal charges or not.Now, the irony here is that Hannity is actually calling attention to a campaign promise that Trump has explicitly decided not to follow through on. Remember that during one of their debates, Trump looked directly at Hillary Clinton and said, “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation” and later told her that if he were elected, “You’d be in jail.” If the evidence is so clear, why hasn’t the Trump DOJ done this? Why hasn’t one of his hand-picked US Attorneys filed criminal charges? Because the evidence doesn’t support such a charge and it would be virtually impossible to get a conviction.
What she did by using private email rather than her government email to conduct business was a violation of State Department policy, but not a violation of the law. And since her Republican predecessors, like Colin Powell, had done the same thing, it would be difficult to make such a stink about it. (The real problem with using private email is that it isn’t subject to FOIA requests and that’s a serious reason why no government official should be allowed to use private email addresses to conduct business.)
And no, we do not “know” that the server “was hacked by at least five or six outside foreign entities.” In fact, the FBI said it had no evidence that it was. There was evidence of hacking attempts, but they appear to have been stopped by the security measures on the server. That doesn’t prove that they weren’t hacked, but the claim that we “now know” that it was is just a lie. And the fact that none of the emails on those servers have ever been released by a hacker strongly suggests that they were not.