Can the FBI force the DOJ to prosecute Hillary Clinton?

Presidential candidate Hillary Clinton has met the five necessary requirements to sustain charges of mishandling classified materials.

The Department of Justice (DOJ) has no time limit to review the FBI's recommendation and evidence in Hillary Clinton's email scandal - but the FBI has the power to force their hand to review Clinton's case before Election Day.

LOS ANGELES, CA (Catholic Online) - According to the National Review, former attorney general of Virginia, Ken Cuccinelli, believes Hillary Clinton's email scandal satisfies the five necessary requirements to sustain charges of mishandling classified materials.

The requirements come from U.S. Code Title 18 Part I Chapter 93, code 1924, which, in part, states: "Whoever ... becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location."

During a Congressional inquiry that occurred earlier this month, the inspector general of the intelligence community, Charles McCullough III,  reported Clinton possessed and created "documents and materials containing classified information." He also stated: "several dozen e-mails containing classified information determined..to be...CONFIDENTIAL, SECRET, and TOP SECRET/SAP [special access programs - classified above top secret] information" on Clinton's private server have been examined by an intelligence official.

Cuccinelli reported Clinton "knowingly removed such documents or materials," and that she committed the same crime three times -the first being when the set her e-mail system to move messages to and through the private and unsecured server, again when she moved the server to the private company Platte River Networks and once more when the server's contents were transferred to her private lawyers.

Per code 1924, Clinton was never legally allowed to remove classified information from secure locations, prompting Cuccinelli to say: "Simply being secretary of state does not allow Hillary Clinton to 'authorize herself' to deviate from the requirements of retaining and transmitting classified documents, materials, and information. There is no known evidence, and Clinton has not asserted, that her arrangement to use the private e-mail server in her home was undertaken with proper authority as it relates to classified documents, materials, or information."

Cuccinelli believes FBI Director James Comey's agents will recommend Clinton's indictment to the DOJ, particularly as there is no time limit for the DOJ to review the FBI's recommendation and evidence in Clinton's email scandal case.

Should the DOJ choose to hold their review of Clinton's case until after Election Day, several high-level FBI officials, including Cuccinelli, are prepared to resign in protest.

Comey nearly resigned once before when he believed White House politics were getting out-of-hand. The Justice Department determined the Bush administration's domestic-surveillance program was illegal and Bush later agreed. Following Bush's admission, Comey told Congress he, and several others, had been prepared to take part in a mass resign should the White House ignore or defy the Justice Department's assessment.

It is believed that Comey's history in rallying people to take part in mass resignations may recur should the DOJ twiddle their thumbs until after Election Day.

Comey obviously does not stand for unpatriotic conduct and will take action to stand for "justice for all."

Should Comey and high-level FBI personnel choose to protest with mass resignation, the DOJ will be forced to investigate Clinton's case in a timely manner, which holds the potential to remove her from the presidential running.

---

The California Network is the Next Wave in delivery of information and entertainment on pop culture, social trends, lifestyle, entertainment, news, politics and economics. We are hyper-focused on one audience, YOU, the connected generation. JOIN US AS WE REDEFINE AND REVOLUTIONIZE THE EVER-CHANGING MEDIA LANDSCAPE.