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Does Federal Law prohibit Hillary Clinton from becoming president?
Jun 26, 2016 12:45:54   #
jdobbinsPHD
 
There are provisions in Federal law that may prohibit Hillary Clinton from becoming President of the United States. This has to do with her email scandal and continuing revelations of the classified emails on her unclassified server and the newest email disclosures from what was found on the Uma Abedein account in which Hillary told her she did not want to set up a State.gov account connection because she did not want anyone at State to have access to her personal account. This is enough to prove intent, and meets the "willful" requirement of Title 18 Section 2071(b). What follows is a copy of the official US Code section that is pertinent to this discussion.

18 U.S. Code Section 2071 - Concealment, removal, or mutilation generally

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)


(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101-510, div. A, title V, 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103-322, title XXXIII, ¯330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

"shall forfeit his office and be disqualified from holding any office under the United States" is pretty explicit. Willfulness is clear in everything Hillary has done with regard to her email account, especially since everything on that account was officially government property. When she co-mingled anything that might possibly have been personal - and we will not know until all 33,00 of the emails she deleted are made known - with all the rest that is clearly government property, then under Federal Law it all became government property. Just as a lawyer cannot co-mingle client funds with his or her own funds, Hillary could not co-mingle government property with her personal property. All that is required to come under the purview of this statute is to willfully do the act, and it is obvious this was all done willfully, from setting up the server to using the account for government business, to having highly classified emails on the account. In a previous post I explained the ridiculousness of her claim that she received nothing "marked classified" on her account.

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Jun 26, 2016 13:17:59   #
marjorie kinne
 
jdobbiosPHD With all these laws you have given, Then why isn't this Hillary in prison, no jail, but prison?

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Jun 26, 2016 13:49:33   #
mcmlx
 
marjorie kinne wrote:
jdobbiosPHD With all these laws you have given, Then why isn't this Hillary in prison, no jail, but prison?


Because Obeyme has a magic pen and phone.

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Jun 26, 2016 14:11:00   #
bmac32 Loc: West Florida
 
Why is a very good reason but I believe the GOP big boys would rather loose and have Clinton with, they are afraid of Trump!



marjorie kinne wrote:
jdobbiosPHD With all these laws you have given, Then why isn't this Hillary in prison, no jail, but prison?

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Jun 26, 2016 21:13:55   #
jdobbinsPHD
 
Because the mainstream media are protecting and shielding her. This ought to be the headline news on ABC, CBS, and NBC, but you will never see it reported there. I am hoping that if enough people are aware of it they will make it become the news. There is really no more important news item right now than this.

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Jun 27, 2016 11:13:16   #
Terry Draheim
 
Are you posting this information on facebook and twitter? This would go viral if you were.

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Jun 27, 2016 12:03:09   #
jdobbinsPHD
 
I posted it on my Facebook page, Donald Trump's Facebook page, and my local conservative talk radio Facebook page. Got a couple of likes, but not much more.

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Jun 28, 2016 16:35:54   #
mouset783 Loc: Oklahoma
 
jdobbinsPHD wrote:
There are provisions in Federal law that may prohibit Hillary Clinton from becoming President of the United States. This has to do with her email scandal and continuing revelations of the classified emails on her unclassified server and the newest email disclosures from what was found on the Uma Abedein account in which Hillary told her she did not want to set up a State.gov account connection because she did not want anyone at State to have access to her personal account. This is enough to prove intent, and meets the "willful" requirement of Title 18 Section 2071(b). What follows is a copy of the official US Code section that is pertinent to this discussion.

18 U.S. Code Section 2071 - Concealment, removal, or mutilation generally

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
Oh no here comes another Executive order that will take care of that.

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101-510, div. A, title V, 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103-322, title XXXIII, ¯330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

"shall forfeit his office and be disqualified from holding any office under the United States" is pretty explicit. Willfulness is clear in everything Hillary has done with regard to her email account, especially since everything on that account was officially government property. When she co-mingled anything that might possibly have been personal - and we will not know until all 33,00 of the emails she deleted are made known - with all the rest that is clearly government property, then under Federal Law it all became government property. Just as a lawyer cannot co-mingle client funds with his or her own funds, Hillary could not co-mingle government property with her personal property. All that is required to come under the purview of this statute is to willfully do the act, and it is obvious this was all done willfully, from setting up the server to using the account for government business, to having highly classified emails on the account. In a previous post I explained the ridiculousness of her claim that she received nothing "marked classified" on her account.
There are provisions in Federal law that may prohi... (show quote)

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