Law vs. Hot Air

Debating Hillary's Email Scandal with Judge Jeanine this morning on Fox & Friends, I made two points.

One: The email scandal that has tarnished the former Secretary of State's campaign is, at its heart, a political rather than strictly legal controversy. Without getting too deeply in the bushes, there are two statutes most often cited as the "crimes" she is alleged to have committed: 18USC1519 on the Destruction, Alteration and Falsification of certain records; and, 18USC2071 on the Concealment, Removal or Mutilation of records. Both are crimes that require intent.

There is no proof that she intended to give classified information to anyone not cleared to receive it.

Save your cards and letters. This is my legal assessment of the strength of the case against her. Nothing she sent or received was marked classsified, and no hot air from the right changes that fact.. Therefore, as I have been saying since last Spring, there is zero chance Hillary will be indicted.

Two: The political aspect of this controversy has had a far more powerfully negative impact on Hillary's political future. It has made her once inevitable nomination problematic, and has led to Senator Sanders improbable rise. Because of the hurricane of inflammatory rhetoric directed her way, she seems like she's hiding something and broke the rules, then lied about it. That hot air will not get her indicted, but fairly or not, it has scorched her reputation and torched her easy road to the nomination.