…it seems beyond dispute that Clinton withheld Benghazi-related information from Congress beginning September 20, 2012. There are laws that govern such behavior. To give two examples: 18 U.S. Code 1505 says that anyone who “obstructs, or impedes or endeavors to influence, obstruct, or impede…the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House, or any joint committee of the Congress” could face a five-year prison term, while 18 U.S. Code 1001 states that anyone who “falsifies, conceals, or covers up by any trick, scheme, or device a material fact” in the course of “any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress” could face a prison sentence of up to eight years.
The breadth of the documents gathered pursuant to subpoenas and seized pursuant to search warrants is amazing. Millions of documents, both in digital and paper copy, were subpoenaed and/or seized. Deputies seized business papers, computer equipment, phones, and other devices, while their targets were restrained under police supervision and denied the ability to contact their attorneys. The special prosecutor obtained virtually every document possessed by the Unnamed Movants relating to every aspect of their lives, both personal and professional, over a five-year span (from 2009 to 2013). Such documents were subpoenaed and/or seized without regard to content or relevance to the alleged violations of Ch. 11. As part of this dragnet, the special prosecutor also had seized wholly irrelevant information, such as retirement income statements, personal financial account information, personal letters, and family photos.
One could deconstruct his evasions line by line, but that would largely duplicate the content of many posts we have done over the past weeks and months. Instead, I want to focus on a few key issues. But first, this observation: if any of the reporters present had read the agreement, which is only 159 pages long, it was not apparent. Maybe reporters are not accustomed to reading legal documents; maybe they are too lazy to try; maybe they have read and understood the agreement and are just partisan hacks, covering for their president. But I have a full-time job, and nevertheless have read the agreement several times. Why can’t reporters do the same? That would seem to be a prerequisite to participating intelligently in a press conference on the subject.
