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Elena, good article, analysis — a small legalistic point though. DoJ did not say there was not enough evidence. Commey said there is strong evidence to indicate a violation of law, but no “intent”. He then went on to say that he could find no previous case law that showed any case was prosecuted on gross negligence (which was another part of the statute AND his characterization of her being “extremely careless” is actually that definition). Please note, there is a difference between indict and convict…she could have still been indicted, but he also had to balance his likelihood of conviction in a highly public case, the results of which would be AFTER the election (and probably resulted in a loss or draw (which in this case is the same) and then endure another rant against the DoJ for tanking an election for a ‘favorite’ as happened in Senator Stevens (prosecutor misconduct invalidated a conviction). Not many people can afford their own private server or 8 attorneys to be with them for just a depo…the only thing guaranteed was that it would have been a very long trial….

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