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Clinton unlikely to face perjury charges in email scandal

History is not on Republicans' side as they push for an FBI probe into whether Clinton lied to lawmakers about her emails.

By SARAH WHEATON

 

07/07/16 03:45 PM EDT

House Republicans are pushing for a new FBI investigation into whether Hillary Clinton lied to Congress during her marathon testimony before the Benghazi committee, but if history is any guide, the chances of perjury charges are practically nil.

“It will be a shark with no teeth,” said Rusty Hardin, the lawyer who successfully defended the pitcher Roger Clemens when he was charged with lying to Congress about doping in 2010. “Perjury is a very, very difficult crime to prosecute.”

 

House Oversight Committee Chairman Jason Chaffetz on Thursday told FBI Director James Comey that Republicans will soon send a referral to probe Clinton’s past statements to lawmakers about her use of a private email server while she was secretary of state – a scandal that has dogged her presidential campaign.

While Comey announced on Tuesday that the FBI would not recommend charges against Clinton for her improper handling of classified information, he also laid out findings from the investigation that directly contradicted Clinton’s past statements.

He added to the damage for Clinton when he explicitly said at the hearing on Thursday that some of Clinton’s explanations – including her statement under oath before the Benghazi hearing last year that she had never sent or received classified messages – were “not true.”

But Hardin, who worked as a prosecutor for 15 years before opening his private practice in Houston, said the Justice Department rarely moves to charge people with perjury before Congress, and they’re unlikely to make a decision one way or the other before the election.

Even if they did bring her to trial, the defense is likely pretty straightforward: she believed what she was saying at the time, even if it turned out to be inaccurate.

The fact that Clemens was even charged with perjury – lawmakers said he lied when he told a panel in 2008 that he’d never used steroids or human growth hormone – makes his case an outlier.

According to a widely cited 2007 study by P.J. Meitl in the Quinnipiac Law Review, only six people had been convicted of perjury to Congress going back to the 1940s – and two of them were related to the Watergate scandal, another from Iran-Contra.

That doesn’t mean Congress hasn’t been pushing the Justice Department to hold more people accountable.

“They get referrals all the time,” said Hardin, reached as he watched the Comey testimony on television from his vacation in Florida. “Every time a congressman gets bent out of shape about something, they try to refer it.”

http://www.politico.com/story/2016/07/clinton-email-perjury-republicans-225250

Edited by Capt.Storm
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