When Official Lawlessness Reigns, Disorder Follows
Amador calls for Resignation of FBI Director Comey
The FBI Director should do the honorable thing and resign immediately, so that the general public can regain faith in our criminal justice system and rule of law.
STOCKTON, CA, USA, July 8, 2016 /EINPresswire.com/ -- Today, the Former United States Marshal for the Eastern District of California, Antonio C. 'Tony' Amador, JD, calls for the Resignation of FBI Director James Comey.— Antonio Amador
As a person with nearly 40 years of law enforcement experience, I do not take this step lightly. I have never witnessed a more serious act of official dereliction of duty than the recent press conference held by James Comey, the Director of the FBI.
First, Comey carefully laid out the extensive legal case against then Secretary of State, Hillary Clinton. Then, the Director acted irresponsibly by recommending against prosecuting Secretary Clinton.
Analogy: imagine a Police Chief whose investigators find gross mishandling of sensitive information that puts the public at risk, who then holds a press conference urging the District Attorney not to prosecute. Director Comey recommended the Attorney General ignore the facts of the investigation and the plain reading of the law, and not prosecute a case.
The section of US law that -- by Comey’s own admission -- the FBI found Hillary violated:
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both.
and
(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
The law is clear. Director Comey spent most of his press conference detailing how Secretary Clinton violated the law.
Then FBI Director Comey who is sworn to uphold the law - let down all of us:
• The FBI Director publically recommended non-prosecution of Mrs. Clinton, based on his assertion-without-proof that there was no intent on her part to commit breaches of security with classified information.
o However, as the law above indicates, the standard of 'gross negligence' does not require ‘intent.’
o By using ‘intent,’ which does not appear in the applicable law; Comey rewrites the law, which only Congress may do.
• Comey specifically stated that Clinton's actions exhibited ‘great carelessness.’ Ordinary carelessness is ‘negligence’ under the law. ‘Great carelessness is gross negligence under the law; they are equivalent terms!
o Through great carelessness/gross negligence, Clinton removed documents relating to the national defense from their place of custody.
o The law says Secretary Clinton “shall be fined under this title or imprisoned not more than ten years, on both.”
o James Comey arbitrarily and unilaterally ignored the law to benefit Mrs. Clinton.
• Comey broke the standard protocol of a confidential written recommendation to the DOJ.
o Substituting his own judgment over that of the DOJ and a Federal Grand Jury as to whether prosecution was merited, thereby relieving Loretta Lynch of a decision she should have made on her own.
o Were it not for a media reporter uncovering a clandestine meeting between the Attorney General and ex-President Bill Clinton, the public at large would not be aware of the highly political nature of the investigation.
• The FBI Director has turned the Bureau into a 'political' machine serving the needs of the Washington elites.
o Comey gave Attorney General Loretta Lynch political cover at the highest level.
o The general public has lost faith in the federal criminal justice system, and change from the top is needed immediately.
• There should never be one set of rules for the elites and another for the rest of us.
o When an elite person excuses another elite person from the law, others feel less constrained to follow the law. #PrayforDallas
For these reasons, Director Comey is derelict in his duty to enforce the law. The FBI Director should do the honorable thing and resign immediately, so that the general public can regain faith in our criminal justice system and rule of law.
Many of us who have family and friends in Law Enforcement are shocked and saddened by the killings of heroic police officers in Dallas. Perhaps this is an example of when official lawlessness reigns, disorder follows.
Amador was a former Los Angeles Police officer, Director of the California Youth Authority, Narcotic Addict Evaluation Authority Member, Youthful Offender Parole Board member and United States Marshal for the Eastern District of California. He is a graduate of the University of the Pacific, McGeorge School of Law and recently a member of the San Joaquin Grand Jury. Tony Amador is currently a candidate for the U.S. House of Representatives, from the 9th District in California.
[All statements above are from Tony Amador and any complete sentence may be attributed as a quote.]
John Feliz
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