Diagnosis for Democracy
Insights into the State of Our Union
A Blog by Rob Tenery, MD


Will President Trump Determine Hillary Clinton's Fate?

By Rob Tenery, MD on November 14, 2016

 Now that Hillary Clinton is no longer protected by her political prominence, the idiom of kicking someone who is down comes to mind when talking about her future.

There seems to be no question that Ms. Clinton violated several federal laws with her unauthorized server that contained top-secret emails.  She also lied to Congress and the American people. She can also be charged with obstruction of justice for deleting 33,000 emails after Congress subpoenaed them. If these allegations are proven in court by Trump’s Justice Department, then Clinton could be facing incarceration. Additionally, both of the Clintons’ are accused of pay-to-play with the Clinton Foundation while Mrs. Clinton was Secretary of State.

There seems to be three possible outcomes for Mrs. Clinton: The first would be to not bring charges concerning Clinton’s unauthorized server and the top-secret emails as James Comey, head of Obama’s FBI, has already suggested. Additionally, drop any investigations into the Clinton’s Foundation, as already directed by AG Loretta Lynch. This option seems unlikely in a Trump administration, since it would raise a significant public outcry by the over 60 million of the electorate who voted against her.

The second option would be for Obama to pardon Hillary Clinton for any crimes that she has or might have committed during his Presidency. Most legal experts feel, while President Obama is in office, he has unconditional authority to pardon her for any crimes she committed or might have committed during his tenure. Several concerns arise from this option. The first is how can Obama pardon Clinton for crimes she claims not to have committed and has not yet been charged. Second, Obama may possibly be admitting his own culpability with a pardon, since it could imply he knew about her server, even communicated with her through it, then stated he found out about it only through the press release to the public. Additionally, both Clintons’ questionable relationship with the Foundation has yet to be fully investigated and will follow her, long after President Obama leaves office.

The third and most likely option is for Trump’s future Attorney General to convene a Grand Jury that would carefully look into any and all charges against both Clintons. That body could then render a decision either to drop the charges or recommend a formal trial, either focusing on Hillary’s email charges, her pay-to-play allegations or both.  This becomes even more complex, since Bill Clinton is involved with the Foundation. If Hillary is found guilty, a sentence would then be determined. Since Obama would no longer have any authority, her fate then lies with the court and President Trump.

This campaign should serve as an example of everything that is wrong with our political system. From Superdelegates, unfair media bias, collusion, sharing questions with the candidate before a debate, obstruction of justice, violation of federal election laws and possible pay-backs.

 Trump is now the duly elected President-Elect. The people have spoken!  After January 20th the decision of what to do about any remaining charges against Hillary is his.

Hillary Clinton appears to have violated federal laws that have caused others, on far lesser charges, to be incarcerated. How ironic it would be if Hillary’s future ended up in the hands of the man she has often called ‘unfit to be President’!





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