Former U.S. Attorney General Michael Mukasey tells Newsmax TV
that the FBI could recommend criminal charges be lodged against Hillary Clinton — only to have that advice quashed by President Barack Obama.
As well, Americans might never be told if a recommendation for an indictment against the Democratic presidential front-runner were to be swept under the rug, Mukasey said Monday on "The Steve Malzberg Show."
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"The fact is that the president can direct the attorney general not to bring charges. The attorney general works for the president and the president can order that," said Mukasey, who also served as chief judge in U.S. District Court.
Asked if that news would leak out, Mukasey told Malzberg: "Not necessarily."
But, he added, "I can't believe that you wouldn't get people resigning in the wake of something like that, the same way that we did at the time of Watergate."
Clinton is under FBI investigation for her use of a private server to conduct confidential government business while she was secretary of state.
Mukasey said he has faith the agency will call it like they see it.
"I have confidence in the FBI. I have confidence in people at the Justice Department, some of them, at any rate, who are involved in this investigation. That is people in the national security division," he said.
"It's less a matter of confidence than it is a matter of believing that people out of self-preservation would not want to be seen to be sweeping this under the rug."
Asked if he believes charges are justified, Mukasey said:
"At this point [it is] an acknowledged fact, that she had information at the highest level of classification on an unsecured server that she maintained. That is at least as serious, if not far more serious, than what sustained a charge against Gen. [David] Petraeus," he said, referring to the former CIA head prosecuted for passing government secrets to his mistress.
"If it was exposed to being hacked then that could very well be gross negligence in the handling of defense information. That is a felony and there are other charges as well.
"[And] if any of the emails that were destroyed were, in fact, information or emails relating to her official duties, that would be a violation of a statute as well."
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