Andrew McCarthy: ‘FBI Rewrote the Statute’ to Give Hillary Clinton a Pass

Andrew McCarthy, senior fellow at National Review and former assistant United States attorney for the Southern District of New York, spoke with Breitbart News Daily SiriusXM host Stephen K. Bannon Wednesday about FBI Director James Comey’s decision not to recommend an indictment for Hillary Clinton.

McCarthy said he was “disheartened” by Tuesday’s events, adding, “It was a spotlight on what is no longer a nation of laws, not of men.”

He continued:

I thought the case [Comey] laid out was as bulletproof as it gets. And it seemed to me when he got all the way down the field, he moved the goalposts. So he added elements that the government doesn’t have to prove under the statute as Congress has written it in order to shrink from recommending that charges be brought. To my mind, that’s difficult to square on a lot of levels.

McCarthy also penned a piece for National Review arguing that Comey basically rewrote the statute to get around indicting Hillary:

In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence.

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