The Justice Department’s Hillary Stonewall

Mrs. Clinton did not set out to damage national security and compromise defense secrets, although she obviously had no compunction about doing so as necessary to serve her higher personal interests.

For a generation, she has been a public person whose most intimate companion has been scandal. She knew her State Department stewardship would be no different.

Her motive in designing a communication system that circumvented government recordkeeping and disclosure laws was to avoid a day of reckoning as she campaigned in 2016 for the power of the presidency she craves.

And that is where Loretta Lynch comes in.

That would be the same Loretta Lynch who came to prominence in 1999 by being appointed United States Attorney for the Eastern District of New York by none other than Mrs. Clinton’s husband. Loretta Lynch, who had a history of significant political contributions to Democratic-party candidates before President Obama reappointed her as U.S. Attorney for the EDNY in 2010, and then elevated her to U.S. attorney general in 2015.

Loretta Lynch, who said in her confirmation hearings that she supports the Democratic president’s lawless executive actions and non-enforcement of federal law. Loretta Lynch, who very much likes being attorney general of the United States and would be well positioned to continue in that powerful post in a Hillary Clinton administration.

The known evidence that Mrs. Clinton committed federal crimes is abundant, perhaps even overwhelming. It is manifest that she lawlessly transmitted and stored classified information outside its secure system, and that she caused her underlings to do so.

But remember, there is also the evidence that is unknown to the public — though it is being pored over by the FBI: the 32,000 e-mails Clinton refused to turn over to the State Department (which involved converting them to her private use) and attempted to destroy by trying to delete them (i.e., to wipe her private server clean).

As I’ve previously pointed out, the federal embezzlement statute makes it a felony to destroy government files or convert them to one’s private use. The FBI has reportedly been able to recover at least some and possibly all of the e-mails Clinton tried to erase. Unless you really believe that one of the busiest high officials in the U.S. government had time for 32,000 e-mails about yoga routines and Chelsea’s wedding dress, it is inevitable that some of those e-mails, probably a goodly portion, related to State Department business — i.e., they were government files.

With such neon indicators of serious wrongdoing, it seems highly likely that the FBI, which has reportedly devoted substantial time and resources to the investigation, will recommend prosecution. For all we know, that may have happened already. Once such a recommendation has been made, the ball is in the Justice Department’s court: It will be up to Attorney General Lynch — with whatever direction she gets from her boss, the president — to decide whether to indict Clinton.

An indictment would be devastating to the Democrats’ chances of retaining the White House in the November election. Thus, the conventional wisdom holds that Lynch will decline prosecution, which the executive branch has the unreviewable constitutional power to do, regardless of how damning the proof of crimes might be.