# Question for the lawyers about the latest FBI scandal **URL:** \ **Category:** Politics & Elections\ **Created:** [November 7, 2016, 12:37pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944 "2016-11-07T12:37:22Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [November 7, 2016, 12:37pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/1 "2016-11-07T12:37:22Z")
Comey has just [given Hillary another pass](http://www.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html), despite having enumerated a minimum of 110 felonies that she committed. Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [November 7, 2016, 3:25pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/2 "2016-11-07T15:25:36Z")
> [@Clothahump](#): > > …having enumerated a minimum of 110 felonies that she committed. What’s your source for this? ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [November 7, 2016, 3:30pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/3 "2016-11-07T15:30:22Z")
> [@Clothahump](#): > > Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? I can’t provide an authoritative answer to this, but I’m pretty sure the answer is no. We have a representative form of government. If we allowed every individual – and let’s face it, many of our fellow citizens are nutcases and conspiracy theorists – to do things like that the whole system would be a bogged-down tangled-up mess in no time. Contact your senators and congressmen. ---
**Author:** ![Grey](https://avatars.discourse-cdn.com/v4/letter/g/b782af/32.png) [@Grey](https://boards.straightdope.com/u/Grey)\ **Post date:** [November 7, 2016, 3:38pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/4 "2016-11-07T15:38:18Z")
He’s likely refering to the [initial FBI statement](https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey-on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system) where “felony” is mentioned once but the 110 comes from > [@](#): > > From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received > [@](#): > > Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. > [@](#): > > In our system, the prosecutors make the decisions about whether charges are appropriate based on evidence the FBI has helped collect… > > Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case… > > In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here. If we leave aside Trumpkin delusions, is there a manner for a citizen to arrange a grand jury, or is it the exclusive purview of prosecutors? From some reading it looks like individuals used to be able to call them but they seem to have evolved away from that. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [November 7, 2016, 4:03pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/5 "2016-11-07T16:03:42Z")
> [@Clothahump](#): > > Comey has just [given Hillary another pass](http://www.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html), despite having enumerated a minimum of 110 felonies that she committed. Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? IANAL, but you do not have the right to pursue Federal criminal charges against someone as a private individual. > **[Question: Is it possible for a private citizen to bring a criminal case...](https://isthatlegal.org/private-prosecution/)** > > Question: Is it possible for a private citizen to bring, charge, and prosecute a criminal case against a person or other entity in any court (federal, county, etc.) without having to go through the law enforcement jurisdiction involved? Answer: This... > **[Private prosecution](https://en.wikipedia.org/wiki/Private_prosecution#United_States)** > > A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain (or are themselves) barristers. > A private criminal prosec... ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [November 7, 2016, 4:25pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/6 "2016-11-07T16:25:04Z")
While some states retain the ability for private citizens to pursue criminal charges, the federal government does not (since 1981). A slightly more interesting question raised by the OP is whether–in the hypothetical world in which Clinton had the requisite criminal intent which in reality she lacked–she could be separately charged for each email that contained classified information. I think the answer is “no,” but I’m not a criminal law guy, so I’d be curious to hear from one. Here’s a legal [paper](http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1388&context=dlj) on the general topic. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [November 7, 2016, 4:33pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/7 "2016-11-07T16:33:05Z")
Since this question is politically motivated, let’s move it to Elections. Colibri General Questions Moderator ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [November 7, 2016, 5:08pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/8 "2016-11-07T17:08:28Z")
> [@Clothahump](#): > > Comey has just [given Hillary another pass](http://www.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html), despite having enumerated a minimum of 110 felonies that she committed. Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? “…and I want to keep _on_ doing this until I get the results I want, justice be damned!” ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [November 7, 2016, 5:16pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/9 "2016-11-07T17:16:33Z")
> [@Clothahump](#): > > Comey has just [given Hillary another pass](http://www.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html), despite having enumerated a minimum of 110 felonies that she committed. Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? What felony, exactly, is it to receive classified information via email? (It may be a felony to _solicit_ classified information, or to induce somebody to send it to you, but is it a felony merely to receive it?) ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [November 7, 2016, 5:29pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/10 "2016-11-07T17:29:41Z")
> [@Clothahump](#): > > Comey has just [given Hillary another pass](http://www.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html), despite having enumerated a minimum of 110 felonies that she committed. Is there any way that a private citizen could file a complaint in federal court to compel the FBI to turn its findings over to a grand jury? Earlier this year, Marco Rubio accused Ted Cruz of revealing classified information in a televised Republican debate. (That is, Cruz’s statement was televised, not just Rubio’s accusation.) I have several questions for you: 1. There doesn’t seem to have been any investigation of Ted Cruz over his statement in question, which was broadcast to probably tens of millions of viewers. Do you support a criminal investigation into your home state’s senator? 2. Regardless of the results of an investigation, do you believe Ted Cruz committed a felony? 3. Have you ever thought about trying to privately force the Government to prosecute Ted Cruz? ---
**Author:** ![Randolph](https://avatars.discourse-cdn.com/v4/letter/r/e5b9ba/32.png) [@Randolph](https://boards.straightdope.com/u/Randolph)\ **Post date:** [November 7, 2016, 6:05pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/11 "2016-11-07T18:05:49Z")
How’s about the introduction of **feelonies** , so that we don’t have to go through all that pesky law-talkin’ stuff and can just hand them out based on gut instinct and mala in se poutrage? ---
**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\ **Post date:** [November 7, 2016, 6:37pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/12 "2016-11-07T18:37:38Z")
> [@Czarcasm](#): > > “…and I want to keep _on_ doing this until I get the results I want, justice be damned!” It seems pretty clear the OP’s issue is more about preventing Mrs. Clinton from being elected President, by any means, than a real concern for supposed ‘felonies’ she has committed. So I propose an alternative: if Mrs. Clinton is elected, as seems likely, the OP should declare himself a Sovereign Citizen, and thus no longer subject to US law or tax regulations. I hear this has worked out really well for people who have tried it. ---
**Author:** ![Bridget\_Burke](https://avatars.discourse-cdn.com/v4/letter/b/7cd45c/32.png) [@Bridget\_Burke](https://boards.straightdope.com/u/Bridget_Burke)\ **Post date:** [November 7, 2016, 6:40pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/13 "2016-11-07T18:40:10Z")
[From CNN](http://www.cnn.com/2016/11/06/politics/al-franken-fbi-james-comey-hearings/index.html): > [@](#): > > Sen. Al Franken called Sunday for the Senate Judiciary Committee to hold hearings on FBI Director James Comey’s handling of the investigation into Hillary Clinton’s private server. And the Minnesota senator said he thinks Hillary Clinton can rely on his state’s voters despite a last-minute visit from Donald Trump, though he said he’s always “nervous.” > > “I think that there should be hearings, and I’m certain there will be hearings in the Judiciary Committee on this matter,” the Franken told CNN’s Jake Tapper on “State of the Union.” Have faith, **Clothy**! ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [November 7, 2016, 9:53pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/14 "2016-11-07T21:53:33Z")
> [@Gary\_T](#): > > What’s your source for this? The statement made by Comey back in July. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [November 7, 2016, 9:56pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/15 "2016-11-07T21:56:21Z")
> [@Clothahump](#): > > The statement made by Comey back in July. Maybe you should read it again. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [November 7, 2016, 10:01pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/16 "2016-11-07T22:01:27Z")
> [@Clothahump](#): > > The statement made by Comey back in July. > [@Czarcasm](#): > > Maybe you should read it again. [Save him the trouble.](https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey-on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system) > [@](#): > > Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities. > > In looking back at our investigations into mishandling or removal of classified information,\*\* we cannot find a case that would support bringing criminal charges on these facts.\*\* All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here. So Comey did not feel that what she did was a felony. Therefore, she is not a felon. Also, she was not convicted of a felony which is how “felon” is generally understood to mean. ---
**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\ **Post date:** [November 7, 2016, 10:35pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/17 "2016-11-07T22:35:45Z")
Just want to point out that **Clothahump** has mentioned more than once that he’s a former cop. He knows damn well what a felony is, or should. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 7, 2016, 10:44pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/18 "2016-11-07T22:44:46Z")
> [@](#): > > Quoth **Ravenman** : > > 1. Regardless of the results of an investigation, do you believe Ted Cruz committed a felony? Of course not. He committed tens of millions of felonies, one for each viewer! ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [November 7, 2016, 10:56pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/19 "2016-11-07T22:56:40Z")
> [@El\_Kabong](#): > > Just want to point out that **Clothahump** has mentioned more than once that he’s a former cop. He knows damn well what a felony is, or should. From what I’ve seen of police in this country lately, I wouldn’t be so sure. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [November 7, 2016, 11:06pm UTC](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944/20 "2016-11-07T23:06:15Z")
> [@Clothahump](#): > > The statement made by Comey back in July. I see you’re checking in on this thread. Any response to my questions about Ted Cruz? [Next page](https://boards.straightdope.com/t/question-for-the-lawyers-about-the-latest-fbi-scandal/770944.md?page=2)