Houston Chronicle Sunday

Emails still sticky issue for Clinton

Analysis: Campaign likely damaged even if FBI probe clears her

- By Anita Kumar

WASHINGTON — No matter how the FBI investigat­ion into the handling of sensitive informatio­n on Hillary Clinton’s personal computer server ends, it is likely to hurt her campaign for president.

If the former secretary of state is indicted, she will face further questions about her honesty and perhaps even calls for her to step aside. If she isn’t indicted, critics will accuse the Obama administra­tion of letting her escape charges merely because they want her to win the election.

Clinton was interviewe­d by the FBI on Saturday for 3½ hours at its headquarte­rs in Washington, according to her campaign, suggesting that the inquiry is nearing its end.

In a telephone interview with Chuck Todd on MSNBC after her meeting, Clinton said: “I’ve been eager to do it, and I was pleased

to have the opportunit­y to assist the department in bringing its review to a conclusion.”

For Clinton, the FBI interview indicates that the Justice Department’s yearlong probe is drawing to a close only four weeks before she is set to be formally nominated as the Democrats’ choice to succeed President Barack Obama.

Clinton’s FBI interview was expected, and it does not suggest that she or anyone else is likely to face prosecutio­n.

However it is concluded, events last week indicated anew that Clinton is likely to emerge scarred. A new controvers­y over the Obama administra­tion’s handling of the case and Attorney General Loretta Lynch’s refusal to assign it to a special prosecutor far removed from the White House were reminders that critics would always say that political favoritism toward Clinton tainted any decision to clear her.

Under pressure after she met privately with Clinton’s husband last week at his invitation, Lynch announced Friday that she expects to accept the recommenda­tion of investigat­ors and prosecutor­s at the FBI and the Justice Department as well as FBI Director James Comey, a Republican, in the case.

“I fully expect to accept their recommenda­tions,” she said.

She said that she still plans to review the case, which was begun by the FBI’s Counter intelligen­ce Division after classified informatio­n was found in some of Clinton’s emails last year.

Clinton’s campaign did not comment on the meeting between Lynch and the expresiden­t. But it has raised questions about its propriety given the investigat­ion, and congressio­nal Republican­s have renewed calls for the appointmen­t of a special prosecutor in the case.

DonSmaltz, a lawyer appointed as an independen­t counsel to investigat­e former President Bill Clinton’s secretary of agricultur­e, Mike Espy, in the 1990s, said Lynch should have appointed a special prosecutor last year.

“I think she would have a more thorough investigat­ion,” he said. “The public could have more confidence in whatever the outcome is.”

At least 2,079 emails that Clinton sent or received contained classified material, according to a State Department review of emails Clinton turned over after she left the department. Most were at the confidenti­al level, which is the lowest level of classifica­tion, but a few were at the top secret level.

None of Clinton’s emails was marked as classified during her time as secretary, State Department officials say, but intelligen­ce officials say some material was clearly classified at the time. Clinton initially said she did not send or receive any classified informatio­n — a denial she later adjusted, saying that none was marked as classified at the time.

Donald Trump, the presumptiv­e GOP nominee, has repeatedly said the email issue undermines Clinton’s fitness for office, and he suggested she will receive leniency from a Democratic administra­tion.

On Saturday, in a statement after the meeting, the Republican National Committee said that Clinton “has just taken the unpreceden­ted step of becoming the first major party presidenti­al candidate to be interviewe­d by the FBI as part of a criminal investigat­ion surroundin­g her reckless conduct.”

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