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7.8.2016

Attorney Bill Cowden Comments on Clinton Emails for The Washington Post

Written by: Federal Practice Group
Written by: Federal Practice Group

News & Media

If Hillary Clinton cannot be prosecuted for her "reckless" use of email to share and transmit sensitive information, can other federal employees escape punishment for similar conduct, as well? The Washington Post turned to Attorney Bill Cowden for insight into the concerns and questions lingering after the FBI's decision not to recommend criminal charges against the former Secretary of State.

The fact that Clinton will receive zero punishment of any kind has more to do with her current status as a former federal employee rather than a current one, said Attorney Cowden. "If she were currently a federal employee, she would be sanctioned," he told the WP. Cowden, a former Justice Department lawyer, also elaborated that if Clinton were still a federal employee, it is likely she'd be suspended without pay or even lose her clearance.

THE "PETRAEUS DEAL"

The FBI's announcement that it would not seek criminal charges against Clinton has drawn a stark comparison between her case and that of General David Petraeus, who was indicted and found guilty for his mishandling of classified information last year. However, before House Oversight and Government Reform Committee, FBI Director James Comey clarified the key differences between Clinton's case and Petraeus'.

"So you have obstruction of justice [in Petraeus's case], you have intentional misconduct and a vast quantity of information. He admitted he knew that was the wrong thing to do," Comey told House Republicans, citing the apparent lack of malicious intent in Clinton's case. "The Petraeus case, to my mind, illustrates perfectly the kind of cases the Department of Justice is willing to prosecute."

To read more of Attorney Bill Cowden's insight on this still-developing story, visit "Will other feds make out as Clinton did?" fromThe Washington Post.

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