The FBI has been investigating whether classified information was mishandled over Clinton’s private email server since at least August. The probe reportedly has expanded to include contracts awarded by the State Department in relation to Clinton Foundation donors.
“These classified information cases are relatively simple cases to get into, and the FBI knows that what the Clinton people did with regard to her server was a clear violation of federal criminal law,” DiGenova added. “It is the negligent handling of classified information, which is prohibited by statute, and this is a gross example of it, and it dwarfs the information in the [David] Petraeus case.”
Matthew Whitaker, the former U.S. Attorney for the Southern District of Iowa under President George W. Bush, said there is growing public evidence that laws were broken.
“Based on what we know in the public record, I think there are some serious legal violations,” said Whitaker. “There’s got to be more that we don’t know. I think that could be really incriminating evidence, if it’s like anything we’ve already seen.”
Whitaker, who runs the Foundation for Accountability and Civic Trust, a watchdog group that has been critical of Clinton, said the decision about whether to pursue a criminal case will ultimately depend on the Department of Justice. But he said the Fox News report on Monday about expansion of the FBI investigation puts more pressure on that department to take the investigation seriously.
“I think the effect is it puts some pressure on the Department of Justice to not sweep this under the rug, to otherwise ignore inconvenient facts for secretary Clinton,” said Whitaker.