Wednesday, November 2, 2016

The Potential Criminal Liability Of Hillary Clinton And Donald Trump

Those of you who know me well know that I'm a pretty good criminal lawyer despite the fact that I never earned a law degree. Two of the appellate briefs that I wrote for the 5th Circuit Court of Appeals in New Orleans got two men off of 15 year sentences. My cases ended up in the Fed 2nd case reports.
Let us discuss the Clinton and Trump criminal liabilities.
Larry Ellison is the chairman of the board of the giant Oracle software company. We had his personal CPA as our CPA. In 2007 we talked to him about setting up a non-profit foundation for Elena. Dan gave us one stern warning about this non-profit foundation as follows:
"If one cent is spent not on charitable activities or reasonable administrative expenses out of foundation funds, you are going to jail."
If some eager prosecutor digs deep enough they can find improper payments out of the Trump and Clinton foundations. Prosecutors have wide discretion on when and how to file charges.
When I worked at Occidental Petroleum one of my fellow work mates was an ex-IRS criminal investigator. He complained to me how arbitrary the IRS was in deciding who gets charged. Any tiny technicality can get you indicted. Some zealous IRS criminal investigators and Assistant US Attorneys could come up with some tax fraud allegations on Trump. Hillary and Bill are, at least, very careful about their taxes.
Now let us look at Hillary Clinton and emails on her assistant's mobile devices. Mishandling of classified data is a misdemeanor punishable by roughly one year in jail. If you have 30 emails that are classified, for example, you are looking at 30 years in prison. If it's 100 emails it could be 100 years in prison.
Any of these possible criminal cases would result in expensive and protracted trials costing the taxpayers tens of millions of dollars. The whole attention of the country would be on these trials. I suspect that President Obama would give Hillary a blanket pardon as President Ford gave President Nixon.

No comments: