Hillary Clinton should be indicted for mishandling classified information on a private system, according to Senate Majority Whip John Cornyn, although he doubts the Obama administration will take that step.
"The Attorney General is a political appointee, serves at the pleasure of the president," the Texas Republican, a former state attorney general, told conservative talk radio host Hugh Hewitt. "I find it hard to believe that she would indict Secretary Clinton during this time. But it's clear the FBI views this as a very, very serious matter as they should."
Cornyn asked Attorney General Loretta Lynch to appoint a special counsel to investigate Clinton months ago, after the inspector general for the Intelligence Committee found classified information on Clinton's private server and referred the case to the Justice Department. His latest comments follow a report that the inspector general informed lawmakers that Clinton's server contained information beyond the level of top secret.
The Clinton campaign is accusing the inspector general of scheming with Republican lawmakers to damage her candidacy. "Both the sending and the leaking of [the inspector general's] letter was a reckless and irresponsible act," Clinton campaign spokesman Brian Fallon told NBC.
The rolling release of work emails that Clinton housed on her private server could cause problems for the Democratic presidential hopeful, quite apart from the inspector general's findings. One message released two weeks ago appears to show Clinton ordering a subordinate to send information that was marked classified through a "nonsecure" channel. "[T]urn into nonpaper [with] no identifying heading and send nonsecure," she wrote when aides were struggling with a secure fax machine.
Intentional mishandling of classified information is a crime, under federal law. Cornyn said that "if it were you or me," Clinton's behavior would draw a prosecution. "But as you know, the Clintons have always seemed to get by with not having the rules apply to them," he told Hewitt.