Former New York City Mayor Rudy Giuliani said Wednesday that he was "surprised" with the decision of FBI Director James Comey not to indict former Secretary of State Hillary Clinton, and said the decision is a "no brainer" against Clinton given the available evidence.
"I'm surprised. I completely disagree with it," Giuliani said on MSNBC. "This, to me, is a fairly easy case. Certainly under the nonintent statute, it's a no brainer."
"If you read the first three-quarters of his report, it says 'indict.' Lie after lie after lie," the former New York City mayor said. "You know what you use lies for in a criminal trial? To prove intent. Destruction of 34,000 emails — that's a smoking gun."
Giuliani, who almost ran against Clinton in 2000 for the U.S. Senate, thought that Clinton would be getting indicted when Comey said that she deleted emails in a manner so that they could never be recovered.
"When I heard that, I said, 'my goodness, he's going to recommend an indictment,'" Giuliani said, noting that it was soon after when Comey announced that no reasonable prosecutor would recommend charges in this case..
The FBI said that while Clinton and her team were "extremely careless" and failed to protect information on Clinton's private email system, they did not exhibit "gross negligence," which is needed to trigger a criminal recommendation. But Giuliani, referencing a column by former Attorney General Mike Mukasey, said finding extreme carelessness is technically the same as finding gross negligence.
"A violation 18 U.S.C. Section 793(f), which makes gross negligence the standard," he said. "He found her to be extremely careless, her and the staff. If you look at the definition ... the definition is extreme carelessness. People of much lesser rank than Hillary Clinton have been indicted and convicted under that statute and the lesser misdemeanor statute."