

NEW YORK – A former U.S. attorney says there is no doubt that, before the November election, the FBI will recommend to Attorney General Loretta Lynch that she prosecute Hillary Clinton for mishandling of classified information, warning that intervention by the White House would provoke a revolt of Watergate proportions.

In an interview with WND, Joseph diGenova said that based "on all the available evidence, including what is publicly known and what is known in the law enforcement community, there is sufficient, credible evidence needed to meet the predicate to begin a grand jury – sufficient evidence for probable cause to believe various crimes have been committed.”

"There is simply no doubt that the FBI is going to recommend a series of charges to Attorney General Lynch,” he insisted.

DiGenova said he has been speaking with former FBI, Secret Service and intelligence people about the case.

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"Based on the information they have secured from their brothers and sisters in the law enforcement community, there is unanimity on the fact that charges are going to be recommended by the FBI," he said.

"It is impossible for them not to, under the circumstances,” he stressed.

DiGenova acknowledged, however, that Lynch has the discretion to do nothing.

But to the people in the FBI and intelligence community, he said, that would be "inconceivable."

"There is going to be a revolt of Watergate proportions if criminal charges do not go forward.”

Purposeful avoidance

The FBI criminal investigation of Clinton began with questions regarding her handling of classified information through a private email server.

“First of all, the key to this is the private server,” diGenova said. “The existence of that server and its use by Hillary and her aides in an unencrypted mode, along with all their unencrypted personal devices, is a per se violation of the Espionage Act. It is the failure to properly store, maintain and protect classified information.”

DiGenova noted the FBI already has established a criminal case against a number of people on that charge, including Gen. David Petraeus, the former director of the CIA.

“The FBI, by virtue of seizing not only Hillary Clinton’s server but also numerous servers at the State Department, has begun to unravel the various communication levels and levels of classification beyond what the State Department is slowly releasing to the public,” he said.

He explained that the FBI is "acting on the basis that the server was set up purposefully to avoid disclosure to the public, the press, the Congress and the courts in response to legitimate legal requests and in response to subpoena."

"That establishes the intent necessary for criminal activity, in the area of negligent handling of classified information," he said.

DiGenova said the FBI has established a connection between the official acts of Clinton as secretary of state and the speech and fundraising activities of the Clinton Foundation.

He said he wouldn't be surprised if the FBI has already begun retrieving documents from the Clinton Foundation as its investigation of Hillary Clinton expands into issues of political corruption.

“If I were a U.S. attorney today and this investigation was in my office, I would empanel a grand jury and I would seek charges. This is a no-brainer,” he said.

“This is a locked case of minimally a violation of the classified information statutes,” he said. “There are people who have lost their jobs, lost their security clearances, have been convicted of crimes, for leaving a single document out on their desks overnight.

"This case dwarfs, and I underscore dwarfs, the Petraeus case by multiples in the thousands.”