Podesta Leaks: The Obama-Clinton E-mails

Source: National Review | October 15, 2016 | Andrew C. McCarthy

With the president’s knowledge — and involvement — in Hillary’s private e-mail scheme, it’s clear there was never going to be a prosecution.

Among the most noteworthy of the hacked e-mails from John Podesta’s accounts is an exchange in which Podesta consults Clinton consigliere Cheryl Mills about the private e-mail exchanges between President Obama and then-Secretary of State Hillary Clinton.

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For the parties to prove such culpable conduct on the president’s part in a high-profile criminal trial would have been profoundly embarrassing to him, to say the least. Therefore, it was never going to happen. As I’ve noted before, after exclaiming, “How is that not classified?” upon being shown an Obama-Clinton e-mail by the FBI, Hillary’s confidant Huma Abedin asked agents if she could have a copy of the exchange. She obviously realized that if Obama had been communicating on Clinton’s non-secure server system, no one else who had done so was going to be prosecuted for it.

We now know that Podesta was very concerned about the Obama-Clinton e-mails and turned to Mills for advice. His succinct e-mail to Mills is dated March 4, 2015 (at 8:41 p.m.), and he entitled it “Special Category.” He stated:

Think we should hold emails to and from potus? That’s the heart of his exec privilege. We could get them to ask for that. They may not care, but I [sic] seems like they will.

Plainly, Podesta was suggesting to Mills that the Obama-Clinton e-mails were in a “special category” — i.e., distinct from the tens of thousands of other Clinton e-mails — because they involved the president. Only the president has power to invoke executive privilege, and Podesta believed such invocation would legitimately cover a communication between Obama and his secretary of state, since such consultations are “the heart of” the privilege recognized by the Supreme Court in United States v. Nixon. (I think he was wrong about that, but that’s a matter for another day.)

If Mills ever responded to Podesta’s question, we do not have an e-mail to that effect. It is unlikely Mills would have ignored Podesta, particularly on a matter of such significance. Thus, I suspect further discussion was had face-to-face, by phone, or through intermediaries.

The timing of the March 4 Podesta-Mills e-mail is highly significant. The date places it about three weeks after Podesta left his White House job as the president’s top advisor in order to head up the Clinton presidential campaign; the transitioning Podesta was still involved in Oval Office doings, and the Clinton campaign was up and running though not yet publicly launched. More significantly, the e-mail occurred when both the administration and the campaign were in crisis mode: It was immediately after the New York Times publicly exposed Clinton’s private e-mail system, and the House Benghazi committee had just issued a subpoena, demanding that Clinton preserve and provide any private e-mails within the scope of the committee’s investigation.

With that as background, we should consider three salient matters.

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