GOP Congressman rebukes John Hur from inside a glass house

In a 4:54 minutes YouTube video (see below), California Republican Congressman Tom McClintock rebukes Special Counsel Robert Hur. He states:

“It would be toxic to the rule of law on its face if it was just two ordinary citizens, but the fact that the only person being prosecuted for this offense happens to be the political opponent (meaning Trump) makes this an unprecedent attack on our democracy. This is the worse we could expect from a banana republic…This is doctrine you’ve (addressing Hur) established in our law and it’s frightening.”

Not unprecedented. Already well established.

McClintock’s glass house cracked back when he was one of four GOP members of Congress to vote against the motion to impeach Homeland Security Secretary Alejandro Mayorkas. In a 214-216 vote, three Republicans joined all Democrat House members in voting “No,” and a fourth Republican voted “No” based on procedural reasons.

In defense of his “No” vote, McClintock said that the impeachment effort is “…bad politics and bad policy. The problem is that they fail to identify an impeachable crime that Mayorkas has committed”.

McClintock wrote. “In effect, they stretch and distort the Constitution in order to hold the administration accountable for stretching and distorting the law.” (Source)

Apparently, to McClintock, intentionally maintaining an open southern U.S. southern border is not a crime. He seems to require that an “impeachable crime” can only be a sin of commission and not one of omission. I.e., Mayorkas can’t be impeached for what he didn’t do.

McClintock misses this truth:

When Mayorkas took his Oath of Office he pledged to uphold the laws of the United States Federal Government. But he has not done so. And, by indirectly sanctioning Mayorkas’ offenses, McClintock becomes complicit in his commission of crimes.

If a skilled and competent surgeon refuses to perform a lifesaving procedure on a dying child, and the doctor is the only physician available and capable of executing that procedure, but flatly refuses to do so, what would become of that doctor’s license to practice medicine?

McClintock told Hur that Hur’s conclusion established a new and frightening law.

Wrong. It’s not unprecedented.

Recall back in 2016 when then FBI Director James Comey’s long statement closed out the Hillary Clinton Investigation into her use of classified information on a private server.

Comey seemed to begin with the basis of an indictment

In part, he noted that the investigation: 

“…developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government…We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account…She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.”

In other words, Hillary Clinton’s security practices concerning national and sensitive classified emails was extremely sloppy.

With each successive charge he listed, it sounded like evidence justifying an indictment was mounting. And when Director Comey had the nation on the edge of their seats, he dropped the shoe, saying:

“As a result, although the Department of Justice makes final decisions on matters like this, we are expressing to (the Department of) Justice our view that no charges are appropriate in this case.”

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