As everyone is focused on Hillary’s email investigation and the fact that the FBI let her off the hook, the Washington Post notes another investigation after which Hillary was let off with nothing:
In email probe, echoes of another time prosecutors weighed charging Hillary Clinton with a crime
Over the course of 16 hours, prosecutors and FBI agents agonized over whether to charge Hillary Clinton with a crime. In the end, after weighing every ounce of evidence, examining piles of documents and gaming out whether a jury would ever convict her, the group made its wrenching decision: no charges.
Nearly 20 years before FBI Director James B. Comey declared that “no reasonable prosecutor” would bring a criminal case against Clinton over her use of a private email server while secretary of state, Clinton narrowly escaped a similar legal peril amid the Whitewater investigation that engulfed much of her husband’s time as president.
While history remembers the 1990s probe led by independent counsel Kenneth W. Starr for its pursuit of President Bill Clinton over the possibility he had lied under oath about his relationship with intern Monica Lewinsky, internal documents from the inquiry show how close prosecutors came to filing charges at that time against Hillary Clinton. They even drew up a draft indictment for Clinton, which has never been made public.
This is the most telling part:
Prosecutor Paul Rosenzweig laid out the odds for various outcomes in a memo to colleagues. He predicted a 2 percent chance that a judge would toss the case, then continued: “18 percent = Acquittal; 70 percent = Hung Jury; 10 percent = Conviction.”
Rosenzweig said he had concluded in 1998 that seating a jury untainted by political bias was going to be so difficult as to make the chances for a conviction too low to proceed ethically with the case.
“This case was, for me, decided on factors external to guilt or innocence,” he said. “I think this case would have had a great chance of a sustained conviction if presented to 12 random people, about someone other than Mrs. Clinton. But that’s an impossible hypothetical.”
Someone other than Hillary Clinton would have faced conviction.