No One Is Above the Law
James Comey, John Brennan, James Clapper, and Hillary Clinton should be investigated for possible violations of federal law
The principle that “no one is above the law” has become a rallying cry for Democrats in recent years, applied zealously to political opponents while seemingly forgotten when their own allies face scrutiny.
Now, as serious allegations emerge against former officials James Comey, John Brennan, James Clapper and Hillary Clinton regarding potential conspiracy to create and disseminate fabricated intelligence reports about Trump-Russia collusion, it’s time to apply this standard consistently.
If Comey, Brennan, Clapper and Clinton actually did conspire to create and disseminate fake intelligence reports, as some recent congressional and DOJ sources allege, several potential federal crimes may have been violated.
These could include:
Conspiracy to Defraud the United States: Creating false intelligence to manipulate law enforcement, courts, or the public could be prosecuted under 18 U.S.C. § 371, which criminalizes conspiracies to impair, obstruct, or defeat the lawful functions of the U.S. government.
Making False Statements to Congress or Federal Investigators: Knowingly providing false or misleading statements to Congress (18 U.S.C. § 1001) or to government agencies during probes can constitute a criminal offense.
Perjury: If any individual testified to Congress or under oath and knowingly lied about these matters, that could constitute perjury under 18 U.S.C. §§ 1621–1623.
Obstruction of Justice: Acts that corruptly influence, obstruct, or impede an official proceeding -- including investigations into election interference -- may be prosecuted under 18 U.S.C. § 1505 or related statutes.
Fraud upon the FISA Court: Submitting knowingly false evidence or omitting exculpatory evidence to obtain surveillance warrants is a serious crime that can include making false declarations or committing fraud on the court.
Treason or Seditious Conspiracy (rare but alleged by some politicians): Recent declassified reports and public officials—including current Director of National Intelligence Tulsi Gabbard—have referred some actions as a “treasonous conspiracy.” However, a successful treason charge (18 U.S.C. § 2381) typically requires aiding an enemy in wartime, so most legal analysts view conspiracy and fraud statutes as more likely.
Recent congressional documents and DOJ investigations have raised troubling questions about whether these former intelligence officials and political figures engaged in a coordinated effort to manipulate the American public and legal system.
The allegations are not partisan talking points. In fact, they involve potential violations of fundamental laws that protect our democratic institutions.
If proven, the conduct described could constitute multiple federal crimes. Conspiracy to defraud the United States under Title 18 addresses schemes to impair government functions through deception.
Creating false intelligence to mislead law enforcement, courts and citizens would represent precisely this type of institutional sabotage.
The potential charges extend beyond conspiracy.
Making false statements to Congress or federal investigators carries serious. Perjury charges could apply if any individual knowingly lied under oath about these matters.
Obstruction of justice statutes cover acts that corruptly impede official proceedings, including investigations into election interference.
Perhaps most concerning are allegations of fraud upon the FISA Court – that is, submitting knowingly false evidence or concealing exculpatory information to obtain surveillance warrants against American citizens.
This represents a fundamental violation of civil liberties and judicial process.
Current Director of National Intelligence Tulsi Gabbard has characterized some of these actions as constituting a “treasonous conspiracy,” though legal experts note that fraud and conspiracy charges are more legally viable than treason prosecutions.
The evidence trail includes claims that these officials promoted the discredited Steele dossier despite knowing its weaknesses, manipulated intelligence assessments for political purposes and made misleading public statements.
Hillary Clinton’s campaign allegedly funded and promoted some of these efforts, potentially implicating her in conspiracy and fraud violations.
Critics will argue these remain unproven allegations in a politically charged environment.
The accused parties deny wrongdoing, claiming their actions were based on available intelligence and that any errors were honest mistakes rather than criminal conduct.
However, the seriousness of the charges demands thorough investigation regardless of political considerations.
If former intelligence chiefs and presidential candidates can fabricate evidence, mislead courts and manipulate public opinion without consequences, the rule of law becomes meaningless.
The same Democrats who insisted that Donald Trump face accountability for alleged misconduct must now support equal scrutiny of their own allies.
The integrity of our intelligence agencies, judicial system and democratic processes depends on consistent application of legal standards.
Whether the evidence ultimately supports criminal charges or not, the American people deserve a complete accounting of what transpired during this critical period in our nation’s history.
Justice cannot be selective.
If no one is truly above the law, then these allegations merit the same rigorous investigation that Democrats have demanded for their political opponents.
Robert J. Hutchinson is the author of numerous books of popular history, including Searching for Jesus: New Discoveries in the Quest for Jesus of Nazareth (Thomas Nelson), The Dawn of Christianity (Thomas Nelson), The Politically Incorrect Guide to the Bible (Regnery) and When in Rome: A Journal of Life in Vatican City (Doubleday). Email him at: roberthutchinson@substack.com