Hillary Clinton’s Emails and Federal Law – Sherman & Plano, TX Criminal Defense Lawyer (Part 5)

Finally, misprision of a felony may apply in this case (or non case, as we are now being told).   Misprision of a felony is often used as a “lesser” crime in federal prosecutions, as it carries a lower punishment range than the underlying felony.   A drug conspiracy being pled to a misprision is normally a good win for the defendant.  18 USC section 4, misprision of a felony, states:  “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”  The misprision statute requires actual knowledge of a commission of a felony, which can be proven by circumstantial or direct evidence.  Also, not reporting the violation as well as concealing the violation must be proven.

 

Again, most of these prosecutions which do not involve actual espionage appear to end in a misdemeanor plea and a small punishment at the worst, not prison.  However, many careers are ruined by it and the political opponents of Hillary Clinton certainly want her career stopped in its tracks.  However, due to the circumstances of the case, it appears that it will not be prosecuted at all.