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>• Comey held a news conference on July 15, 2016, announcing that he would not recommend charges against Clinton regarding her use of the private email server, saying “no reasonable prosecutor would bring such a case.”

Loretta Lynch to Accept F.B.I. Recommendations in Clinton Email Inquiry

https://www.nytimes.com/2016/07/02/us/politics/loretta-lynch-hillary-clinton-email-server.html

WHAT EVERYONE NEEDS TO KNOW ABOUT THE SYSTEM

Law Enforcement Agencies investigate crimes and refer their investigations to DOJ for charging.

Only attorneys can decide whether or not to move forward with criminal charges. Only attorneys are empowered with interpreting the law (e.g., Hillary's gross negligence) and whether the facts of the investigation would prove, in court, the law was violated.

As Director of the FBI, Comey NEVER had the power to make a prosecuting attorney's decision whether or not to bring criminal charges. His "no reasonable prosecutor" standard was falsely predicated on "misunderstanding" the statute and never his to apply.

As Attorney General, Lynch could not cede prosecutorial decision to the FBI by "accepting their recommendation." Law Enforcement makes recommendations, but they are merely advisory, not binding.

Of course, no one would accept the DOJ swapping out the gross negligence for intentional element of the crime. They know what gross negligence is. Even with the cooked investigation, the evidence showed Hillary violated the statute (in fact, if the statute required intent, they could have proved it). The failure of Lynch to make a prosecutorial decision was a complete abrogation of duty.

COMEY PRETENDED HE HAD AUTHORITY TO MAKE A DECISION HE COULDN'T & LYNCH UNLAWFULLY ABROGATED PROSECUTORIAL DUTY

THIS WAS THE OPPOSITE OF HOW CRIMINAL JUSTICE AGENCIES OPERATE EVERY SINGLE DAY

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