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In the year 2000, in the middle of the “Hanging Chad” disaster in Florida, I was in a car with three New York attorneys, two Democrats and one Republican. Obviously the nightmare between George “Dubya” Bush and Al “Internet” Gore was the subject of discussion. When a lull came in the raucous debate, I told them that the only institution that could settle this situation was the US Supreme Court, because no other  mechanism or institution in the country had proper authority in the matter.  They laughed at me.

On 9 December 2000 the US Supreme Court duly halted the Florida recount, thereby giving the US Presidency to George Bush. I received a phone call from the three attorneys together, and they told me that  “We’ll be sure to check with you next time the US is in a Constitutional crisis”.

Today is just on sixteen years later, and I am hereby giving the United States fair warning that it is headed for another constitutional crisis. I am a student of History, South Africa, and the United States. For the largest part of the Obama term, the US has been headed in the direction of South Africa, which is now flirting with Failed State/Banana Republic status with a corrupt president, Jacob Zuma, and a government with near zero regard for the law.

The events around Hillary Clinton over the past few months should be of concern to every thinking American. As of 1pm Eastern Standard Time today, the investigation of Clinton’s e-mail scandal has been reopened by the FBI. The same FBI is already under severe  criticism for the highly suspect investigation earlier conducted into Hillary’s Server Mess. On the basis of that investigation FBI Director Comey essentially declared Hillary (below) to be as guilty as all sin, but that he would not recommend prosecuting her. Read THIS well laid out explanation of the situation.

featured_hillary2That illogical and self-contradictory announcement destroyed the faith of thinking people in the FBI. In faraway South Africa, some years before, the Parliament controlled by the ANC Party voted to shut down the South African equivalent of the FBI; this because most of those members were under investigation by said “FBI”. This present author does not see much difference between the two situations. When one adds secret meetings between Hillary’s husband and the boss of the FBI director shortly before, then the whole thing stinks just as badly as in South Africa. It would seem the United States is hell-bent on becoming an African Banana Republic. So, if the United States wishes to avoid rotting itself into the same state as South Africa,  very clear action needs to be taken here. Let me explain:

The FBI, having messed up the earlier investigation and waived indictment of Hillary, is in a tizzy, trying to rescue its tarnished image as the foremost investigative body on earth. Many good FBI investigators are profoundly upset at their boss Comey’s self-contradictory July announcement.  On top of this, it has become clear that the FBI man who led the investigation is married to a lady who recieved a mountain of money from a group for whom Hillary had raised funding. It has also been revealed that various parties around Hillary had received FBI promises to not prosecute them in return for cooperation. All these procedural oddities have angered the Republican Party with good reason. This must have played a role in Comey (below) now treading super-carefully.

featured_comeyBUT, if, after having dented Hillary’s campaign eleven days before the election, the FBI does NOT indict her, then, if she loses the election, half the nation will cry foul, accuse the FBI of sinking her campaign, and the FBI will never recover its apolitical status. All respect for the FBI’s parent, the Justice Department, will die along with this. Therewith the Rule of Law in the US will be called into question. This is serious stuff, and it will affect the rest of the world, because constitutional instability in the US is bad for the planet.

There is now only one way forward, and that is for the Justice Department to do what it should have done before Hillary tried to corrupt the FBI, namely appoint a Special Prosecutor as for Nixon in the 1970s and/or a Grand Jury. Ideally that Special Prosecutor would be approved by the present Congress. That is the only solution that can cross right through the election without damaging the core institutions of the nation itself. The problem here plainly arose because Comey took upon himself the role of a Grand Jury in July. Any reasonable human being would find it strange that a Grand Jury was instituted to decide whether officer Darren Wilson should be prosecuted in the shooting of Michael Brown in Ferguson, Missouri, but no Grand Jury (or Special Independent Prosecutor) was needed to decide on Hillary’s alleged transgressions.

Despite the above, the US may still face the horror of having its new president bundled from office before her seat in the White House is even hot. But that is better than the mayhem that would result from the “Hillary not indicted but loses election” disaster.

Of course, what would have been infinitely better, would have been for the Democratic Party to have NOT nominated a candidate with such a long history of suspect conduct. There is not a waking American that can tell me that he or she did not know there was a problem. I know, because many Democrats told me so. One Democrat told me “I’d as soon slit my own wrist as vote for that woman.

Maybe it is true that Donald Trump is rubbing his hands together gleefully, but there truly are matters of greater import than the selection of the president, and the faith of the nation in the Rule of Law is such a matter.

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