Top FBI lawyer thought Hillary should be charged

Hillary Clinton speaking at the Brown & Black Presidential Forum at Sheslow Auditorium at Drake University in Des Moines, Iowa, Jan. 11, 2016 (Gage Skidmore, Wikimedia Commons)

Former FBI General Counsel James Baker originally believed Hillary Clinton should be charged for mishandling highly classified information, according to his testimony to Senate and House committees.

Baker thought Clinton's use of a private server to transmit classified information was "alarming" and "appalling," reported investigative reporter Sara Carter.

The FBI's top lawyer believed the former secretary of state's behavior was sufficient to obtain an indictment under the Espionage Act for mishandling sensitive government documents.

Baker changed his position only after arguing and discussing the issue over a period of time with senior colleagues, including then-Director James Comey.

Comey drafted an exoneration of Clinton in May 2017 then announced July 5, 2017, the FBI would not refer charges to the Justice Department.

His change of mind, he said, came "pretty late in the process."

Baker is currently under a DOJ investigation for allegedly leaking information to the media.

Still believes Clinton's actions 'appalling'

“As the FBI general counsel, you originally believed it was appropriate, it was appropriate to charge Hillary Clinton with violation of the law for mishandling classified information,” asked Rep. John Ratcliff, R-Texas of the House Oversight and Government Reform Committee.

Baker said he reviewed a classified "binder" that contained sensitive and highly classified emails she was transmitting over her private server.

"My original belief after, well, after having conducted the investigation and towards the end of it, then sitting down and reading a binder of her materials, I thought that it was alarming, appalling, whatever words I said. And argued with others about why they thought she shouldn't be charged," said Baker.

He also acknowledged telling Department of Justice Inspector General Michael Horowitz, who is currently investigating the FBI's handling of the Russia probe, that the conduct of Clinton and her associates was "appalling."

Ratcliff asked Baker if he still believed Clinton's mishandling of the classified information was appalling.

"Yes," he said.

Baker explained, however, that Comey and others eventually convinced him that they couldn't prove Clinton’s intentions in mishandling the classified information.

He said the government "could not establish beyond a reasonable doubt that she had the intent necessary to violate" the law.