Libertarians disagree on response to DOJ decision not to charge Clinton
Last week, when FBI Director James Comey cleared presumptive Democratic presidential nominee Hillary Clinton of any crimes for using a private email server for work as secretary of state, the Libertarian National Committee responded posting a press release on its website.
It sharply denounced Comey's decision, slammed against Clinton, calling her a disqualified candidate for commander-in-chief, and it pleaded with Americans to recognize the decision as a "serious miscarriage of justice."
"In essence, Hillary Clinton thinks that she should not be held to the same standards that other Americans are, and our Justice system is allowing that to happen," said Nicholas Sarwark, chair of the Libertarian National Committee, in the release. "This is elitist, tyrannical and completely un-American. No one should be above the law."
But before the FBI announced its decision not to recommend charges against Clinton, the Libertarian standard-bearer, presidential nominee Gary Johnson, made it clear he didn't share his party's sentiment during an interview on CNN's "State of the Union" on July 3.
"I'm not a stone-thrower when it comes to Hillary Clinton and her emails and her server," he said. "I don't think there has been criminal intent on Hillary Clinton's part. I don't see an indictment."
Running mate, Bill Weld, who worked with Clinton for the House Judiciary Committee to impeach President Nixon, answered questions about the email issue in late May when the duo secured the Libertarian ticket in Orlando, Florida.
Was Clinton a good secretary of state?
"Yes," Weld replied.
Is this email controversy worthy of a federal indictment?
"No," he said. "I think it's a nonstarter."
Johnson's and Weld's communications director, Joe Hunter, told CBS News both candidates "expressed doubts prior to Director Comey's announcement that Ms. Clinton would be indicted and believe that the Director's statement was appropriate."
"That, however, is a separate issue from whether Ms. Clinton's actions reflected good judgment, and that is a legitimate question," Hunter continued in his written statement.
Kentucky Libertarian and Republican Sen. Rand Paul's response was more in keeping with the Libertarian party.
"The decision is astounding. People have gone to jail for far less severe breaches of classified information and national security," Paul wrote in a Time op-ed published the same day Comey announced his recommendation. "This is a loss for the rule of law and further degrades Americans' faith in the justice system."
Reason Magazine Editor Nick Gillespie said the disconnect between the Sarwark's press release statement and Johnson's and Weld's response has everything to do with balancing party politics and political ideology.
"Gary Johnson draws the attention of Democratic supporters who actually don't like Hillary Clinton and gives them an alternative by not being rigidly against her for simply being Hillary Clinton," Gillespie said. "I think politically, his response makes a whole lot of sense."
Sarwark, too, seemed unsurprised by the disparity in the responses.
"The campaign is run independently from the party," Sarwark said. "The party doesn't run the campaign and vice-versa."
Libertarian voters may not be all that interested in the issue -- Sarwark said he doesn't know the email controversy "would be something that it's going to alienate more voters than it's going to attract."
Recent polls, though early, have suggested that Johnson draws some voters from both Democrats and Republicans -- a Pew poll released last Thursday showed Clinton leading a head-to-head matchup with Trump 51-42 percent. With Johnson included, Clinton still led, 45-36, percent, with Johnson drawing 11 percent. But even with Johnson in the race, the margin between Clinton and Trump remained the same: 9 points.
Even though Gillespie doesn't think Johnson can win the election, he does think Clinton's email controversy benefits outsider, third-party candidates like Johnson and Jill Stein of the Green Party.
"It showcases exactly how the system works to preserve a two party monopoly that is becoming less and less relevant to typical people's lives."