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Most Disagree with Decision Not to Indict Clinton

Most voters disagree with FBI Director James Comey’s decision not to seek a criminal indictment of Hillary Clinton.

The FBI concluded that Clinton potentially exposed top secret information to hostile countries when she used a private e-mail server as secretary of State, but Comey announced yesterday that the FBI has decided not to pursue a criminal indictment in this matter. A Rasmussen Reports national telephone and online survey – taken last night - finds that 37% of Likely U.S. Voters agree with the FBI’s decision. But 54% disagree and believe the FBI should have sought a criminal indictment of Clinton. Ten percent (10%) are undecided. (To see survey question wording, click here.)

Sixty-four percent (64%) of Democrats agree with Comey’s decision not to seek an indictment of their party’s presumptive presidential nominee. Seventy-nine percent (79%) of Republicans, 63% of voters not affiliated with either major political party and 25% of Democrats disagree with the decision.

Many critics of the FBI’s decision claim that lower-level individuals caught mishandling classified information have been subject to prosecution and severe penalties. But 81% of all voters believe powerful people get preferential treatment when they break the law. Just 10% disagree.

Among those who think powerful people get preferential treatment, 63% disagree with the FBI’s decision not to seek a criminal indictment of Clinton. Ninety percent (90%) of those who do not believe the powerful are treated differently agree with the FBI’s action.

If Clinton had been indicted, however, only 46% of all voters think it would have been possible for her to get a fair trial. Thirty-three percent (33%) say a fair trial would not have been possible, but 21% are not sure.

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The survey of 1,000 Likely Voters was conducted on July 5, 2016 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Voters predicted months ago what the FBI would decide. Sixty-five percent (65%) think it’s likely Clinton broke the law by sending and receiving e-mails containing classified information through a private e-mail server while serving as secretary of State. But just 25% said in January that it was even somewhat likely she would be charged with a felony.

Sixty-two percent (62%) of voters have a favorable opinion of the Federal Bureau of Investigation, but that includes only 16% with a Very Favorable one. Twenty-eight percent (28%) share a favorable view of the federal agency, with 11% who see it Very Favorably.

Eighty-two percent (82%) of voters who agree with the Clinton decision have a favorable opinion of the FBI, compared to just 49% of those who disagree.

Men and those 40 and over are more likely to disagree with the Clinton decision than women and younger voters are. Fifty-eight percent (58%) of blacks agree with the FBI’s decision not to pursue a criminal indictment against Clinton; 57% of whites and 60% of other minority voters disagree.

Sixty-four percent (64%) of political liberals agree with the decision not to go after Clinton on criminal charges. Seventy-five percent (75%) of conservatives and 53% of moderates disagree with that decision.

Those who agree with the decision not to seek an indictment are much more doubtful that Clinton could have received a fair trial.

But sizable majorities across nearly every demographic category agree that powerful people get preferential treatment when they break the law.

Seventy-one percent (71%) of Democrats – and 50% of all voters – said in late May that Clinton should keep running for the presidency even if indicted – until a court determines her guilt or innocence. Just 30% of voters give Clinton good or excellent marks for her handling of questions about her use of the private e-mail server while secretary of State. Forty-nine percent (49%) rate her performance as poor.

Fifty-four percent (54%) said earlier this year that the Justice Department should name an independent prosecutor to decide whether criminal charges should be brought against Clinton. Thirty-three percent (33%) disagreed, while 13% were undecided.

Following the release last week of the final report by the special congressional committee investigating the 2012 terrorist attack in Benghazi, Libya, 49% of voters believe Clinton lied to the families of those killed in Benghazi about the cause of their deaths.

Even prior to the FBI’s announcement yesterday, Republicans had a lot more confidence in Donald Trump’s honesty than Democrats do in Clinton's.

Additional information from this survey and a full demographic breakdown are available to Platinum Members only.

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The survey of 1,000 Likely Voters was conducted on July 5, 2016 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Rasmussen Reports is a media company specializing in the collection, publication and distribution of public opinion information.

We conduct public opinion polls on a variety of topics to inform our audience on events in the news and other topics of interest. To ensure editorial control and independence, we pay for the polls ourselves and generate revenue through the sale of subscriptions, sponsorships, and advertising. Nightly polling on politics, business and lifestyle topics provides the content to update the Rasmussen Reports web site many times each day. If it's in the news, it's in our polls. Additionally, the data drives a daily update newsletter and various media outlets across the country.

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To learn more about our methodology, click here.