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OT: So Hillary didn't break the law? I'm confused

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Belldozer1

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Aug 20, 2014
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Seems to me the FBI is very clear that she broke the law but didn't have the "intent" to break the law? What am I missing here?
 
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My understanding is ...Case law doesn't provide a legal precedent for prosecuting a similar case, absent of intent.
I don't know there are prisons across the world full of people not intending to break the law but they did(Hillary deliberately deleted classified emails and lied about it). There's always a first. Point taken though. Not trying to be a smart ass, just mindblowing to me.
 
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I had lunch with a compliance lawyer a couple weeks ago that told me;

A. The applicable statute may not be an actual law covering the issue as it was so poorly written.
B. No prosecutor is going to open that can of worms as it would mean every government official who ever sent an email or a text not on the designated server would also be in violation. He said in his experience is that would be >95% of all government officials over the last 20 years regardless of which side of the aisle they are on.
 
Bill Clinton nominated Lynch in 1999 to her first federal prosecutor job. In 2002, Lynch began working at the same law firm that serves the Clintons. Then, Bill has the private meeting with her.
 
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The statute was written to deal with espionage. The statute starts off with "willfully and knowingly". Its designed for people with security clearance giving documents to people without security clearance. What went on at justice was sloppy and careless but based on the way the statute is written its not criminal
 
The statute was written to deal with espionage. The statute starts off with "willfully and knowingly". Its designed for people with security clearance giving documents to people without security clearance. What went on at justice was sloppy and careless but based on the way the statute is written its not criminal
So Russia claiming they have classified info collected off her server isn't a problem? How will she qualify for a security clearance after this?
 
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No its a problem if it happened. FBI said that the server wasn't compromised but the FBI couldn't crack an iphone so take it for what its worth But again its they way the statute is written. She would have had to willfully and knowingly provided the information to the Russian government. Having it hacked off her server doesn't meet that standard.
 
No its a problem if it happened. FBI said that the server wasn't compromised but the FBI couldn't crack an iphone so take it for what its worth But again its they way the statute is written. She would have had to willfully and knowingly provided the information to the Russian government. Having it hacked off her server doesn't meet that standard.
True but the FBI says in the exact same sentence that due to the various devices and servers Clinton used during her tenure that a breach of that nature likely would not have been detectable. One should read Commey's full briefing attached. Quite damning.https://www.fbi.gov/news/pressrel/p...lary-clintons-use-of-a-personal-e-mail-system
 
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1. Wherever you work, the company always owns the data and the rights to anything you create.
2. When you're dealing with secret data, particularly classified, you absolutely must use secure systems.

Hillary decided, unilaterally, that neither of those 2 applied to her -- and to squash anyone who tried to object. She decided this just prior to starting as Secretary of State. She wanted to own the data herself, and decide what to share with the State Department, and eventually historians and Americans like you and me. She wanted to edit history, in preparation for this run for President. That's as intentional as we need to know.

Even if it could be shown that no enemy (or ally) of the United States of America did successfully gain access to a then-classified document--which is a questionable premise--the way email and servers work, the system she had set up invited that very possibility. All it takes is for a recipient using a secure email address to forward her in on something classified, and then for that insecure server to be hacked. Easy as pie.

Despite this, I'm completely sure that she's a better alternative than the despicable circus manager and true demagogue. At least she's intelligent and knows how to be President, won't fan the flames of racial hatred, nor take advantage of (and promote) the ignorance of millions of Americans. She won't lie half as much.

For the next 4 years we'll be relying heavily on Congress and SCOTUS to keep the President in check. No matter who wins. May God help the United States of America!
 
I agree with all that is said. It was a huge mistake and there is a possibility that her server was hacked but again the statute, "willfully and knowingly"
 
Really- a naval reservist unwittingly downloaded a couple of classified docs and took them home. He thought he was downloading his protocol info. Turns out he got 2 years probation and a $7500 fine.

So to sum up, she's not a criminal- she's just fvcking incompetent. Nice to know.

Banana Republic kids. The rules applied to the ruling class don't apply to us pleebs.

Swvahorn, I know you protest this---- but perhaps, since laws only apply to us "common folk", maybe it's time for a divorce. You and I both know that when you were a soldier, if you'd have "accidently and not intentionally" shared classified info, you'd have been sent to Leavenworth.

#texit was a joke at first---
 
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I agree with all that is said. It was a huge mistake and there is a possibility that her server was hacked but again the statute, "willfully and knowingly"
Wouldn't her "willingly and knowingly" looking at classified emails on her personal email account on her personal partially unsecured server meet that requirement under extreme carelessness? The definition of gross negligence is extreme carelessness. This comment to me by Commey(and no doubt instructed by Obama and Lynch) pretty much says it all about free passes being given here: "To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now."

Freaking despicable.
 
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So I'm watching the video of Comley telling us all this BS about no intent. And what I'm really hearing is. "I don't want to push this because i don't want to die in an strange and unexpected way".

We are handing the presidency to a POS dirty politician who makes Boss Tween and Tammany hall look like angels.

the good news is, this woman can be sold to the highest bidder and will do what it takes to make money hand over fist.

I will say this, just like with every election, America will get exactly what it deserves.

But who knows, maybe Jaime Lannister will be added to her security detail.
 
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The FBI is so inept that it is no wonder to me that they see no reason to prosecute. Remember that Hoover swore for decades that there was no organized crime in the country. ....no surprise to me, what is surprising is that the American public gives any credence to that clown act anyway.
 
Wouldn't her "willingly and knowingly" looking at classified emails on her personal email account on her personal partially unsecured server meet that requirement under extreme carelessness? The definition of gross negligence is extreme carelessness. This comment to me by Commey(and no doubt instructed by Obama and Lynch) pretty much says it all about free passes being given here: "To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now."

Freaking despicable.

The personal server isn't actually illegal. The previous two secretaries of state had personal servers. The issues become the disclosure of classified info. Here is the Statute
18 U.S. Code § 798
"Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—"

In order for it to get to criminal level she would have had to knowingly and willfully send a document that she knew was classified to someone who didn't have security clearance and that had to harm the US or help a foreign government. The statutes regarding this subject are meant for espionage.
 
1. Wherever you work, the company always owns the data and the rights to anything you create.
2. When you're dealing with secret data, particularly classified, you absolutely must use secure systems.

Hillary decided, unilaterally, that neither of those 2 applied to her -- and to squash anyone who tried to object. She decided this just prior to starting as Secretary of State. She wanted to own the data herself, and decide what to share with the State Department, and eventually historians and Americans like you and me. She wanted to edit history, in preparation for this run for President. That's as intentional as we need to know.

Even if it could be shown that no enemy (or ally) of the United States of America did successfully gain access to a then-classified document--which is a questionable premise--the way email and servers work, the system she had set up invited that very possibility. All it takes is for a recipient using a secure email address to forward her in on something classified, and then for that insecure server to be hacked. Easy as pie.

Despite this, I'm completely sure that she's a better alternative than the despicable circus manager and true demagogue. At least she's intelligent and knows how to be President, won't fan the flames of racial hatred, nor take advantage of (and promote) the ignorance of millions of Americans. She won't lie half as much.

For the next 4 years we'll be relying heavily on Congress and SCOTUS to keep the President in check. No matter who wins. May God help the United States of America!

Wow that's pure comedy there.
 
People sit in prison for what our news media likes to refer to as "sloppy" work. Her actions were either criminal behavior, or incompetence. BOTH scenarios are grounds for dismissal for pretty much any job. Well, unless you're a Democrat politician.
 
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Exactly. The statute has a mens rea requirement. Pretty straightforward.

18 U.S. Code § 793 - Gathering, transmitting or losing defense information

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed...

Shall be fined under this title or imprisoned not more than ten years, or both.


It might be considered grossly negligent to traffic classified information on a private server in willful violation of the rules governing transmission of such information.

If there was evidence that her private server was hacked and that classified information was stolen, such facts could support a prosecution even in the absence of mens rea if gross negligence can be established.

It seems likely that they lack this evidence, and therefore lack the evidence for a successful prosecution.

All's well that ends well.

Hook 'em
 
18 U.S. Code § 793 - Gathering, transmitting or losing defense information

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed...

Shall be fined under this title or imprisoned not more than ten years, or both.


It might be considered grossly negligent to traffic classified information on a private server in willful violation of the rules governing transmission of such information.

If there was evidence that her private server was hacked and that classified information was stolen, such facts could support a prosecution even in the absence of mens rea if gross negligence can be established.

It seems likely that they lack this evidence, and therefore lack the evidence for a successful prosecution.

All's well that ends well.

Hook 'em
Her private server WAS hacked. Wiki leaks put 30,000 of her emails on their site yesterday.

How did they get them????

I promise you she didn't just hand them over.
 
Her private server WAS hacked. Wiki leaks put 30,000 of her emails on their site yesterday.

How did they get them????

I promise you she didn't just hand them over.

The wiki leaks database includes emails that were released by the state department in response to FOIA requests (according to their website).

I'm not aware of any solid evidence that the Hillary email server was hacked, although there has been a lot of speculation. I suspect that her emails are 'archived' in their entirety by the NSA along with a log of all traffic to/from that server IP.

Even if the feds have intel indicating that her server was hacked and by who, perhaps they are disinclined to prosecute so as to avoid revealing their means and methods to those responsible for the hacks.

It's hard to know what's really going on beneath all the smoke.

Hook 'em
 
Her private server WAS hacked. Wiki leaks put 30,000 of her emails on their site yesterday.

How did they get them????

I promise you she didn't just hand them over.
Nor did she hand them all over. Her lawyers attempted to scrub her servers
 
The wiki leaks database includes emails that were released by the state department in response to FOIA requests (according to their website).

I'm not aware of any solid evidence that the Hillary email server was hacked, although there has been a lot of speculation. I suspect that her emails are 'archived' in their entirety by the NSA along with a log of all traffic to/from that server IP.

Even if the feds have intel indicating that her server was hacked and by who, perhaps they are disinclined to prosecute so as to avoid revealing their means and methods to those responsible for the hacks.

It's hard to know what's really going on beneath all the smoke.

Hook 'em
True. These 30,000 emails were released. Perhaps Russia needs to go ahead and call some bluffs and release what they say they have just to set the record straight.
 
Thanks for clarifying HornosaurusRex- I'm sitting on a plane on the Atlanta runway stuck in weather- 2 hours now- and have just been perusing headlines.


Sooooo, if comrade Pooty-poot really does have her emails, that means all he'd have to do is leak 1, just 1 Itty bitty email and it's on like donkey Kong?

If I'm Pooty, I just send her an early Xmas card and be like-

(In my best Yakoff Smirnoff accent)

Greetings from Moscow Lady Clinton,

Please tell husband I miss him and his naked saxophone jokes. For sure you would be knowing that years ago, Soviet computer spy made mess of server while taking emails from you. But, have no fear solchka, I keep emails in safe place under Kremlin. But now we should be having little chat...yes? Perhaps you introduce me to Katy Perry. You play Katy Perry song at rally each time but never I see her. I have "eye of tiger" for Katy-- if you catching my drifting.
So, we have emails, you have Katy Perry- we make trade.

See you at Holiday with tree and fat man in red suit.

Vlad
 
Seems to me the FBI is very clear that she broke the law but didn't have the "intent" to break the law? What am I missing here?

there are not enough tin foil hats made yet to cover all of the grassy noles and outright BS in this thread..funny to see con's gnashing their teeth and pulling hair over emails...emails...ROFL..too rich
 
Lupar_horns, it's about the rule of law. If classified emails or documents were blatantly mishandled and not sufficiently protected- that's a violation of the law.

You can't have two sets of rules- one for the ruling class and one for the rest of us. Either people obey the law or they don't.

It's obvious she violated the law, but "unintentionally". Try that out on a cop the next time he pops you for speeding.
 
there are not enough tin foil hats made yet to cover all of the grassy noles and outright BS in this thread..funny to see con's gnashing their teeth and pulling hair over emails...emails...ROFL..too rich
And, btw, short little side note that there's absolutely zero debate over-- she told Congress, and I quote "I have never sent any emails over my server that were labeled 'classified'.......... at the time."

The FBI director straight up said "yes she did". Period. End of debate. End of argument. No discussion needed. When you lie to Congress, that's called perjury. Did she know she was lying? Doesn't matter. If you or I lied to Congress, even if it was an "honest mistake", we'd be in jail.
 
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