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.My understanding is ...Case law doesn't provide a legal precedent for prosecuting a similar case, absent of intent.
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?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
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-systemNo 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.
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."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.
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!
Exactly. The statute has a mens rea requirement. Pretty straightforward.
Her private server WAS hacked. Wiki leaks put 30,000 of her emails on their site yesterday.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.
Nor did she hand them all over. Her lawyers attempted to scrub her serversHer 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.
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.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
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?
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."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