The following in their own words
An Investigation or a Review?
Hillary Clinton: "I am not being investigated. The FBI is conducting a routine security Review."
Director Comey: Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.
The Law
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(e) Whoever having unauthorized possession of, access to, or control over any document, [a long list], etc., relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or control of any document...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, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer...Shall be fined under this title or imprisoned not more than ten years, or both.
The Definition
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm. An extremely careless action or an omission that is willful or reckless disregard for the consequences to the safety or property of another.
Securing Sensitive Information
Hillary Clinton: "I fully complied with every rule I was governed by."
"The system we used was set up for President Clinton's office and it had numerous safeguards..so I think that the use of that server...proved to be effective and secure.” (Does not refer to "President Clinton's" server when he was in office, rather his server at Chappaqua.)
Possible? Or Probable?
Hillary Clinton: "There were no security breaches."
Director Comey: [Secretary Clinton] also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.
Classified Information and Documents
Hillary Clinton: “I never sent or received anything marked classified.”
Director Comey: Seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails)
Is That Irrelevant Anyway?
Director Comey: [Although] Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.
Hillary Clinton: "All work-related emails were turned over to the State Department."
Director Comey: The FBI also discovered several thousand work-related e-mails that were not in the group of 30,000 that were returned by Secretary Clinton to State in 2014.
Off the Hook?
Director Comey: Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. 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.
Another Definition
Lie (noun)
1. a false statement made with deliberate intent to deceive; an intentional untruth; a falsehood.
2. something intended or serving to convey a false impression
3. an inaccurate or false statement; a falsehood.
Synonyms: prevarication, falsification.
Antonym: truth.
The Law
Title 18, United States Code, Section 1001
[It is] a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. ("within...the...judicial branch" includes "to" the Federal Bureau of Investigation.
Consequently, it's unlikely any of the above statements were repeated in the interview of the Secretary on Saturday, July 2, 2016.
Remember, it is not a crime to lie to the American People. Perhaps the framers believed the American People have the recourse of the ballot for such miscreants.
Prevarication, Spin, Parsing? Or Plain Spoken Truth?
Here's candidate Hillary's story:
https://www.hillaryclinton.com/briefing/factsheets/2015/07/13/email-facts/
The complete FBI statement:
https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b.-comey-on-the-investigation-of-secretary-hillary-clintons-use-of-a-personal-e-mail-system
And there are many prosecutions with much less evidence and no indication of "criminal intent". Special treatment? Yes. Rule of law? Guess not
ReplyDeleteAnd...in this case..."criminal intent" is not a required element of the crime...all the worse.
ReplyDelete