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Bill O'Reilly Seems a Bit Confused Thinking Intent Required to Indict Hillary (Oh Really?)
BillOReilly.com ^ | 7/5/16 | Bill O'Reilly

Posted on 07/06/2016 9:08:38 AM PDT by Jim W N

The negligence thing bothers me even if there were no intent to subvert federal law. If you leave a child in a hot car and that child is harmed, you will be charged with negligence even if the action was unintentional. By minimizing the negligence issue in the Clinton case, Director Comey puts his agency under scrutiny. I am not casting aspersions on Comey's honesty, I believe he is a credible man and I don't believe he would tank an investigation. But the people are owed a more detailed explanation about negligence that put our national security in jeopardy. Finally, it is more than likely that the FBI tipped off President Obama as to what was going to happen today. That's not to say that Director Comey was working with the president in any way, but the bureau knew Mr. Obama was allowing Hillary Clinton to ride on Air Force One to a campaign event in North Carolina. So it is inconceivable that the director of the FBI and Attorney General Loretta Lynch would allow that to happen if Hillary Clinton was going to be charged. Summing up, the FBI says lack of intent to subvert federal law is the reason the agency is not recommending charges against Hillary Clinton. But Director Comey downplayed the negligence issue and that is very troubling."

(Excerpt) Read more at billoreilly.com ...


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KEYWORDS: billoreilly; corruption; emails; hillary
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To: Jim 0216

It isn’t the negligence defense. It is the incompetence defense. Incompetent in handling classified matter. Incompetent in ....

The solution is a political solution, not a judicial solution. All voters are now the jury.


21 posted on 07/06/2016 9:47:55 AM PDT by spintreebob
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To: Vic S

Negligence IS accidental. Mistake is no defense to a negligence crime which is what this is.


22 posted on 07/06/2016 9:56:11 AM PDT by Jim W N
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To: Redwood71
It's not a matter of opinion - my objection to O'Reilly's confusion - it's a matter of law.

18 U.S. Code § 793(f) - 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, 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.

23 posted on 07/06/2016 10:15:41 AM PDT by Jim W N
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To: Jim 0216

He frequently seems confused by his tendency to always search for middle-ground where none exists.


24 posted on 07/06/2016 10:20:22 AM PDT by kimoajax (Rack'em & Stack'em)
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To: slumber1
Yes, but people like O'Reilly will argue intent with you - but intent is irrelevant according to the statute. All that's needed is GROSS NEGLIGENCE (recklessness). Mistake is no defense. And unintentional is no defense.

18 U.S. Code § 793(f) - 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, 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.

25 posted on 07/06/2016 10:20:27 AM PDT by Jim W N
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To: xzins
My objection is his focus was on a personal level of "troubling" rather than the accuracy that the probability of gross negligence is all that's needed to indict. Instead he semi-defends the FBI when talking to people like Trump and equivocates with Krauthammer.

BTW, here's the relevant statute:

18 U.S. Code § 793(f) - 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, 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.

26 posted on 07/06/2016 10:24:49 AM PDT by Jim W N
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To: The Continental Op

My spidey sense goes off the charts when I watch and listen to that lying, evil female demon.


27 posted on 07/06/2016 10:29:02 AM PDT by MHGinTN (Democrats bait then switch; their fishy voters buy it every time.)
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To: Jim 0216

They are similar. Negligence seems to refer to not placing due dilligence or ‘you should of known better’, while accident is including an image in an email that you thought you deleted (or something like that.)

All I really mean is, it doesn’t matter for what reason the information was there. It just matters that it was.


28 posted on 07/06/2016 10:29:28 AM PDT by Vic S
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To: The Continental Op

Trump’s gotta use that.

IMO Hillary is toast, I don’t care what these officials and pundits say. I don’t think she’ll make it to the general election.


29 posted on 07/06/2016 10:34:42 AM PDT by Jim W N
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To: spintreebob

That may be, but right now we’re dealing with a violation of a federal law which only requires gross negligence of which she definitely has probably cause.

I think Hillary is toast. IMO, regardless of all the hoopla, I don’t think she’s going to make it to the general election. Hillary may be headed for the Big House or some reasonable facsimile thereof.


30 posted on 07/06/2016 10:41:07 AM PDT by Jim W N
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To: kimoajax

Exactly. It is exactly his equivocation, which IMO is a give-in to political correctness, that turns me off and why I turn the channel. The only reason I had him on last night was his interview with Trump but I don’t think I can even hack his interviews with Trump anymore.

Trump himself doesn’t seem to mind and seems pretty affable with those that are friendly to him. I don’t care. I just want to see Trump blast Hillary AND political correctness out of the water.


31 posted on 07/06/2016 10:45:44 AM PDT by Jim W N
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To: Vic S

Well, again, this statute requires gross negligence which is recklessness of which Hillary seems to have probable cause.

They’re hoping this will blow over - the way No-Drama Obama has run his presidency. “They (the American People) are stupid and with the MSM on our side, it’ll all blow over soon enough.”

I don’t think so. I think Hillary is going down to Chinatown before the general election.


32 posted on 07/06/2016 10:51:03 AM PDT by Jim W N
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To: TakebackGOP

“Even-handed” = “fair and balanced” = dumb and dumber. Politically correct.


33 posted on 07/06/2016 11:01:08 AM PDT by Jim W N
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To: Jim 0216

34 posted on 07/06/2016 11:26:24 AM PDT by RavenLooneyToon (Trump or Bust.If you don't vote then STFU and leave the country, non-voters =non-Republic.)
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To: Jim 0216

The O’Reilly Factor is a great show! When there is a guest host, that is.


35 posted on 07/06/2016 11:29:43 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: Jim 0216

Well, I’m not a lawyer (obviously), but there are many statutes. This statute seems to be the one they want us focused on.

The statues for confidential data may indeed require ‘gross negligance’. But the one for Secret is stricter, the one for Top Secret would be even stricter. Then the one for SAP information (which I’m talking about) probably doesn’t care why you made the info accessbile.

I think Trump will hammer this and it may require the FBI does more. Even if more is hammer her on the Foundation more than they originally planned.


36 posted on 07/06/2016 11:30:02 AM PDT by Vic S
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To: Jim 0216
O'Baxter photo Bill OBaxter_zpsqwc98mgg.jpeg
37 posted on 07/06/2016 11:56:02 AM PDT by shortstop (Why is the worst Pope of my lifetime serving at the same time as the worst President of my lifetime?)
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To: shortstop

AKA, The Oh Really? Factor.


38 posted on 07/06/2016 12:12:25 PM PDT by Jim W N
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To: Jim 0216

Trump’s gotta use that.

IMO Hillary is toast, I don’t care what these officials and pundits say. I don’t think she’ll make it to the general election.
________

I agree Trump must use it. He has a version on his website that is not near as good as this one, IMHO.
As to HRC not making it to the election—don’t kid yourself. This witch has wanted this all her life, and if she is still sucking air, she NEVER quit.
Like a vampire, or zombie, she must be destroyed utterly. We need to keep the heat on every day for the next 120 days—that’s how long we have to save this country from her.


39 posted on 07/06/2016 12:18:34 PM PDT by The Continental Op
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To: Eddie01

What a jerk. I never knew about that. In my mind, there are a number of us who have various opinions. I for one tend to not be the most social conservative person on this site and was not a Trump supporter during the primary. But, hey I still like it here, enjoy the opinions, kill myself laughing at all of those photographs and cartoons and willing to give Trump a chance.


40 posted on 07/06/2016 12:27:44 PM PDT by hawkaw
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