Investigation into Hillary's email server focuses on Espionage Act [Facing 10 Years - Trunc]

Daily Mail - uk ^ | 16 Oct 2015 | By David Martosko

[paratrooper82]

If I remember right, Mark Levin was talking about the “Espionage Act” and said that negligence and incompetence is not necessary to convict under the act. He cited section 703(j) of the act (if I remember correctly).

In fact, he stated that having possession of the documents and failing to protect them is enough to go to prison for more than 20 years, not 10 years. Again, if I remember what he said correctly. I am currently looking to review the radio program again where he discussed this act in depth. Mark Levin had a great discussion.

[GOPJ]

Thanks

[paratrooper82]

I stand corrected, after reading title 18 USC 793(f) of the Espionage Act, which does read:

“(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.”

The law does require “negligence” and does carry a 10 year imprisonment and fine or both.

I also read Title 18 USC 793 section (c) that does state:

“(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter;”

That Hillary Clinton also violated that section as well.

Still, it does look like the most she can get is ten (10 Years. I wonder if that is for each violation or for all the violations combined? If it is for each violation of the Espionage Act under Title 18 USC 793 et seq. then she may be looking at many more years than suspected.

Just my opinion.

[Art in Idaho]

We can not rule out that Hillary Clinton committed intentional espionage against the citizens of The United States.

Hillary and Obama are both hard core Alinsky/socialists/communists. How do we know they didn't set the whole server thing up to be easily hacked and give all of our defense and associated R & D secrets to the Russians and Chinese? They are, after all, fellow travelers. Was this part of the 'more flexibility'? Part of leveling the playing field?

Many hackers have said Hillary's serve setup was a 'back door' to our entire Federal Government network. Will this ever be seriously investigated by the FBI and CIA? Is our national security currently at risk? Launch codes, etc? Does anyone really know?

[amorphous]

I'm no law expert either, but since the law speaks of distinct items, multiple charges may be justified in Hillary's case. It's possible hundreds and possibly thousands of documents, sketches, photographs, maps, lists, ..., were “negligently” kept in a very unsecured form. We may even discover one day that many are even in the possession of foreign governments.

Certainly Hillary Clinton, having more than once publicly demonstrated her lack of expertise in the world of data storage/security, is by no stretch of the imagination qualified to sign off on any system of electronic data/document storage or security.

And by her own admission she is at least guilty of negligence, if not far worse, IMO.

[amorphous]

[paratrooper82]

” . . . but since the law speaks of distinct items, multiple charges may be justified in Hillary's case. It's possible hundreds and possibly thousands of documents, sketches, photographs, maps, lists, ..., were “negligently” kept in a very unsecured form. We may even discover one day that many are even in the possession of foreign governments.”

I agree, each incident or violation of title 18 USC 793(f) could, or should be a separate charge, meaning, she could be charged with multiple counts with a possibility of ten years, or a fine, or both on each count.

That could add up to some serious jail time.

Unfortunately, I have this gut feeling, this administration will find a way to extract her from this mess and no charges will be filed against her.