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To: frog in a pot

One of the elements of res mensa is recklessness. The precise definition of recklessness has been contested and has evolved. It generally involves a person pursuing a course of action while consciously disregarding the fact that the action gives rise to a substantial and unjustifiable risk.

That’s what she did.


71 posted on 07/07/2016 10:26:57 AM PDT by JeanLM (Obama proves melanin is just enough to win elections)
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To: JeanLM
That’s what she did.

Quite right. My point is that the case becomes problematic if the intent element is applied rather than a gross negligence element. Which is what Comey did in order to support his conclusion. As someone argued elsewhere, Comey was proceeding as a defense attorney might with a theory that might be difficult for a jury.

IMO, Gowdy should not have entertained an intent discussion but should have focused on her gross negligence. (He may have; I haven't read a transcript of the event.)

Almost everyone would agree that purposely operating a unauthorized scheme for several years that effectively posted our nation's top secret information in the public squares of hostile environments for the benefit of hostile actors - is grossly negligent even if one did not desire a hostile result.

89 posted on 07/07/2016 11:06:23 AM PDT by frog in a pot (Evil are those who deny their fellow man the means of self-defense.)
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