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Gross Negligence Standard Used In Classified Information Case
July 7, 2016 | Allan J. Favish

Posted on 07/07/2016 10:40:14 PM PDT by AJFavish

When discussing 18 USC § 793(f), the court in this 1995 opinion stated:

The purpose of the federal espionage statute is to protect classified documents from any unauthorized procedures such as “remov[al] from its proper place of custody” regardless of the means of removal, and it was appellant’s gross negligence that was the proximate cause of the classified document’s removal. We stated in United States v. McGuinness, 35 MJ 149, 153 (1992), cert. denied, 507 U.S. 951, 113 S.Ct. 1364, 122 L.Ed.2d 743 (1993), that “it is clear that Congress intended to create a hierarchy of offenses against national security, ranging from ‘classic spying’ to merely losing classified materials through gross negligence.”

U.S. v. Roller, 42 M.J. 264, 266 (1995).

Was Comey asked about this case?


TOPICS: Crime/Corruption; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: clinton; comey; email; fbi; grossnegligence; hillary; intent

1 posted on 07/07/2016 10:40:14 PM PDT by AJFavish
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To: AJFavish

She destroyed govt copies of emails the government required her to keep with them, yet retained her own copies.

Tell me she was unaware this was illegal. With a straight face.

I honest to god think so many people are pissed about this she cant win. Which means look,for a masive false flag from,obama to declare martial law and attempt to stay in the white house through the manufactured crisis.


2 posted on 07/07/2016 11:48:31 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: AJFavish
The purpose of the federal espionage statute is to protect classified documents from any unauthorized procedures such as “remov[al] from its proper place of custody”

Well, gosh durn, 'ol Sandy Berger got away with all those documents tucked everywhere on that little 'ol rotund body of his....sure looks like a Left's way of doing things. I really thought the FBI was above reproach until today...Comey just disappointed the heck out of me........

3 posted on 07/08/2016 12:53:43 AM PDT by yoe
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To: Secret Agent Man

Considering the director’s testimony in the light most favorable to Hillary, the best you can take away is that she is manifestly stupid.

BO has no desire to stay in office. He hates having a job at all, especially representing America. He’ll be looking for a position more commensurate with his special gifts. He’s a good fit for the UN.


4 posted on 07/08/2016 1:10:22 AM PDT by jazminerose (oective)
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To: Secret Agent Man
Which means look for a masive false flag from obama to declare martial law and attempt to stay in the white house through the manufactured crisis.

He may well declare martial law and attempt to suspend the Constitution. However, most if not all military officers in the National Guard and larger armed forces will not recognize any extension of his 2d term of office.

5 posted on 07/08/2016 1:46:42 AM PDT by frog in a pot (The possibility our commander-in-chief can be foreign born to a foreign father thrills globalists.)
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To: sauropod

look up.


6 posted on 07/08/2016 3:40:29 AM PDT by sauropod (Beware the fury of a patient man. I've lost my patience!)
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To: Secret Agent Man

I’ve felt for 7-1/2 years that Zero was going to create a false flag event to keep himself in.


7 posted on 07/08/2016 3:59:38 AM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
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To: frog in a pot

Most/all military leadership who are not sympathetic to the Obama doctrine have been purged.


8 posted on 07/08/2016 4:02:35 AM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
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To: AJFavish

She had no idea she was doing anything wrong?

Too stupid to be president.


9 posted on 07/08/2016 5:23:36 AM PDT by Right Wing Assault (Don't call them Daesh OR ISIS or ISIL, they are always "ISLAMIC State.")
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To: mountn man
Most/all military leadership who are not sympathetic to the Obama doctrine have been purged.

That most likely is a valid assumption, in re the highest level of command. I am thinking more in local terms; local as in where you and I and millions of others can be found.

Perhaps the more important distinction is the percentage of the officer corps that naturally supports the pro-left, lawlessness of the present administration. How badly must the admin misapply the laws and the Constitution before the oath the officers took to support the Constitution kicks in.

Would suspending elections, for the first time in history trigger a response?

I am confident that most realize there is no law or authority, or even unforeseen circumstance, that allows one to continue to occupy the Oval Office at the end of 8 years.

10 posted on 07/08/2016 8:37:25 AM PDT by frog in a pot (The possibility our commander-in-chief can be foreign born to a foreign father thrills globalists.)
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To: frog in a pot
The VAST majority of officers will follow orders.

It sound "nice" to think that there would be a substantial amount that would uphold the constitution, the reality is that soldiers are more beholden to each other. Brothers In Arms.

What you're suggesting would have to be a well coordinated effort. The majority might see the lawlessness, but will not do anything, simply because they need to be a cohesive unit.

We'd all like to think our military is this great, awesome and upright entity. The reality is that it is a organization of individuals, bound together by one thing. NOT the Constitution, but the fact that they are a military unit.

The military does not give orders to the government. It takes orders from the government. It's one thing for officers to get orders and not pass them down. The subordinates don't know anyway. BUT for the officers to go against the government, that will cause fractures in the chain. Many will just refuse.

What you propose is wishful thinking.

11 posted on 07/08/2016 8:56:46 AM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
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To: mountn man
What you propose is wishful thinking.

With that gratuitous statement it becomes apparent you misunderstand the context of the discussion.

BUT for the officers to go against the government, that will cause fractures in the chain. Many will just refuse.

Clue: The context of this discussion supposes elections will be suspended (or ignored) and we will be governed by a patently illegitimate government.

Have a nice weekend.

12 posted on 07/08/2016 9:25:30 AM PDT by frog in a pot (The possibility our commander-in-chief can be foreign born to a foreign father thrills globalists.)
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To: AJFavish

save


13 posted on 07/08/2016 11:56:01 PM PDT by rolling_stone (our founders are rolling over in their graves, and yelling 2nd amendment when all else fails)
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