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Restoring the Rule of Law to the Protection of Classified Information
National Review ^ | 1/6/18 | Andrew C McCarthy

Posted on 01/06/2018 2:46:47 PM PST by randita

In the Clinton-email case, her intent, regardless of her motive, was clearly criminal. The Justice Department is reviving investigations involving Hillary Clinton’s emails and the degree to which the State Department during Mrs. Clinton’s tenure as secretary was put in the service of the Clinton Foundation. Good. Indeed, it is long overdue. It underscores a point we’ve tried to make repeatedly here: You don’t need a special counsel for this kind of thing; such investigations are what we have a Justice Department full of career prosecutors for. The perverse institution of the independent prosecutor should be shunned whenever possible — and its jurisdiction tightly confined in the rare necessary case.

All that said, investigations involving the mishandling of classified information by officials with privileged access to it will go nowhere unless the Justice Department restores the rule of law: Investigators and prosecutors applying congressional statutes, not rewriting them as dictated by their political masters.

As we have recounted (see, e.g., here), in April 2016, when the Clinton-emails investigation was in full swing but before it was anywhere close to completion, President Obama gave a nationally televised interview in which he made clear that he did not want criminal charges brought against his former secretary of state — and the already certain Democratic candidate to succeed him. Obama made two duplicitous points: Mrs. Clinton (1) had exhibited “carelessness,” but nothing worse, by using a private, non-secure email system to conduct State Department business, and (2) had not intended to endanger American national security when she stored and transmitted classified information on this system.

Read more at: http://www.nationalreview.com/article/455202/hillary-clinton-email-investigations-trump-justice-department-revives-motive-criminal-intent

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


TOPICS: Crime/Corruption; Government; Politics/Elections
KEYWORDS: andymccarthy; classifieddata; classifieddocs; clinton; clintonemails; corruption; email; hillary

1 posted on 01/06/2018 2:46:47 PM PST by randita
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To: randita

Let’s also restore the Rule of Law to protect children from pedophilia.

Including full prosecution of politicians and executives involved in pedophilic occult rituals.

And to destroy the worldwide pedophilia industry.


2 posted on 01/06/2018 2:52:30 PM PST by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: randita

Execute or imprison all violators.


3 posted on 01/06/2018 3:01:15 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: randita

The ‘no intent’ defense was never a part of the statutes regarding safeguarding classified information, in any of the training I underwent. There should not be a different standard for the elitists.
HRC, along with Rice, Huma, Loretta, Comey, Zero, WJC, and all the rest should be made to answer for their criminal undertakings and the corruption they cultivated at the expense of the taxpayers of this country.

Do your job, Mr AG Sessions! Do your job!


4 posted on 01/06/2018 3:07:32 PM PST by PubliusMM (RKBA; a matter of fact, not opinion. Mr Trump, we've got your six.)
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To: PubliusMM

The sailor who went to prison for taking a couple of pics in his submarine clearly had no intent to violate the law.


5 posted on 01/06/2018 3:17:10 PM PST by TigersEye (0bama. The Legacy is a lie. The lie is the Legacy.)
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To: DarthVader
That would cause a mass exodus of the entire defense labor force unwilling to handle classified by fear of making mistake, and then we'd all be herded into Chinese labor camps.

Great thinking.

How about we simplify the classification system by law so that an Executive Order is not necessary? Then enforce it.

6 posted on 01/06/2018 3:23:09 PM PST by Salvavida (The Missouri citizen's militia sends its regards.)
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To: randita

I’m surprised that intent is a consideration in any case related to handling of classified material. As the article says, those who receive security clearances to handle such material are instructed as to the requirements and the importance, and are required to sign a statement saying the understand the requirements and will follow them.

The mere fact that someone did not follow the guidelines should be all that has to be proved. When we get a driver’s license we go through a similar procedure and are tested on the road for driving skill and given a written test to prove we understand traffic law.

What Hillary did was the equivalent of a licensed driver driving down the highway drunk at 100 mph. No one would, or should, be having mealy mouthed debates about whether that driver intended to break the law, and there should be no such debates when someone clearly failed to follow the guidelines for handling classified material.

I wonder if the same guidelines/requirements apply to members of the military and regular government employees?


7 posted on 01/06/2018 3:31:58 PM PST by Will88
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To: randita

How do you separate intent from motive?


8 posted on 01/06/2018 3:35:53 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: randita
Obama made two duplicitous points: Mrs. Clinton (1) had exhibited “carelessness,” but nothing worse, by using a private, non-secure email system to conduct State Department business, and (2) had not intended to endanger American national security...

You say carelessness, I say gross intentional negligence. Either way IT DOES NOT MATTER. Classified information was mishandled and leaked into non-secure channels. THAT IS A CRIME. Carelessness does not matter. Intent does not matter. When you are entrusted with classified information you are RESPONSIBLE. I know that whole personal accountability, personal responsibility thing is foreign to liberals but it does exist in the real world.

Clinton and her cohorts in crime intentionally exposed classified information. This is an absolute no-brainer. Go to jail. Go directly to jail. Do not pass Go, do not collection $200 (million) from foreign donors.

They have to, absolutely have to investigate, prosecute, convict, and imprison Hillary Clinton and probably several dozen others who knowingly participated in her treason. If they don't, we will never be able to successfully prosecute a national security case again. Without Clinton in prison, any future defense attorney defending someone else who leaks classified will simply cite equal protection and the precedent set here.

Not only is it right and just, it is required that Clinton go to prison.

9 posted on 01/06/2018 3:48:53 PM PST by ThunderSleeps (Doing my part to help make America great again!)
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To: Salvavida
That would cause a mass exodus of the entire defense labor force unwilling to handle classified by fear of making mistake ...

Great thinking.

Actually no. The threat of prosecution for mishandling classified is something you accept when you sign on the dotted line. It is clearly spelled out. Thousands of people are more than willing to step up, say yes I can and will be responsible, and get the job done.

It is knowing exactly what the consequences are, and would be for myself, friends and coworkers if we were guilty of even a fraction of Clinton's crimes that makes my blood boil. That lying POS {explative} {body-part} {unprintable} should be stood up against a wall and shot. The fact that she and her co-conspirators are still drawing breath is an afront to every single honest American.

10 posted on 01/06/2018 3:55:59 PM PST by ThunderSleeps (Doing my part to help make America great again!)
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To: randita

Andy, Andy, Andy.....

You have omitted the entire point !!

What exactly was the point of HAVING A PRIVATE EMAIL SERVER ??

1) To maintain private communications that could/would/should be considered TREASON by the very statute you mention.

2) To avoid FOIA requests to examine those VERY EMAILS mentioned in point 1 !!

3) The Clintons were running a graft operation to enrich themselves at the expense of the United States. An entity to which they have demonstrated over and over that they detest.

Andy....get with the program here bud. You are being a Weasley lawyer again. You need to step away from the Bar Association and start acting like an American...not a lawyer.


11 posted on 01/06/2018 3:58:22 PM PST by Ouderkirk (Life is about ass, you're either covering, hauling, laughing, kicking, kissing, or behaving like one)
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To: ThunderSleeps

You obviously didn’t read DarthVader’s response. I’ve been in the business for 30 years, and I’ll leave tomorrow if there was a chance I could be executed.


12 posted on 01/06/2018 4:58:07 PM PST by Salvavida (The Missouri citizen's militia sends its regards.)
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To: Will88

It’s a misuse of the concept of intent. Intent for the purposes of criminal law doesn’t involve motive; it just means “not by accident”. The only question is whether she intended to set up her private server and send classified emails to it.


13 posted on 01/06/2018 5:41:53 PM PST by Behind the Blue Wall
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To: DarthVader

Exactly! If any of us average Joes had a security clearance and did this, we’d be facing jail time. But because its a Rat, specifically a Clinton, we can practically guarantee nothing will come of it.


14 posted on 01/07/2018 12:42:35 AM PST by hughesm1 (The left is at war with natural law, human nature.)
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To: randita
Clinton . . . wrote in her memoir about the extraordinary steps she was required to take to safeguard classified information.
The link Hard Choices is to a FR thread on this topic.

15 posted on 01/07/2018 9:53:49 AM PST by conservatism_IS_compassion (Presses can be 'associated,' or presses can be independent. Demand independent presses.)
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To: marktwain; Lazamataz
How do you separate intent from motive?
By distinguishing Laz’s expressed desire to “hit it” from the fact that he hasn’t actually planned to “hit” every woman whose picture has appeared on an FR thread.

(At least I don’t think so . . .)


16 posted on 01/07/2018 10:01:00 AM PST by conservatism_IS_compassion (Presses can be 'associated,' or presses can be independent. Demand independent presses.)
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