Posted on 08/30/2015 7:16:16 PM PDT by Signalman
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
(b) For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a). (c) In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.
Question: If Hillary Clinton is not convicted of this statute, (assuming the FBI investigation confirms that a violaton took place) could General Petraeus sue to have his conviction vacated ex post facto on the basis of selective prosecution and the constitutional requirement of equal treatment under the law?
Damn' good question. Not a lawyer here but it seems to me Petraeus could win based on unequal treatment. Would be interested to hear what any of FR's legal eagles think.
U some kind of Tea Bagger terrorist?
Then we have a lawless nation ruled by ogliarchs that need to be removed by force if necessary.
That statute only applies to an “officer, employee, contractor, or consultant of the United States”, not a foreign spy.
AND WHAT ABOUT “DRAFT MESSAGING”?
You don’t have to send or receive emails, if you create an account, share the userID and password with someone else, and then you communicate by creating a ‘draft’ of a message. You don’t send it, you save it as a draft.
Then the other person logs in, and looks for a new ‘draft’ message, and reads the letter you started but did not send.
THAT IS WHY WE NEEDED HER SERVER
Some animals are more equal than others. End of story.
OK, but I believe The Secretary of State, by definition, is “an employee of the United States.”
One department head is convicted of mishandling secrets, the other isn't even indicted.
What is the difference between the two department heads?
-PJ
Technically, I guess. Nobody knows fer sure whether she ever filled out the W2. We know she didn’t fill out the requisite exit paperwork when she left.
Nothing will happen & no one will be surprised.
There's one set of rules for "them" and another set of rules for "us."
You are correct sir, unfortunately. Laws are made for little people. Even General Petraeus, apparently, is considered to be a little person. Trey Gowdy, and others, had better watch their backs, and stay far away from Fort Marcy Park. Others have ventured in there, and have taken a dirt nap.
That depends on whether the general has a (D) or (R) after his name
If you honestly think that we have a nation where the law applies equally to all, including the ruling class, then I have a bridge that you might be interested in!
General Pertraeus was convicted of this statute. What if no action is taken against H. Clinton?
Nothing. Next question .
It will be business as usual in the Uniparty.
Sad but true.
The Controlling Legal Authority does whatever the hell is expedient at the time.
Let’s not forget Sandy Berger stealing classified documents, either.
https://en.wikipedia.org/wiki/Sandy_Berger#Unauthorized_removal_of_classified_material
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