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To: FredZarguna

Comey never argued that Hillary didn’t break the law, but did not recommend prosecution because there was no intent. So all they need is an email or other evidence that proves intent, and her goose is cooked.


54 posted on 10/28/2016 11:24:09 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: smokingfrog
Actually, Comey did say that she did not break the law, because in his legal opinion, the law requires intent. Mens rea ("criminal intent") is a requirement of most crimes. It is not a requirement of the espionage act.

Comey's legal interpretation was flat out wrong.

The espionage act specifically says that gross negligence alone, with or without intent, is a violation of the statute.

But in any case it is a moot point. One can never really know what is in another person's mind, so the the question of intent invariably requires specific tests for its application, which all prosecutors use. One of them is action of apparent "guilty knowledge." Clinton repeatedly refused requests to provide evidence, and by her own admission deliberately destroyed evidence. That alone is proof of intent in most courtrooms.

Comey's legal interpretation was a facile rationalization to do what his masters told him to do.

59 posted on 10/28/2016 11:41:43 PM PDT by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward Fifth Avenue to be born?)
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