Posted on 08/31/2015 11:44:01 AM PDT by SeekAndFind
Experts in government secrecy law see almost no possibility of criminal action against Hillary Clinton or her top aides in connection with now-classified information sent over unsecure email while she was secretary of state, based on the public evidence thus far.
Some Republicans, including leading GOP presidential candidate Donald Trump, have called Clinton's actions criminal and compared her situation to that of David Petraeus, the former CIA director who was prosecuted for giving top secret information to his paramour. Others have cited the case of another past CIA chief, John Deutch, who took highly classified material home.
But in both of those cases, no one disputed that the information was highly classified and in many cases top secret. Petraeus pleaded guilty to a misdemeanor; Deutch was pardoned by President Bill Clinton.
By contrast, there is no evidence of emails stored in Hillary Clinton's private server bearing classified markings. State Department officials say they don't believe that emails she sent or received included material classified at the time. And even if other government officials dispute that assertion, it is extremely difficult to prove anyone knowingly mishandled secrets.
"How can you be on notice if there are no markings?" said Leslie McAdoo, a lawyer who frequently handles security-clearance cases.
Clinton's critics have focused on the unusual, home-brew email server Clinton used while in office and suggested that she should have known that secrets were improperly coursing through an unsecure system, leaving them easily hackable for foreign intelligence agencies. But to prove a crime, the government would have to demonstrate that Clinton or aides knew they were mishandling the information not that she should have known.
A case would be possible if material emerges that is so sensitive Clinton must have known it was highly classified, whether marked or not, McAdoo said.
(Excerpt) Read more at masslive.com ...
Speaker Bonehead was too outraged over the mountain re-naming to comment.
Their eyes may be closed but Hillary's FBI files on them are open!
The FBI “A Team” is going to agree with the panel of “legal experts.” Everything is perfectly OK, nothing to see here, move along.
Now back to our regularly scheduled coverage of the Republican War on Women.
Just in: State Dept found about another 150 Clinton emails with classified information — more now @FoxNews @GretchenCarlson
https://twitter.com/edhenry/status/638410976040198144
Why is John Kerry obstructing justice?
Strokesalot Hillary is full of .......uhm.......pancakes
Like a geico commercial: “If you’re John f’n kohn-heinz_kerrey, it’s what you do.”
How many of these legal experts have contributed to the Clintons’?
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term office does not include the office held by any person as a retired officer of the Armed Forces of the United States.
McAdoo is nothing but a defense attorney. BS is her job.
How much did Hillary 2016 pay for these “experts in government secrecy”?
it doesn’t sound like these “experts” are officially connected to the investigation. It seems like they are just individuals that AP is getting opinions from.
I believe that the holders of the clearances are also required to report suspected breaches. Some of the emails are “obviously” secret or top secret. As the Sec of State, she was responsible. If she is lying about knowing, she is guilty. If she is not lying about knowing, she is incapable of holding that clearance.
You would have to show another option that does not lead to either of the above conclusions. If they stripped her of her ability to handle classified documents now, and she got elected to the presidency, what would be the implications?
DK
What 30 wrote!!
You don’t have to know that it is classified to be in violation. Also you are responsible to know the classification guide. Who ever removed the markings and sent it is in big, big trouble. But that does not get Hillary out of trouble. Especially since it was her personal staff under her direction. Just taking a laptop or classified document home to an unsecure location is a big time no-no. I am not sure, but I bet the 1 year or 3 year penalties are for each offense. That could really add up on Hillary.
Is the argument all boiling down to whether she did it willfully and unlawfully? In other words someone has to prove she had it in her mind to do this act? Have I got that right?
Patraeus’ calendar that ended his career wasn’t marked classified. For F’s sake, you would think the Secretary of State or SOMEONE in her staff would be competent enough to handle classified documentation, this is freakin pathetic.
Just imagine the international blackmail that’s going to occur from the foreign govts. who have been reading every single email that has passed thru her fingertips if she gets elected..........
I'm not a lawyer but I suspect that in this case if it's "willful" then it's unlawful.She "willfully" received,stored and destroyed communications in a manner that was specifically contrary to Federal law.
Have they tried Braille?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.