No no no no no... gross negligence is not a crime- what she did WAS ILLEGAL
Are they trying to downplay this? or am I misreading this?
Maybe exhibiting gross negligence with national security documents IS the crime? And they are signalling it.
In this context, gross negligence IS a crime.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
Indeed, gross neg. IS a crime in this regard. I believe those are the exact words in the statute. And that is a VERY VERY VERY GOOD thing, because INTENT is absolutely irrelevant. Proving gross neg. is a BILLION times easier than proving intent.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer— Shall be fined under this title or imprisoned not more than ten years, or both.
In the case of secret national security information, gross negligence is criminal.
In fact, there is no legal distinction between intentional espionage and gross negligence in the laws
Actually gross negligence can in fact, be criminally actionable. And the way the statutes concerning the handling of classified materials read, gross negligence in their handling, such as placing them on an unsecured server as HRC did, is in fact criminally actionable, no matter the 'intent' (to close off that particular loophole the MSM has been trying to float of late)...
the infowarrior