As soon as Hillary set up her own server, she demonstrated criminal intent.
All well said by all of you, but if I was trying to prosecute her for violation of Federal Statutes regarding the “exposure” of classified information, I would probably not bring any charge involving “intent.”
Here’s why. If I try to prove intent, I have to get into her state of mind, her purpose, and many things that can explained by defense counsel as having other purposes, etc.
We know those other explanations would be BS.... but remember The People v. O.J. Simpson.....
In addition, I would get very little extra from proving intent than I would get for proving a “failing to secure” charge.
In addition, if I “assume the burden” of proving intent, then if I can only convince, let’s say 6 members of the jury that she released the classified information with intent to damage the US, but all 12 agree on a failure to secure charge, I always run the risk of having the jury throw out the entire set of charges because I didn’t prove the most serious.
While I’m trying to tell the jury about my lesser charges (the ones without the need to prove intent) the defense is telling them I can’t prove my most serious... so the rest must go to. I know it’s BS, but it often works.
Now, on the issue of using INTENT in other ways, I’m going to be screaming all day long that she erased her hard drives, after she had been caught, with the firm, sole and purposeful INTENT to get away with her crime, because as I ask the jury “When you saw Mrs. Clinton make that “do you mean wipe the computer with Pledge wax” comment, (as I’m waving my hand just like she did) do you think for one moment she didn’t have a firm intent to cover up her actions, to tell any lie, to try any distraction so she could try to weasel her way out of being called to justice before you men and women of the jury. This was no accident. Do you now agree that was her intent that day.... and that was her intent every day”
I’ve got 12 heads nodding YES!
But regarding the CHARGE of failing to preserve with INTENT do damage the US, the bottom line is, why give myself a much harder job, that has very little added benefit to me if I could prove it, at the risk of losing it all?
Bottom bottom line, Lay up and take the chip shot.