Posted on 07/05/2016 9:12:52 AM PDT by Cubs Fan
18 USC 793...specifically makes it a crime for anyone “entrusted with … any document … or information relating to the national defense … through gross negligence (to permit) the same to be removed from its proper place of custody.”
So even if Hillary Clinton never “intended” for sensitive information to be exposed, keeping it outside of the normal storage and safeguards of the government is more than sufficient for a case to be prosecuted. But the fundamental premise of saying there was no malicious intent is still dishonest in and of itself. Whether she cared for it or not, Secretary Clinton was aware that there was a State Department email system in place and available for her use. When your employer provides such a communication system for the employees it requires an active decision on the part of the employee to go out and hire people to set up a completely independent server in their home and keep it’s contents away from the prying eyes of the public. If she had restricted her use of that server to nothing but personal correspondence with friends and family it would still have raised some eyebrows but I believe she’d get a pass on the entire malicious intent question, but that’s not even remotely what happened. She was intentionally doing public business on her private server and it doesn’t require a psychic to figure out why. She didn’t want the public or the press to know about it or have any traceable records.
... Prosecution under 18 USC 793 only requires that the information wind up being outside of its proper place of custody. You can argue the intent angle all the live long day but it doesn’t change the fact that the law clearly appears to have been broken...
(Excerpt) Read more at hotair.com ...
Forget all this quoting of rules chapter and verse. It was more than driven home today that rules do not apply to elite Democrats in power.
Trump needs to start talking about how he is going to Cleanup the FBI.
how does the guy taking a selfie aboard a sub to send to his girlfriend with radar in background get 1 year and hillary get nothing? i’m sure he didn’t willfully violate any laws.
There is yet another statute that prohibits knowing removal of classified information from a secure storage. Comey mentioned the statute but did not address its application to the facts.
Now it is clear. There is no way in hell, and I do mean hell, that this administration (Obama, Clintons, Lynch, Johnsons, et. al.), will ever willingly give up the tremendous power they now yield. Their aim is to take it all apart and massive voter fraud in the upcoming election will be wielded to ensure that the Democrats/Marxist/Socialist/Communist agenda will stay in power. Is marshall law really such an unthinkable reality anymore?
i agree.
Exactly
Yes. That would apply if this was a nation of laws. It no longer is. The world now will align against the US. They have too. This is a rogue nation operating above all law. DC must be destroyed for the sake of the planet and the rule of law.
No rule of law is coming back to bite them in the rear end.
Intent? What was Hillary Clinton’s intent when she hired Paulino to set up her email Server?
The act of hiring Paulino to set up the email server shows all the intent needed.
I would bet there are a lot of NY crime family members who have been prosecuted for intent and are sitting in prison.
What he says and the standard used are two different things. In this instance the standard is ‘no sanction for lawbreaking.’ QED. The rest is noise.
He’s no only adopted Obama’s agenda but he’s adopted his hackneyed phraseology.
And what happened to the media meme of ‘the FBI only investigates and passes on its findings...the prosecutors decide whether or not to charge?’
So, what information did Bill give to Loretta on that airplane which caused Comey to cave in and not recommend indictment?? Hmmmm..
Bump.
The bigger problem is with the Foundation. That too me is ten fold worse.
Has anybody heard anything from Congress’s direction other than crickets concerning the FBI’s politically correct decision about Hillary?
Remember in November !
Folsom Naval Reservist is Sentenced After Pleading Guilty to Unauthorized (trunc) (2015)
FBI ^ | 7-29-15 | FBI
Posted on 7/5/2016, 10:12:45 AM by dynachrome
SACRAMENTO, CA—Bryan H. Nishimura, 50, of Folsom, pleaded guilty today to unauthorized removal and retention of classified materials,
U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.
Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers.
Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system.
Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, , he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.
This case was the product of an investigation by the Naval Criminal Investigative Service (NCIS) and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case.
http://www.freerepublic.com/focus/f-news/3446483/posts
...and Blumenthals presence, and the systematic stripping of the classification markers off documents?
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