1) what did the person do?
2) did they know what they were doing was unlawful? mens rea
Have to prove they knew they were doing something they shouldn’t do
1917 statute specifying “gross negligence”
DOJ has only used it once in 99 yrs
DOJ has concerns about whether it is appropriate to ..... no reasonable prosecutor would bring the 2nd case in 100 yrs based on “gross negligence”
evidence of “great carelessness” but not mens rea
A Yale-educated lawyer knows exactly what she was doing.
You want the American voters to suspend disbelief long enough to believe a Yale-educated lawyer did not know the laws regarding her actions?
Seriously?