Posted on 08/25/2016 12:11:45 PM PDT by Kaslin
When FBI Director James Comey announced in July criminal charges would not be brought against former Secretary of State Hillary Clinton for storing and transmitting top secret, classified information on a number of different private servers, this is the argument he made regarding intent (bolding is mine):
Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.
Although we do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.
Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent.
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.
But according to former prosecutor and House Oversight Committee member Trey Gowdy, who has seen the notes taken during an interview conducted by the FBI with Clinton about her private email servers, agents didn't ask the former Secretary and current Democrat presidential nominee about intent at all.
"Remember James Comey said she was not indicted because he didn't have sufficient evidence on the issue of intent? I didn't see any questions on the issue of intent. There's no question she handled them [classified emails] negligently or extremely carelessly, he said he didn't go forward with charges specifically because he didn't have criminal intent. I didn't see any questions on that," Gowdy said on Fox News Thursday morning.
How can the FBI prove or disprove intent if they never asked about it?
Gowdy also argued the FBI interview notes should be released to the public. At this point the FBI is refusing to do so.
It should also be noted the mishandling of classified information doesn't require intent for prosecution.
This post has been updated with additional information.
So—She never intended to do it, or she never intended to be caught?
Either way, the FBI has become just another hack extension of the corrupt federal government.
Mwow!
Comey took a dive. It doesn't matter what his intent was, Comey should be tried, convicted, and sentenced along with Hillary for giving aid and comfort to the enemy.
“...agents didn’t ask the former Secretary and current Democrat presidential nominee about intent at all.”
Of course not. This was their cop-out. If they had asked her, she would have lied in spite of the fact that no one does something without intent. Unless there is something very wrong with your mind.
By default, then Comey is saying Hillary wrote and handled all the emails that she did, WITHOUT INTENDING TO DO SO.
How insane is this going to get ???
The FBI has shown itself to be utterly corrupt and unfit for purpose.
I think its so far gone it’s npot even a case of rooting out the bad seeds. It needs to utterly destroyed and rebuilt again.
How do you prove intent?
Hillary wasn’t indicted because no one in the District of Corruption has any balls.
They wanted to keep breathing.
Hillary’s hit team is very professional.
The fix was in.
Consider - Obama may have been guilty also. There is no way he did not send her emails and it’s pretty easy to notice a clinton.com address vs a .gov address.
Pretty clear that more people would have appeared guilty had the truth been released. All this so she could hide her bribery from the American public. Had nothing to do with her daughter’s wedding or her yoga classes. She clearly believes we are fools and so far it appears she is right (at least about the media and most Americans).
The stench is building. I don’t expect Gowdy to do anything the rest of the republicrats have not, but good on him for at least putting it back in the public eye.
If I get drunk and drive it isn’t my fault because I never intended to drive drunk but I was impaired in my thinking. And if I kill someone while driving drunk I guess I shouldn’t be charged because I never intended to kill anyone!
Democrat logic?
They don’t care about intent for the rest of us.
If one of us break the law, any law, they don’t consider for one second whether we intended to or not.
I did not intend to be speeding the last tme I got a ticket.
I got a ticket anyway.
So just when does our corrupt CONGRESS indict her?
Gowdy took a dive as well. He could go after the lying murderous witch, but he won’t. This is all Street Theater, and Mr. Gowdy is on stage, too.
I never intended to speed either, but still got a ticket. If memory serves me correct then the intent was not necessary for her to be prosecuted.
I intended to pay my federal income taxes but forgot.
You can;t. It means that everyone ever been charged and convicted, or done for speeding can say they did not mean to have intent and should get away with it.
Just said the same. The whole intent was a cop out to get her off. Yet again this government twists and parses words.
One law for us and no law for them, and elected officials are still not understanding how pissed off we are with this corruption.
To hell with nuking Tehran. It would be more effective to nuke DC.
It's a Stephen King "Stand" thing.
Comey is a total hack. Gowdy too.
She did not hire Paulino to set up the email server by accident.
She did not instruct aides to strip classified emails of their markings by accident.
How many criminals ever said “Oh, I intend to break 208 USC Section x,y,z?
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