Because at the time she did this is was against State Department internal regulations, but not a criminal offense.
You only put people in jail for criminal offenses that have jail as punishment codified in the law, and even then jail is usually only one of many options available as punishment.
I've worked as a consultant on various projects for the US Government for about 15 years now. Clinton keeps on running out the red herring that her using a private email server was not illegal. That's 100% true. When I'm working on a government project I'm free to use an external email server to discuss any non-classified information. However, I am not allowed to send any classified material using that server without prior, explicit approval from the security officer for the project (which you're almost
No Intentionally Sending classified information without that approval is a crime. You Have to know it is wrong and do it anyway. They have to prove you knew, or should have known. Where is your Black and White there?
(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
tl;dr - she didn't have to know it was wrong, she simply had to be "extremely careless" (aka, "grossly negligent")
And despite the fact the FBI director used the phrase "extreme carelessness" wrt the handling of sensitive info, somehow the defenders of lawlessness still admit to the fact that she very clearly committed multiple crimes.
And did that "extreme carelessness" result in confidential information being destroyed or delivered to people in violation of trust? The internal regulations for handling documents are intended to minimize the chances that classified material might be stolen or sold to enemies. They're a benchmark for defining carelessness after the Secret Plans show up in the Chinese newspaper: if you did all the reasonable things, then it's just that their spies are better than you; if you didn't do the reasonable thing
I know you paid shills like to try to sway people to your side with a good bit of cherry picking, you really should pick your targets better.
And did that "extreme carelessness" result in confidential information being destroyed or delivered to people in violation of trust?
Interesting how you removed half a clause from your copy & paste from above, specifically:
through gross negligence permits the same to be removed from its proper place of custody
Was Clinton's email server a proper place of custody? If not, then she violated that statute through gross negligence at minimum.
One, we don't know what/if anything was stolen, we just know that there was at least one successful login to the server via Tor on a user account where the owner claimed no knowledge of the software: http://www.politico.com/story/... [politico.com]
Two, Clinton did not do the reasonable thing in the setting up of the server, nor recognizing classified information, nor allowing her aids to re-handle the information in rather careless ways, so by your very own logic, she should be held criminally responsible for her actions.
Clinton should be in jail!!! (Score:-1, Troll)
Why isn't she in jail???
Re: (Score:4, Informative)
Because at the time she did this is was against State Department internal regulations, but not a criminal offense.
You only put people in jail for criminal offenses that have jail as punishment codified in the law, and even then jail is usually only one of many options available as punishment.
It was unequivocally a criminal offense (Score:0)
I've worked as a consultant on various projects for the US Government for about 15 years now. Clinton keeps on running out the red herring that her using a private email server was not illegal. That's 100% true. When I'm working on a government project I'm free to use an external email server to discuss any non-classified information. However, I am not allowed to send any classified material using that server without prior, explicit approval from the security officer for the project (which you're almost
Re: (Score:0)
No Intentionally Sending classified information without that approval is a crime.
You Have to know it is wrong and do it anyway.
They have to prove you knew, or should have known.
Where is your Black and White there?
Re: (Score:5, Insightful)
Intent is not necessary to violate 18 U.S. Code 793
https://www.law.cornell.edu/us... [cornell.edu]
Re: (Score:2)
And despite the fact the FBI director used the phrase "extreme carelessness" wrt the handling of sensitive info, somehow the defenders of lawlessness still admit to the fact that she very clearly committed multiple crimes.
Re: (Score:0)
Re:It was unequivocally a criminal offense (Score:2)
I know you paid shills like to try to sway people to your side with a good bit of cherry picking, you really should pick your targets better.
Interesting how you removed half a clause from your copy & paste from above, specifically:
Was Clinton's email server a proper place of custody? If not, then she violated that statute through gross negligence at minimum.