The principal [[felony]] offense in Clinton’s case is the willful retention or transmission of classified information — subsections (d) and (e) of the Espionage Act (section 793 of the federal penal code). To prove this offense, the prosecutor must prove that the official 1) had possession of the information, 2) had “reason to believe [it] could be used to the injury of the United States or to the advantage of any foreign nation,” 3) transmitted it to an authorized person or place, or failed to deliver it on demand to an authorized government agency, and 4) acted willfully, which means acting intentionally and with an understanding that one’s actions are wrongful. This is a straightforward case of [[criminal]] intent. | The principal [[felony]] offense in Clinton’s case is the willful retention or transmission of classified information — subsections (d) and (e) of the Espionage Act (section 793 of the federal penal code). To prove this offense, the prosecutor must prove that the official 1) had possession of the information, 2) had “reason to believe [it] could be used to the injury of the United States or to the advantage of any foreign nation,” 3) transmitted it to an authorized person or place, or failed to deliver it on demand to an authorized government agency, and 4) acted willfully, which means acting intentionally and with an understanding that one’s actions are wrongful. This is a straightforward case of [[criminal]] intent. |