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Hillary Clinton email scandal (view source)
Revision as of 00:14, June 15, 2018
, 00:14, June 15, 2018→'Intent' not an issue
The FBI admitted it recovered thousands of State Dept. emails that originated or passed through Clinton’s private server — some which had been deleted — that were never turned over to the State Department as required. Comey told Sen. Grassley that the FBI did investigate whether violations of Federal Records Act occurred.
The FBI admitted it recovered thousands of State Dept. emails that originated or passed through Clinton’s private server — some which had been deleted — that were never turned over to the State Department as required. Comey told Sen. Grassley that the FBI did investigate whether violations of Federal Records Act occurred.
==='Intent' not an issue===
===='Intent' not an issue====
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.