FBI Director James Comey laid out a case that is nearly an airtight proof that Clinton committed a felony...
FBI Director James Comey laid out a case that is nearly an airtight proof that Clinton committed a felony.
I don't see how he can conclude there's no case against Clinton. He said, "our investigation looked at whether there is evidence that classified information was improperly stored or transmitted on [Clinton's] personal system in violation of a federal statute that makes 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."
Comey concluded:
* information classified at the time (including "top secret" information) was improperly transmitted on Clinton's personal systems
* information classified at the time was improperly stored on Clinton's personal systems
* Clinton did mishandle classified information
* No clear evidence that Clinton "intended" to mishandle the information, but there is evidence Clinton was "extremely careless", including that the subject matter of e-mails she sent was clearly classified
* either "extremely careless" does not amount to "grossly negligent", or we don't care that it does (he never explains this at all, and therefore never makes the case that charges shouldn't be brought)
Comey said that past cases like this involved intent. But even if that is true, so what? The statute draws no distinction between intent and gross negligence.
The DOJ should ignore the FBI's recommendation to not prosecute, and should prosecute based on the clear evidence of gross negligence.
I don't see how he can conclude there's no case against Clinton. He said, "our investigation looked at whether there is evidence that classified information was improperly stored or transmitted on [Clinton's] personal system in violation of a federal statute that makes 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."
Comey concluded:
* information classified at the time (including "top secret" information) was improperly transmitted on Clinton's personal systems
* information classified at the time was improperly stored on Clinton's personal systems
* Clinton did mishandle classified information
* No clear evidence that Clinton "intended" to mishandle the information, but there is evidence Clinton was "extremely careless", including that the subject matter of e-mails she sent was clearly classified
* either "extremely careless" does not amount to "grossly negligent", or we don't care that it does (he never explains this at all, and therefore never makes the case that charges shouldn't be brought)
Comey said that past cases like this involved intent. But even if that is true, so what? The statute draws no distinction between intent and gross negligence.
The DOJ should ignore the FBI's recommendation to not prosecute, and should prosecute based on the clear evidence of gross negligence.
"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."
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