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are you actually proposing NO ONE has been prosecuted for mishandling classified information? really?
There is a link to the law, no where does it say that intent has to be proved. That was Comey's own interpretation. That said, ignorance usually does not protect people from breaking the law. If you have security clearance, you are briefed on how to deal with said information, so I don't see how you could even claim ignorance.
I'm not going to include all the excerpts of communication between Colin Powell explaining to HRC on why and how to use private email to circumvent communication being recorded on state servers out of interest of the thread, but you are welcome to read those.
You can read the law, which has no language of intent, but should you decide to inject intent in there as Comey has, it is clear government actors are aware of what they're doing to get around it. Either way the precedence is set, so we can pretty much give up on trying to go after any government official for transparency.
originally posted by: introvert
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
a reply to: introvert
Having the server is not against the law. Using it in the way she did is.
That's what I said, though she violated policy.
She did not do enough to establish that she broke the law, which required intent.
Intent is not required. It was a made up standard for her that is not used in other cases because intent does not factor into whether you broke the law.
Ok. Give me one example of someone being prosecuted for doing something similar, without intent.
Tip: There isn't any such case.
originally posted by: introvert
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
a reply to: introvert
Having the server is not against the law. Using it in the way she did is.
That's what I said, though she violated policy.
She did not do enough to establish that she broke the law, which required intent.
Intent is not required. It was a made up standard for her that is not used in other cases because intent does not factor into whether you broke the law.
Ok. Give me one example of someone being prosecuted for doing something similar, without intent.
Tip: There isn't any such case.
US Navy sailor jailed for taking photos of classified areas of nuclear submarine
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
a reply to: introvert
Having the server is not against the law. Using it in the way she did is.
That's what I said, though she violated policy.
She did not do enough to establish that she broke the law, which required intent.
Intent is not required. It was a made up standard for her that is not used in other cases because intent does not factor into whether you broke the law.
Ok. Give me one example of someone being prosecuted for doing something similar, without intent.
Tip: There isn't any such case.
US Navy sailor jailed for taking photos of classified areas of nuclear submarine
www.theguardian.com...
Now show me the actual law and where the word intent is in it.
Saucier admitted to taking six photos of classified areas inside the USS Alexandria in 2009 when it was in Groton and he was a 22-year-old machinist mate on the submarine. The photos showed the nuclear reactor compartment, the auxiliary steam propulsion panel and the maneuvering compartment, prosecutors said.
Saucier took the photos knowing they were classified, but did so only to be able to show his family and future children what he did while he was in the Navy, his lawyers said. He denied sharing the photos with any unauthorized recipient.
Ok. Give me one example of someone being prosecuted for doing something similar, without intent.
Source
Since Barack Obama entered the White House in 2009, his government has waged a war against whistleblowers and official leakers. On his watch, there have been eight prosecutions under the 1917 Espionage Act – more than double those under all previous presidents combined.
originally posted by: CriticalStinker
a reply to: introvert
Policies, not laws.
I showed you the law regarding the handling of classified information. Yes there is policy as well, but that does not me you are under the umbrella of one or the other, but rather both.
originally posted by: introvert
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
originally posted by: introvert
originally posted by: OccamsRazor04
a reply to: introvert
Having the server is not against the law. Using it in the way she did is.
That's what I said, though she violated policy.
She did not do enough to establish that she broke the law, which required intent.
Intent is not required. It was a made up standard for her that is not used in other cases because intent does not factor into whether you broke the law.
Ok. Give me one example of someone being prosecuted for doing something similar, without intent.
Tip: There isn't any such case.
US Navy sailor jailed for taking photos of classified areas of nuclear submarine
www.theguardian.com...
Now show me the actual law and where the word intent is in it.
He took pictures inside a nuclear sub and plead guilty.
Again, can you find an example of a similar case in which intent was not established.
The case of the sailor is a huge false equivalence.
Edit: From your source:
Saucier admitted to taking six photos of classified areas inside the USS Alexandria in 2009 when it was in Groton and he was a 22-year-old machinist mate on the submarine. The photos showed the nuclear reactor compartment, the auxiliary steam propulsion panel and the maneuvering compartment, prosecutors said.
Saucier took the photos knowing they were classified, but did so only to be able to show his family and future children what he did while he was in the Navy, his lawyers said. He denied sharing the photos with any unauthorized recipient.
originally posted by: introvert
a reply to: CriticalStinker
So no applicable example?
Like I said, there are no similar cases that have been tried under similar circumstances.
Unless there is clear intent or actions that prove intent, the issue is handled internally.
originally posted by: introvert
originally posted by: CriticalStinker
a reply to: introvert
Policies, not laws.
I showed you the law regarding the handling of classified information. Yes there is policy as well, but that does not me you are under the umbrella of one or the other, but rather both.
I made no such claim.
What you have not shown is a similar case that was tried without intent.
originally posted by: introvert
a reply to: shooterbrody
are you actually proposing NO ONE has been prosecuted for mishandling classified information? really?
No. I said no such thing.
Read again.
Yet we know, her IT guy combetta was on reddit the night before he deleted the emails asking people how to remove names from emails chain metadaata because he needed to remove the name of a "very VIP" (hillary).
Now why would this tech guy need to change metadat on a bunch of emails he was going to delete the next day anyways?
This proves that there was intent to hide these emails from investigators and the public.
I have, I proved that whistleblowers have gone to prison without having criminal intent for leaking information for public benefit.
You're saying that they have to prove criminal intent, whistleblowing is literally the opposite of that, they're exposing criminal activity.
I understand you have a political lean in this matter, and that's fine. See things through your lens, that's your freedom.
I'll continue to say what she did is BS, and I'll go even further and say it's not just because it's HRC, but because many politicians do it. What she did was not isolated, and she shouldn't be the only one they go after.
But don't sit here and act like They all don't know what they're doing. And this is not partisan, as proven by Powell helping HRC out on that. Both sides of the isle are complicit, and truth be told neither want anyone to be prosecuted for it because it would end their gravy train of no accountability..
originally posted by: CriticalStinker
a reply to: introvert
Are you OK with those in Trump's admins using private emails if they have a security clearance? I'm not.
BTW, they do. So should we sit on our hands and say "no one has been charged before, why start now"?