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originally posted by: Xcathdra
a reply to: introvert
Not this crap again.. The information in the public realm is enough to indict, try and convict her. She violated the espionage act.
See my signature line for all the laws she has violated. She is a disgrace and should be charged. Democrats who support her to the extent of trying to absolve her of her crimes are indicative of whats wrong with politics today.
University of Michigan Professor of Law and Sociology and former Department of Homeland Security classification expert Richard Lempert debunked common right-wing talking points about the FBI investigation into former Secretary of State Hillary Clinton's use of a personal server for government emails to explain why Clinton "won't be indicted and shouldn't be."
What constitutes criminal conduct with respect to the disclosure of classified information? Relevant law is found in several statutes. To begin with, 18 USC, Section 798 provides in salient part: "Whoever knowingly and willfully ... [discloses] or uses in any manner prejudicial to the safety and interest of the United States [certain categories of classified information] ... shall be fined ... or imprisoned." The most important words in this statute are the ones I have italicized. To violate this statute, Secretary Clinton would have had to know that she was dealing with classified information, and either that she was disclosing it to people who could not be trusted to protect the interests of the United States or that she was handling it in a way (e.g. by not keeping it adequately secure) that was at least arguably prejudicial to the safety or interest of the United States. [...] Heads of agencies have considerable authority with respect to classified information, including authority to approve some exceptions to rules regarding how classified information should be handled and authority to declassify material their agency has classified.
mediamatters.org...
Statute [18 USC, Section 798] also provides a definition of what constitutes classified information within the meaning of the subsection described above: "[C]lassified information, means information which, at the time of a violation of this section, is specifically designated by a United States Government Agency for ... restricted dissemination." Again, the most important words are the ones I have italicized. First, they indicate that the material must have been classified at the time of disclosure. Post hoc classification, which seems to characterize most of the classified material found on Clinton's server, cannot support an indictment under this section. Second, information no matter how obviously sensitive does not classify itself; it must be officially and specifically designated as such. [...] No matter how sensitive the information, if no one has taken steps to classify it, the rules for safeguarding classified information cannot be violated despite the harm that might be caused by disclosure. When documents are unmarked, it is difficult to prove that a person knew or should have known that what they were reading was classified.
originally posted by: Xcathdra
a reply to: introvert
I think it would be appropriate for you to disclose in these types of threads that you once worked for her campaign.. In Iowa if I remember your comment correctly.
originally posted by: jadedANDcynical
a reply to: Bedlam
Come on man, you know she forgot all about signing that SF 312 and the briefing that came along with it. And since she forgot signing it, she is not liable to it's terms don'tcha know?
originally posted by: Xcathdra
a reply to: Mirthful Me
Which would be recusing herself. She is no longer the determining factor in sending this to a grand jury.
From your own linked definition..
"Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
originally posted by: Sillyolme
a reply to: Xcathdra
Recusing is a particular legal procedures. Saying she's backing away to let other council review the case is not recusing herself.