It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
originally posted by: Gryphon66
originally posted by: Muninn
originally posted by: Gryphon66
a reply to: Muninn
A lot of posters comment without citation.
Cool, I'm pretty sure silly knows how to answer for herself.
I bet.
Isn't it irritating when someone chimes in?
I asked her numerous times in a thread she created that had in the title "former Trump lawyer" but she kept insisting that he was still his lawyer ,how she squared that circle . crickets ... She also claimed in that thread that she had never been debunked . I can now see how that is possible in her own mind . want proof ?
Maybe send them a PM then? Because their question is a good one.
originally posted by: the2ofusr1
a reply to: Gryphon66
I asked her numerous times in a thread she created that had in the title "former Trump lawyer" but she kept insisting that he was still his lawyer ,how she squared that circle . crickets ... She also claimed in that thread that she had never been debunked . I can now see how that is possible in her own mind . want proof ?
Maybe send them a PM then? Because their question is a good one.
originally posted by: Muninn
originally posted by: Gryphon66
originally posted by: Muninn
a reply to: Gryphon66
Thanks for the tip but I'll do me and you do you.
Yeah, whatever.
So, do YOU have any of that proof you're asking another member for?
That made 0 sense.
But if you start a thread and make statements like you have never been debunked and then avoid answering questions in the open then what good is PM's ?
I'm not sure it's kosher to discuss another member in the open forums; that's why I suggested private messages.
The terminology of "gross negligence" was changed because the prosecutors AGREED they couldn't prove it.
originally posted by: Gryphon66
a reply to: rickymouse
I'm not even sure what we are saying to each other.
Let me try to make it simple: laws against mishandling classified materials have been around for over a 100 years.
It didn't start with email or servers.
Those who have mishandled classified info should be punished, right?
That list starts with GW Bush, Cheney and continues through Alberto Gonzales, as the IG listed in their report.
Now, what I was wondering about, in all the certainty about law and order etc. here is why we aren't upset about anyone other than Clinton not being punished.
originally posted by: Sillyolme
a reply to: rickymouse
He was being sarcastic. He gave the dates for those laws. I think the point you're not getting is... Is this something new? And as was pointed out... Were people prosecuted for it?
And what is the answer to that? Very few...
originally posted by: RadioRobert
The terminology of "gross negligence" was changed because the prosecutors AGREED they couldn't prove it.
It was changed by Strzok. It was never presented to Justice. It is Justice's job to decide to prosecute or not. The Bureau only investigates and refers. It is not the job of the Bureau to decide who gets charged. Comey declined to refer even as he admits in the initial document, the circumstances necessary existed for a referral. That let Lynch off the hook at Justice for having to make a decision in this "matter".
Page vi
We found that the prosecutors considered five federal statutes:
• 18 U.S.C. §§ 793(d) and (e) (willful mishandling of documents or information relating to the national defense);
• 18 U.S.C. § 793(f) (removal, loss, theft, abstraction, or destruction of documents or information relating to the national defense through gross negligence , or failure to report such removal, loss, theft, abstraction, or destruction);
• 18 U.S.C. § 1924 (unauthorized removal and retention of classified documents or material by government employees); and
• 18 U.S.C. § 2071 (concealment, removal, or mutilation of government records).
Ibid
We further found that the statute that required the most complex analysis by the prosecutors was Section 793(f)(1), the “gross negligence” provision that has been the focus of much of the criticism of the declination decision. As we describe in Chapters Two and Seven of our report, the prosecutors analyzed the legislative history of Section 793(f)(1)[, relevant case law, and the Department’s prior interpretation of the statute. They concluded that Section 793(f)(1) likely required a state of mind that was “so gross as to almost suggest deliberate intention,” criminally reckless, or “something that falls just short of being willful,” as well as evidence that the individuals who sent emails containing classified information “knowingly” included or transferred such information onto unclassified systems.
Page 29
Below we discuss the statutory requirements under Section 793(f), the Midyear prosecutors’ interpretation of Section 793(f)(1), and previous cases in which prosecution was declined under the gross negligence provision.
Page 30
Section 793(f)(1) does not define what constitutes “gross negligence,” nor have any federal court decisions interpreted this specific provision of the statute. However, the prosecutors analyzed the legislative history of Section 793(f)(1) and identified statements made during the 1917 congressional debate indicating that the state of mind required for a violation of Section 793(f)(1) is “so gross as to almost suggest deliberate intention,” criminally reckless, or “something that falls just a little short of being willful.” The prosecutors cited a statement by Congressman Andrew Volstead during the 1917 debate about the predecessor to Section 793(f)(1):