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originally posted by: Sillyolme
a reply to: Shamrock6
Commonly accepted accept by the law enforcement agencies who investigated her.
originally posted by: Sillyolme
a reply to: EvidenceNibbler
What incriminating evidence if you please?
originally posted by: proteus33
a reply to: introvert
mishandling of classified data by using a private no gov server is a felony whether done unknowingly or on purpose its still a crime no intent is required.
originally posted by: JBurns
Not sure how relevant these sources are:
www.newsweek.com...
nypost.com...
Unrelated to the above claim, but looks at the reason this issue needs a special prosecutor or at least a new investigation:
www.washingtonpost.com...
originally posted by: introvert
originally posted by: proteus33
a reply to: introvert
mishandling of classified data by using a private no gov server is a felony whether done unknowingly or on purpose its still a crime no intent is required.
Incorrect.
Can you find one case in which someone was charged without intent?
If you are going to take the gross negligence route, you're barking up the wrong tree.
Section 793(f) of the Espionage Act is unique in that it punishes the loss or removal of national defense information resulting from "gross negligence." This standard has been described in other contexts as "the failure to exercise even a slight degree of care." Prosecutions under the gross negligence provision of 18 U.S.C. Section 793(f) appear to be rare, but at least two service members were convicted under this provision, as applied through the UMCJ, for removing classified materials from a government workplace and failing to report or return the material upon discovering it had been removed.
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer— Shall be fined under this title or imprisoned not more than ten years, or both.
Incorrect. Gross negligence is absolutely a prosecutable offense. Whether it's been done once or 100 times is immaterial to that.
What usually happens when somebody is found to have been grossly negligent is that they lose their job and have their clearances revoked.