Once again we see a Federal official rewriting law.
Just like Justice John Roberts essentially rewriting the ACA, making the mandate penalty a tax so as to conform with the Constitution we now have another Federal official rewriting law. In this case inserting “intent” where it was not required.
The FBI Director James Comey after a long investigation into Hillary Clintons use of a private email server gave a press conference (unusual when a case is not being recommended for prosecution) where he succinctly laid out the guilt of Clinton but then failed to recommend an indictment due to a “lack of intent”. The problem with this is the lack of intent is not required for an indictment and is not mentioned in the statute.
But the crime of “gross negligence” in the Espionage Act doesn’t appear to require proof of any intentional mishandling of documents, according to Stephen I. Vladeck, a national security scholar at the University of Texas.
Specifically, the law makes it a felony to permit classified information relating to national defense to be “removed from its proper place of custody” through gross negligence.
Comey in his press conference not only revealed the many lies that were told but characterized Clinton’s actions as “extremely careless”. He appeared to purposely avoid the term ‘gross negligence’ because using that term would have risen to the crime as outlined in the wording of the statute.
So how is ‘extremely careless’ not ‘gross negligence’?
Apparently the same way a penalty is a tax.
There is something very wrong in DC. James Comey is said to be an honorable man. I’ve heard from trusted sources time and time again how he is above politics and faithfully adheres to the law.
But not this time. Something is very wrong in DC. This administration and the Clintons seem to skate when they should be held accountable and it happens regardless of the facts.
What is even more disturbing is it doesn’t seem to bother their supporters.
So I ask how can any Hillary supporter reconcile this?
There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.