Shared this in another post...
The FBI doesn't launch investigations unless they have reasonable suspicion to believe the law has been broken. If Hillary was innocent, the investigation would have ended a long time ago. The fact that it continues and immunity was offered means that they have a bigger fish they want to catch.
She can claim she didn't intend to violate the law but the laws governing the protection of classified information do not require intent. The standard here is negligently, and no one can argue that by running a unsecured private server and sending information that she as the classification authority for the State Department should have known was born classified, especially the Special Access Program (SAP) materials; that she did not indeed act negligently.
Executive Order 13526 and 18 U.S.C Sec. 793(f) of the federal code make it unlawful to send or store classified information on personal email.
Sec. 5.5. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this order or its implementing directives has occurred, the Director shall make a report to the head of the agency or to the senior agency official so that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified under this order or predecessor orders;
(2) classify or continue the classification of information in violation of this order or any implementing directive;
(3) create or continue a special access program contrary to the requirements of this order; or
(4) contravene any other provision of this order or its implementing directives.
(c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when a violation or infraction under paragraph (b) of this section occurs; and
(2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2), or (3) of this section occurs.
18 U.S.C Sec. 793(f) states:
(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.
She's guilty and no amount of wishing or blaming a vast right wing conspiracy is gonna help her get out of it. A presidential pardon would, but would also would kill her electability.
I also think that the real crime here is the intentional concealment of responsive records by using a private server which was not indexed by the National Archives and Records Administration.
Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements states that:
Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency record keeping system.
I think the record will show this was exactly the purpose of the private server and not "convenience" as claimed by the woman who has claimed that she never lied to the American people...
Get that? Here is what she said in the video...
Senator CLINTON: (From home video) As much as I’ve been investigated and all of that, you know, why would I—I don’t even want—why would I ever want to do e-mail?
Using a private server to conceal official government records (emails are records) violates 18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
The penalty for which blocks her from ever again holding a public office under the United States.
www.bbc.com/news/world-us-canada-31819843
www.politico.com/story/2015/03/foia-hillary-clinton-email-daniel-metcalfe-116011
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