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General Discussion

In reply to the discussion: Post removed [View all]

yallerdawg

(16,104 posts)
12. Here's just two things.
Wed Jul 6, 2016, 02:53 PM
Jul 2016

"Potential" evidence, resulting in FBI recommendation of no charges.

Secretary of State. She had authority. And a job to do!

Prosecutors would also encounter stumbling blocks if they charged Clinton under this law. First, it is unclear whether classified information conveyed in an email message would be considered a document or materials subject to removal. Moreover, with respect to information in messages sent to Clinton, it would be hard to see her as having “knowingly” removed anything, and the same is arguably true of information in messages that she originated. If, however, she were sent attachments that were classified and kept them on her server, this law might apply.

But even if this section did apply, a prosecutor would face difficulties. 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. It would also be hard to show that Clinton intended to retain any information sent to her if her usual response was to forward the information to another, and if she then deleted the material from her inbox, whether or not it was deleted from her computer.

Why Hillary Won't Be Indicted and Shouldn't Be: An Objective Legal Analysis

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Post removed [View all] Post removed Jul 2016 OP
Good luck getting a substantive response. Lizzie Poppet Jul 2016 #1
Good luck supporting boomer's right-wing family members. emulatorloo Jul 2016 #6
There are lots of substantive responses below. peabody Jul 2016 #19
The article left out that Nishimura also dumped his storage devices into a lake. pnwmom Jul 2016 #27
b/c downloading the info and taking it home tk2kewl Jul 2016 #2
A home computer can also be an unencrypted server on the internet. nt Dr Hobbitstein Jul 2016 #5
If you can't see the difference, then I can't help you. Dr Hobbitstein Jul 2016 #3
I agree with your analysis Gothmog Jul 2016 #25
Sure will. One word "malice". tonyt53 Jul 2016 #4
Everyone needs to go back and listen to Comer lapfog_1 Jul 2016 #7
Because it is completely different scscholar Jul 2016 #8
Ahhh virginia mountainman Jul 2016 #13
Not found innocent of what? JTFrog Jul 2016 #17
It doesn't matter what. Act_of_Reparation Jul 2016 #21
They are presumed innocent until proven guilty. n/t JTFrog Jul 2016 #22
The operative word being "presumed" Act_of_Reparation Jul 2016 #24
Yes, but I was replying to someone who said "she was not found innocent". JTFrog Jul 2016 #26
under the american system one is presumed innocent if not charged, a minor quibble to be sure nt msongs Jul 2016 #20
Sigh. First, the laws governing military and civilians are quite different Maeve Jul 2016 #9
Why is Karl "turd blossom" Rove not in jail for outing Lint Head Jul 2016 #10
Sure, I'll try Proud Public Servant Jul 2016 #11
perfect thanks! boomer55 Jul 2016 #16
Here's just two things. yallerdawg Jul 2016 #12
UCMJ. Clinton never fell under it. N/T actslikeacarrot Jul 2016 #14
He downloaded reams of classified info, illegally copied it and tried to cover up his crimes. hack89 Jul 2016 #15
It's always disappointing when partisan laymen manage to find an irrelevant statute lapucelle Jul 2016 #18
You got to be kidding Gothmog Jul 2016 #23
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