Newly released FBI documents shows Petraeus disclosures less damaging than Clinton emails

[Gothmog]

97. The Espionage Act is not a strict liability law and so no indictment will be forthcoming

I am trying to juggle work and getting ready for the Texas state Democratic Party Convention next week but I did find the OP to be really funny.

There is no evidence of the required specific intent and so there will be no indictment. The FBI spent time and significant resources documenting specific intent on the part of Petraeus and his mistress to violate the law including the use of burner cell phones and yet with all of that evidence there were no charges against the mistress and a slap on the wrist on Petraeus.

I have been following this issue for a long time including reading the charging document for Petraeus. Petraeus signed a dozen or so NDA and so if no intent was needed, then the FBI wasted a ton of time in this case. This is from the document issued connection with his plea deal https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/03/petraeus-factual-basis.pdf

Between in or about August 2011, and on or about April 5, 2013, defendant DAVID HOWELL PETRAEUS, being an employee of the United States, and by virtue of his employment, became possessed of documents and materials containing classified information of the United States, and did unlawfully and knowingly remove such documents and materials without authority and thereafter intentionally retained such documents and materials at the DC Private Residence and the PETRAEUS Residence, aware that these locations were unauthorized for the storage and retention of such classified documents and materials. ....

Between in or about August 2011 and on or about April 5, 2013, defendant DAVID HOWELL PETRAEUS, being an employee of the United States, and by virtue of his employment, became possessed of documents and materials containing classified information of the United States, and did unlawfully and knowingly remove such documents and materials without authority and with the intent to retain such documents and materials at unauthorized locations, aware that these locations were unauthorized for the storage and retention of such classified documents and materials;

All in violation of Title 18, United States Code, Section 1924

This document is interesting reading and turns in large part on Petraeus' knowledge and intent issue despite the fact that he signed multiple NDAs. There are no strict liability laws where one can commit a crime without mens rea or culpable mental intent. In this case, the general had that intent and still only got a probated sentence. The e-mails in question were not marked as top secret and under the law, the government will have an impossible burden of showing that Sec. Clinton knew that the material was top secret.

Here is a good explanation of the law that is written for laypersons by the Congressional Research Service https://www.fas.org/sgp/crs/secrecy/R41404.pdf

18 U.S.C. Section 1924 prohibits the unauthorized removal of classified material by government employees, contractors, and consultants who come into possession of the material by virtue of their employment by the government. The provision imposes a fine of up to $1,000 and a prison term up to one year for offenders who knowingly remove material classified pursuant to government regulations concerning the national defense or foreign relations of the United States, with the intent of retaining the materials at an unauthorized location....

In light of the foregoing, it seems that there is ample statutory authority for prosecuting individuals who elicit or disseminate many of the documents at issue, as long as the intent element can be satisfied and potential damage to national security can be demonstrated.

The execution of a NDA does not relieve the government of the burden of proving intent.