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Mens rea is not a condition of the fucking statute dipshit, Gowdy debunked that line of Comeys bullshit months ago.
Hey dipshit, Comey repeated it again today in the hearing. So since when does Gowdy know the laws better than the head of the FBI?
Since forever faggot he is a former prosecutor, mens rea is not a serious defense, if it were killing someone while drinking and driving would not be a prosecutable offense you fucking moron.
You are totally clueless. You are equating a drinking and driving offense to something that has to do with the handling of classified materials.
No I am making the point that mens rea is almost always impossible to prove, I'll just let Trey Gowdy take you to task like he did to Comey like he was a first year law student:
"You say she was “extremely careless,” but not intentionally so. Now, you and I both know intent is really difficult to prove. Very rarely do defendants announce, “On this day, I intend to break this criminal code section. Just to put everyone on notice, I am going to break the law on this day.” It never happens that way. You have to do it with circumstantial evidence — or, if you’re Congress, and you realize how difficult it is to prove specific intent, you will formulate a statute that allows for “gross negligence.”
Comey literally had to use the synonymys of "extreme carelessness," in place of "gross negligence," when making his excuse not to press charges.
Hey fuck stick, do you understand that different laws hold different standards for prosecution? If you are texting and driving and run over someone and kill them, are you going to be charged with the same count as if you break into someone's house and blow their brains out? The end result of killing someone is the same... but are you going to be charged the same? No.
Comey is the fucking Director of the FBI. He knows the laws regarding mishandling of classified information much better than Gowdy. Gowdy was a federal prosecutor for short period of time in South Carolina. Please show me how many times he prosecuted someone for mishandling classified material... now how many times do you think Comey deals with the same issue?
I'm sorry to tell you this, but most laws do require two factors in order to prosecute, and that is mens rea (guilty mind, intent) and actus reus (criminal act).
I included this, you can't claim they didn't knowingly transmit classified information over unsecured lines.Here is the law as written today-
18 U.S. Code § 798 - Disclosure of classified information
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
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(a)Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1)
concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2)
concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3)
concerning the communication intelligence activities of the United States or any foreign government; or
(4)
obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
(b)
As used in subsection (a) of this section—
The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;
The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;
The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;
The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.
(c)
Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.
(d)
(1)Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
(A)
any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(B)
any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
Intent is nowhere to be found.
.Comey already said today they did an investigation and they decided not to press charges because they couldn't prove mens rea.
Mens rea is not a condition of the fucking statute dipshit, Gowdy debunked that line of Comeys bullshit months ago.
Hey dipshit, Comey repeated it again today in the hearing. So since when does Gowdy know the laws better than the head of the FBI?
It's written in the very first line... "Knowing and willfully" describes intent.
I included this, you can't claim they didn't knowingly transmit classified information over unsecured lines.Here is the law as written today-
18 U.S. Code § 798 - Disclosure of classified information
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
prev | next
(a)Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1)
concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2)
concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3)
concerning the communication intelligence activities of the United States or any foreign government; or
(4)
obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
(b)
As used in subsection (a) of this section—
The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;
The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;
The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;
The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.
(c)
Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.
(d)
(1)Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
(A)
any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(B)
any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
Intent is nowhere to be found.
.Mens rea is not a condition of the fucking statute dipshit, Gowdy debunked that line of Comeys bullshit months ago.
Hey dipshit, Comey repeated it again today in the hearing. So since when does Gowdy know the laws better than the head of the FBI?
It's written in the very first line... "Knowing and willfully" describes intent.
"I" don't have to. The guy that matters, Comey, said there isn't enough evidence to prove they did in order to convict them.
DIdnt mean to kill someone doesnt get you off....... didnt mean to swindle you doesnt get you off......perhaps you have some real examplesdoesnt change fact a crime was committed and prosecuted....you never hear a defendant claim innocent due to lack of intentNo, that's not intent. That's whether you knew you did it or not.
I can knowingly and willfully do something and it not be the intent that you think it is.
Yes, "willfully and knowingly" does describe intent.
"intent
n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime."
Legal Dictionary - Law.com
Uh... as I said it depends on the law, and yes many times you hear defendants claim innocence due to a lack of intent...
I already gave examples. There are different counts and levels or counts and standards for them. If you didn't mean to kill someone you aren't going to be charged with First Degree murder. You'll probably be charged with involuntary manslaughter.
Can you please give me an example of how someone doesn't mean to swindle someone?
He said trying to prove intent was difficult, particularly when the ag had stated she would keep the investigation from getting very far, in an email he got access to.Comey already said today they did an investigation and they decided not to press charges because they couldn't prove mens rea.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(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.
And this......
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material
(a)
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
Both things you just quoted says, "Knowingly" and "with the intent."
He said trying to prove intent was difficult, particularly when the ag had stated she would keep the investigation from getting very far, in an email he got access to.Comey already said today they did an investigation and they decided not to press charges because they couldn't prove mens rea.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(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.
And this......
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material
(a)
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
Both things you just quoted says, "Knowingly" and "with the intent."
Dipshit...there is no intent clause to that act........he made that up...
(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,
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
How did he protect her by sending the letter to Congress before the election that he admitted he knew could and did affect the election?
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
How did he protect her by sending the letter to Congress before the election that he admitted he knew could and did affect the election?
He said she didn't do anything and cleared her, eating up the week before the election and at the end saying she was again, not committing a crime, asswipe, when she clearly had........
And the fact that she isn't in jail right now shows he is protecting her....anyone else would be sitting in a federal prison.....
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
So yes, he has held a much higher position than a state judge.
I included this, you can't claim they didn't knowingly transmit classified information over unsecured lines.Here is the law as written today-
18 U.S. Code § 798 - Disclosure of classified information
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
prev | next
(a)Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1)
concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2)
concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3)
concerning the communication intelligence activities of the United States or any foreign government; or
(4)
obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
(b)
As used in subsection (a) of this section—
The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;
The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;
The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;
The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.
(c)
Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.
(d)
(1)Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
(A)
any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(B)
any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
Intent is nowhere to be found.
.Mens rea is not a condition of the fucking statute dipshit, Gowdy debunked that line of Comeys bullshit months ago.
Hey dipshit, Comey repeated it again today in the hearing. So since when does Gowdy know the laws better than the head of the FBI?
It's written in the very first line... "Knowing and willfully" describes intent.
"I" don't have to. The guy that matters, Comey, said there isn't enough evidence to prove they did in order to convict them.
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
How did he protect her by sending the letter to Congress before the election that he admitted he knew could and did affect the election?
Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
How did he protect her by sending the letter to Congress before the election that he admitted he knew could and did affect the election?
Shitting himself when it became apparent she was going to lose, and hoping to cover his own ass, and is obviously going to fail at that as well as his job. He can't save himself except by perjury at this point, so he's going to clam up now.
So he STILL had no facts to offer to back up the democrat claims after all this time? That should speak to you, but very little does.Comey isn't a prosecutor. Funny you see him as God and an actual judge as "clueless".
He IS a lawyer, served as a federal attorney in New York, and was the second highest ranking lawyer in the country as the Deputy Attorney General...
And sold out his office, and his integrity protecting the clinton's and their minions...the man is a disgrace...
How did he protect her by sending the letter to Congress before the election that he admitted he knew could and did affect the election?
Shitting himself when it became apparent she was going to lose, and hoping to cover his own ass, and is obviously going to fail at that as well as his job. He can't save himself except by perjury at this point, so he's going to clam up now.
He answered all the questions he could answer. He is being investigated, and the Trump/Russia connections are still being investigated... he said he could not comment on ongoing investigations, BUT said there were things he could tell the Senator outside of the public hearing.
