Juan de Fuca
Gold Member
- May 24, 2016
- 3,254
- 452
- 130
- Thread starter
- #21
Well to be exact, we don't know what the FBI is investigating. Also there are only two laws that apply to this investigation 18 USCA 1924(a) and 18 USCA 793(a) which is a more serious breach. The Supreme Court would view prosecution under the Espionage Act without sincere "Intent" to injure the United States and in "bad faith" very poorly.
As Professor Laurie Levinson intoned
This case doesn't rise to the level of Petraeus and will not have the ending either.
You can find some idiot who will give ANY opinion.
The fact is, that espionage does NOT require intent. Period.
Let me just be clear here.
I used to work for the government. I had a classified job (so no details will be posted) that often put me in places where my identity was unknown for the obvious reason that there were locals who would have liked to have gotten their hands on me if they knew my identity)
My life, and hundreds if not thousands of others like me, literally depended on people keeping that information secure. Clinton literally decided that her political career was more important than our lives when she refused to follow the rules and the law, and if a cabinet member isn't held to the law, why would a petty officer on a nuclear submarine be expected to follow said law, and then you have no one following the law.
Yes, I think Patraeus should have been punished more harshly, the fact that he wasn't has ZERO bearing on Clinton's case.
You're incorrect because the courts have traditionally viewed espionage (which Hillary Clinton is is no way being considered) as a very serious event. Here is the SC opinion of "Bad Faith"
"We find no uncertainty in this statute which deprives a person of the ability to predetermine whether a contemplated action is criminal under the provisions of this law. The obvious delimiting words in the statute are those requiring intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage of any foreign nation. This requires those prosecuted to have acted in bad faith." Gorin v. United States 312 U.S. 19 (1941)
Further, the email that Hillary had that was classified only became classified at a later point. Even Colin Powell defends her on this point.
Everyone who has held a security clearance regards it highly, but that doesn't mean there aren't mistakes made. David Petraeus' violations were far more serious and he got off with a $100,000 fine and two years probation. Hillary Clinton will not get anything more serious than that.
I actually agree, she won't get anything more serious than that. THAT however should absolutely disqualify her from holding any elected office, let alone POTUS.
Also, what the courts have traditionally ruled on has little bearing on what the actual law is. I despise any court that doesn't frown heavily on ANY person who breaks the law in regards to treason, and I despise courts who don't act appropriately to punish those who break the law.
Then the argument boils down to "Should a misdemeanor disqualify anyone from running for office" especially since we have had felons in office. It kind of makes it difficult to disqualify anyone when we allow the more serious violators to hold office.
Ideally, yes of course breaking the law should disqualify you from holding an office that enacts or enforces said laws. But of course there should also be a higher standard correspondent to the higher position.
Let's just be real honest here. If a Republican had done EXACTLY the same thing Hillary did, EXACT same circumstances, 99% of the morons on this board who are currently defending her would be up in arms and calling for jail time for said Republican. You know that's true.
To be fair, no doubt most of the people who want her jailed for life don't even understand the law and would no doubt be defending her if she were a Republican.
Moral of the story. People are idiots. The LAW however is supposed to be blind. Hillary broke the law. PERIOD.
You made perfect sense until you got to the last sentence....she still has not been found guilty of anything.