- Apr 21, 2010
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It depends on what was said on the clinton-lynch tarmac meeting.
So, you don't have any actual evidence that a crime was committed, you just have a narrative that you've come up with.
33,000 emails, deleted while under subpoena is prima facie evidence of a crime.
What crime?
"Contempt of Congress" is the only one I can think of.
Changing the wording of the investigation result from "grossly negligent" to "extremely careless" is an example of a government official engaging in corrupt actions which clearly falls under the Statute. The aforementioned deletion of emails while they were under subpoena is likewise a example of a government official acting in a CORRUPT manner. I don't know how much more plain it can be made to you, but using the REASONABLE PERSON standard as a guide tells this person that just like a doctor who aids a injured person, and is thus held to a higher standard than a regular civilian, the SECRETARY of STATE would likewise be held to a higher standard, especially given the knowledge that she was REQUIRED to sign a document stating that she understood the laws pertaining to the usage, and keeping of classified material.
That's about as basic as I can make it for you.
Changing the wording in the statement didn't change anything. That was a matter of rhetoric.
The reason why the FBI opted to not recommend charges against Hillary wasn't because of the words that Comey used in his statement - it was that only one person in history has ever been charged under that 18 U.S. Code § 793(f) absent specific intent.
The root of this is the idea that § 793(f) was unconstitutionally vague. As the only section of the Espionage Act that did not require intent as a statutory element, the courts were mixed on how to apply it in cases where intent wasn't proven. Only one such case ever ended up being prosecuted - and even in that case, the plaintiff was already known to be in the employ of a hostile foreign power.
If it wasn't already clear, in 1941, the SCOTUS ruled on a § 793(f) case called Gorin v. United States, in which the court held that without proof of intent, the definition of "against the national interest" was unconstitutionally vague.
Incorrect. Gross negligence is a crime, changing the wording to "extremely careless" makes it no longer a crime. Strzok did that at least twice. That is the very definition of official corruption.. Furthermore "Intent" as a aspect of the crime is a myth. There is no requirement for intent. That was a comey invention.