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This is why Trump can't Hire Quality People in The White House

Actually the entity who disagrees with Comey on Mens Rea is 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...​

I made two of those words kinda more noticeable than the others - can you tell us what they are, Moot? :)
So I see. lol

Now look at the big red words that you grossly and negligently chose to ignore. The law requires that 'National defense' has to have been harmed or injured by the gross negligence and in Hillary's case, harm to the national defense that was never proven...or even addressed. So what if she had unmarked classified emails....a) she had the authority to classify or declassify anything she wanted, b) she didn't send or receive emails from anyone she didn't know or trust,...and c) none of her work related emails were "willfully", "knowingly", or "intentionally" lost, stolen, abstracted or destroyed. AND...since she didn't break any NARA or State Department rules or regulations regarding emails making it extremely difficult to prove that she was "grossly negligent," at all.
 
Exactly. Comey chose not to apply the law, but rather to apply a standard that allowed him to avoid applying the law. He declared that they had only been guilty of "Extreme Careless", which was somehow different than "Gross Negligence". :shrug:
Comey was applying the law. Mens rea is a part of the law.


In order to avoid admitting that she had, Clinton testified to the FBI agents that she did not know what a classification marking was.
Neither did Comey.


"..But now we are learning more about those emails from Comey, who testified before the House Oversight Committee on July 7, and State Department spokesman John Kirby, who addressed these emails at press briefings on July 6 and 7:

*Comey said three emails had “portion markings” on them indicating that they were classified, but they were not properly marked and therefore could have been missed by Clinton. He said the emails were marked as classified with the letter “C” in the body of the email.

*Kirby said the State Department believes that at least two of the emails were mistakenly marked as confidential. He could not speak to the third email, saying ​the department didn’t have​ “all of the records and documents that the FBI used in their investigation.”

*Comey told the committee he is “highly confident” that FBI investigators consulted with the State Department about the marked emails. But he said he did not know that the department believes that any of them were marked in error.

The issue is a bit complicated, but important, because it provides Clinton with a stronger defense against claims that she sent and received material that was marked as classified over her private server when she was secretary of state. ..."

Revisiting Clinton and Classified Information - FactCheck.org



Whether she trusted them or not is immaterial - the system she sent them over is what is relevant.

It's material to the section of the law you quoted.

18 USC 793.....[edit for brevity]
]
Executive Order 13526. Additionally, though compared to the multiple felonies above it's kinda small ball, she also violated the terms of her SF 312, which is a lifelong, binding contract with the US Government.

So what harm or injury to the national defense did she cause or do? What NARA or State Department rule or regulation did she break? Without proof of that...there's nothing to indict her with. :shrug:

Clinton had the authority to declassify State Department information. The majority of her classified emails look like that is what they were, as they were CONFIDENTIAL, and that is where a lot of State correspondence is kept at. CONFIDENTIAL material cannot go into a regular email system - there is a separate system known as SIPRNet to handle those communications, and it is illegal to transmit them or store them in non-classified information settings or systems. But, if she really wanted to push it, she could claim that - in every single instance of exposure of State information, which would sorta boggle the mind - she was forced by circumstances to use her OCA authority to declassify that information without going through the process of doing so.

Clinton did not have the authority to declassify CIA or NSA data, which was also present in her emails.

As the head of State, Clinton had the same authority to classify or declassify information as all the other agency heads have...including the president...


Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by:

(1) the President and the Vice President;

(2) agency heads and officials designated by the President; and

(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section..."

https://www.archives.gov/isoo/policy-documents/cnsi-eo.html


We have prosecuted for this, actually. Successfully too. As I understand it, it was claimed those examples didn't count, because they were of military members.
The cases you seem to be referring to all had MENS REA.
 
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