:shrug: there is really no other thing to say than that this is flatly incorrect. The law that Hillary broke is the same one that we would like to speak to Mr Snowden about, and that we put Bradley Manning in prison for.
I know this may come as a shock to you. I understand many people who opposed Clinton just simply assume it to be true that she committed a crime and was let off the hook. Unfortunately, they've been lied to.
Many comparisons have been drawn to convictions of military personnel with respect to the mishandling of classified intelligence, such as your comparison to Bradley Manning, but the UCMJ does not apply to civilians. The military version of the law does not require the element of intent, whereas the civilian version of the law requires the element of intent in order for a suspect to be convicted. A Supreme Court ruling, Gorin v. United States (1941), makes it unlikely anyone will ever be charged on (f) of 18 USC 793 just based on negligence. This ruling and also the fact no one has ever been charged on (f) support the FBI's decision to recommend to the DOJ that Clinton not be prosecuted. 18 USC 793 was not written well, and the Supreme Court said, that intent was necessary for 18 USC 793 to be constitutionally valid.
At last we come to the constitutional barriers to prosecution. As Comey made clear in his testimony to Congress, while the statutory standard in §793(f) is “gross negligence,” the Justice Department has historically been reluctant to prosecute—indictments under §793(f) are vanishingly rare—without something at least approaching evidence of intent. One reason for that may be that the Supreme Court’s opinion in Gorin v. United States (1941), which suggests that the Espionage Act’s intent requirements are an important feature that save it from unconstitutional vagueness. Due process requires that the law give citizens clear notice of what conduct is criminally prohibited, and in a country that (in large part for First Amendment reasons) has never had a British-style Official Secrets Act, there would be real reason to fear it would be too easy to unwittingly commit a crime absent relatively strict intent requirements. After all, classified information is routinely (and lawfully) printed on the front pages of newspapers—it would be perverse if forwarding a New York Times article were an indictable offense—and the sheer volume of classified material means it’s often difficult for officials to keep track of whether a particular fact is classified at a given time. Add in the historical paucity of prosecutions for mere insecure discussion of classified facts and it’s easy to imagine Clinton’s attorneys successfully sinking any case with a due process argument.
The Server Will Bewitch You Shortly | Cato @ Liberty
If you have some access to some other real, legal analysis, not the opinion of an opinion show host like Hannity, which you think is a better analysis of the law, please, by all means, refer to it.
This is also, as a simple matter of record, incorrect.
The vast majority of the e-mails on her server were never classified. The FBI examined 30,000 or so e-mails, 27,890 or so emails were not classified. Not then, not now, not ever, not at any point in time. To clarify, that's about 93% of the e-mails which were never found to be classified at any time. That's a lot. Of those 30,000 e-mails 2,100 were up-classified afterwords. So at the time Clinton and her people were using her server, there were only about 110 e-mails that were classified at the time they were being transmitted. That's 0.36%. So out of 30,000 e-mails examined, 99.64% (approximately) were not labeled as classified. And then we have to add to that the fact that the vast majority of the 110 classified e-mail were not properly marked as classified. Only a handful of that 110 classified e-mails was marked as classified.
If you have some other data which you think is a more accurate reflection of the record, then please, by all means, refer to it.