• Reply to ‘Hillary Committed No Criminal Act’

    August 19, 2015

    Tags: ,
    Posted in: Post-Constitution America

    clinton9


    Sorry this post is so short, but it does not seem to need to be longer.

    Many supporters of Hillary Clinton say that since she committed no criminal offense, the whole thing about her private email server containing classified material is just partisan sniping.

    So as a public service, let’s see if we can sort that out.


    The Law

    18 USC 1924, which is a law, is titled “Unauthorized removal and retention of classified documents or material.”

    The text of the law says, inter alia, “Whoever, being an officer… 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.”

    The law does not require the possessing person to “know” the information is classified.

    This is the statute under which David Petraeus was prosecuted for keeping classified information at home.


    The Classified

    Two Inspectors General stated Clinton’s email server, located part of the time at her home in New York, and part of the time at a commercial server farm in Colorado, held classified data. Neither site was an authorized location. We’ve long-since established that classified is classified whether it is marked or not. It does not matter who sent the emails; they were on Hillary’s server and thumb drives, making her the “possessor.”

    Up to 305 Clinton emails might have classified data, and that out of only five percent of 30,000 messages reviewed. There may be backups available of the 30,000 some messages Clinton deleted.


    The Conclusion

    Clinton’s possession of classified information on a personal server appears to be a violation of 18 USC 1924. So is transferring that information to the thumb drives held by her lawyer (himself unauthorized to possess high-level classified information.)

    There it is. No partisan remarks. No right-wing attacks. Just facts. As a non-lawyer, what am I missing?



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    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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  • Recent Comments

    • Bruce said...

      1

      WAIT. FOR. IT. ! Despicable She and her NinnyOns, especially FCing (First Consorting) Willy; will $lick off the law by trotting out, ‘Depends what the definition of “his” IS!’

      08/19/15 11:21 AM | Comment Link

    • teri said...

      2

      It’s nice for her that she is so comfortable with her actions that she can make jokes about it. It’s too bad the electorate thinks the jokes are funny, however. Doesn’t speak well for either party (Hillary or the public).
      *************

      […] “You may have seen that I recently launched a Snapchat account,” she [Clinton] said. “I love it. I love it. Those messages disappear all by themselves.”

      The social media posts are known for disappearing within about 10 seconds after a user views them. […]

      http://www.nbcnews.com/politics/hillary-clinton/hillary-clinton-has-love-snapchat-joke-about-email-scandal-n410421

      08/19/15 12:07 PM | Comment Link

    • Bruce said...

      3

      After The CORONATION; S’hell perpetuate it as her NixOn NSApshot precedential program!

      08/19/15 2:30 PM | Comment Link

    • John Poole said...

      4

      Not so fast. Her email servor shenanigans might just be so blatant that she loses some of her support. She just has to be seen as fatigued and out of touch. Evidently she has not driven a car in 20 years so I suggest that every candidate be test to see if they can start and put a car in gear. My guess is that she might be able to start a car but not get it out of park correctly and she’ll rev the engine until it seizes. That is of course what may happen to her campaign- it revved too early and seized because the public became bored with her.

      08/19/15 5:54 PM | Comment Link

    • Bruce said...

      5

      Or, her Poppy’s Company hacks the CLINTON Clown car’s ECU for a Hastingly untimely crash. Because, the JEB Is UP!

      08/19/15 6:17 PM | Comment Link

    • John Poole said...

      6

      If the Schrub can be POTUS then the doors have not been flung open to all comers but the hinges have been removed. I’d like to see Trump promise that once POTUS he would end the policy that if one is born in the USA one automaticallly becomes a citizen. Such a policy is the pathological cerebral folly of liberals, progressives, socialists and evangelicals. Sadly those who profess to be intelligent and informed are often no more than published Taliban academics.

      08/19/15 9:23 PM | Comment Link

    • RICH BAUER said...

      7

      Since “no crime was committed”, Hillary was in her rights to wipe the server and destroy thumbdrives that stored her emails, just as the NSA is well in its rights to copy every email Hillary sent internationally, which likely constitute the majority of her emails, which means the NSA has Hillary right where it wants her.

      08/21/15 9:32 AM | Comment Link

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