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2016 Postmortem
In reply to the discussion: A "limited hangout". The best DC Kabuki since Fitzmas. [View all]geek tragedy
(68,868 posts)42. You could not be more wrong if you tried.
Comey did not invent the concept of mens rea and the requirement of criminal intent.
It is the cornerstone of criminal law going back to the days of Magna Carta.
There have been ZERO prosecutions EVER under the Espionage Act for someone who was merely careless.
ZERO.
That is not an accident.
There has been ONE--count it--ONE case where someone was prosecuted under the gross negligence language:
For more than two decades, FBI Special Agent James ("J.J." Smith was a highly respected, veteran agent running counterintelligence operations in the Los Angeles area. His main focus was on China: trying to identify the Communist country's intelligence operations in the U.S. and ferret them out.
In 2003, less than three years after he retired from the FBI, Smith was arrested by his former colleagues on shocking and scandalous charges that he carried on a sexual relationship with one of his longtime sources, Katrina Leung. The FBI said in court filings that Smith carried classified documents and other sensitive records in his briefcase and sometimes left the case open and unattended while he visited her residence.
Leung copied many of the records, some of which were recovered from a safe in her home, the court records said. That was particularly worrisome because the FBI had developed Leung as a double agent known to be working with the Chinese government, but in theory working loyally for the FBI.
The story had another major salacious twist: Leungknown by the code name "Parlor Maid"had also carried on a sexual affair with another FBI agent involved in managing her, Bill Cleveland.
Smith and Leung were arrested and later indicted separately. Smith was charged with four counts of wire fraud for submitting false reports on Leung's activities as an FBI asset and one count of grossly negligent handling of classified information. The latter charge is a component of the Espionage Act, although Smith was not charged with espionage as such.
An FBI official confirmed to POLITICO Thursday that Comey's public references to a single, gross negligence classified information case in the past century were to the indictment of Smith over a decade ago. The FBI director suggested the Smith case was starkly different than Clinton's.
"It's been one case brought on a gross negligence theory," Comey told the House Government Reform and Oversight Committee as Republican lawmakers pressed him on why Clinton wasn't being prosecuted for negligence in operating a private email server that Comey said contained highly classified information.
"I know from 30 years there's no way anybody at the Department of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts," Comey added.
The FBI director also appeared to take a shot at former U.S. Attorney Rudy Giuliani and other ex-prosecutors who have been saying they would've charged Clinton with gross negligence.
"I know a lot of my former friends are out there saying where they would. I wonder where they were the last 40 years, because I'd like to see the cases they brought on gross negligence. Nobody would, nobody did," Comey said.
In 2003, less than three years after he retired from the FBI, Smith was arrested by his former colleagues on shocking and scandalous charges that he carried on a sexual relationship with one of his longtime sources, Katrina Leung. The FBI said in court filings that Smith carried classified documents and other sensitive records in his briefcase and sometimes left the case open and unattended while he visited her residence.
Leung copied many of the records, some of which were recovered from a safe in her home, the court records said. That was particularly worrisome because the FBI had developed Leung as a double agent known to be working with the Chinese government, but in theory working loyally for the FBI.
The story had another major salacious twist: Leungknown by the code name "Parlor Maid"had also carried on a sexual affair with another FBI agent involved in managing her, Bill Cleveland.
Smith and Leung were arrested and later indicted separately. Smith was charged with four counts of wire fraud for submitting false reports on Leung's activities as an FBI asset and one count of grossly negligent handling of classified information. The latter charge is a component of the Espionage Act, although Smith was not charged with espionage as such.
An FBI official confirmed to POLITICO Thursday that Comey's public references to a single, gross negligence classified information case in the past century were to the indictment of Smith over a decade ago. The FBI director suggested the Smith case was starkly different than Clinton's.
"It's been one case brought on a gross negligence theory," Comey told the House Government Reform and Oversight Committee as Republican lawmakers pressed him on why Clinton wasn't being prosecuted for negligence in operating a private email server that Comey said contained highly classified information.
"I know from 30 years there's no way anybody at the Department of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts," Comey added.
The FBI director also appeared to take a shot at former U.S. Attorney Rudy Giuliani and other ex-prosecutors who have been saying they would've charged Clinton with gross negligence.
"I know a lot of my former friends are out there saying where they would. I wonder where they were the last 40 years, because I'd like to see the cases they brought on gross negligence. Nobody would, nobody did," Comey said.
http://www.politico.com/blogs/under-the-radar/2016/07/heres-the-other-gross-negligence-case-comey-cited-in-clinton-email-testimony-225266
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It turns out that Comey gave a performance that would make a ten year old ask questions
arendt
Jul 2016
#16
All of the sudden, you decide the VRWC would just drop her is she wasn't a candidate
arendt
Jul 2016
#61
Because its not true and no proof of that was found in the FBI investigation
stevenleser
Jul 2016
#26
she intended that someone send her something by nonsecure means if secure means
geek tragedy
Jul 2016
#57
you claimed there was a documented breach. I have demonstrated that was your imagination
geek tragedy
Jul 2016
#63
It means that it is impossible for anyone without a high level security clearnace to play this game.
arendt
Jul 2016
#68
yes, protecting classified information is not something people without clearances do nt
geek tragedy
Jul 2016
#70
yawn. do you have anything that isn't hatred of Clinton and rightwing innuendo to contribute here,
geek tragedy
Jul 2016
#73
Chuck Hobbs is flat-out lying when he describes himself as a Clinton backer.
geek tragedy
Jul 2016
#19
I suggest you try citing Wikipedia in your next legal filing, see how that goes nt
geek tragedy
Jul 2016
#44
I know it is over. That's why I wrote this. Did you read my hopelessness or just want to bash me?
arendt
Jul 2016
#13
I'm saying you started with a big old strawman and are beating a dead horse. n/t
JTFrog
Jul 2016
#14
Bottom Line: "FBI director says Clinton did not lie, break law in email handling"
emulatorloo
Jul 2016
#51