2016 Postmortem
In reply to the discussion: It's not a flip-flop. Seriously, let it go. [View all]jeff47
(26,549 posts)They are investigating whether or not Clinton's server had classified information on it, and if it did who could be subject to a criminal investigation.
Could Clinton be subject to a criminal investigation? No. There's a hole in our espionage laws. You only break them if you:
1) Directly give classified to a foreign government
2) Sell classified
3) Allow classified to leak via negligence.
Clinton didn't do any of those. So she can't be charged with a crime. If she was random government employee #8031947 she would lose her clearance and be fired. But she no longer has a clearance, and she no longer works for the government.
Her IT guy, however, may be charged with a crime if the FBi finds classified on her server. He was extremely negligent with the security on her server. And do he pled the 5th.