2016 Postmortem
Related: About this forumWe Fact Checked Trump’s Claim That ‘Virtually Every Single’ Legal Expert Believes Clinton Committed
"During his victory lap after Tuesdays big five state win, Donald Trump relished in taking aim at his presumptive Democratic opponent, Hillary Clinton. He couldnt resist mentioning the FBIs email investigation, and how its an absolute criminal outrage.
Whether I read about it in the paper, or I watch it with legal experts on television, virtually every single one of them said what she did is a criminal act. What she did is a very dangerous thing for our country and here she is running, he told reporters.
So as a legal website, we had to fact check this one. Does virtually every single legal expert really believe Clinton committed a crime? The answer is no. In fact, legal experts are pretty divided. While there are several very credible legal minds who say she should be indicted based on the evidence, there are also plenty who believe she didnt do anything legally wrong."
http://lawnewz.com/high-profile/we-fact-checked-trumps-claim-that-virtually-every-single-legal-expert-say-clinton-committed-a-crime/
Here's a pretty even handed article.
LiberalFighter
(50,504 posts)A violation of a law can only occur if the law was in effect at the time of the violation. Classifying data after someone receives or sends it out would be like changing the speed limit sign after a driver passes the sign with a speed trap police officer waiting to stop the driver.
NWCorona
(8,541 posts)Hillary had an obligation to mark her emails in the appropriate classification and a legal duty to recognize and report and unmarked classified information. Multiple electronic spillage reports should have been made.
They were only classified after the fact due to Hillary's unique server arrangement. The emails were never in the governments custody.
LiberalFighter
(50,504 posts)NWCorona
(8,541 posts)That's my point. Hillary should have either classified her emails appropriately and reported the classified information she received that wasn't marked.
pdsimdars
(6,007 posts)or not it is classified. Most are not marked, but are classified none the less. This was in the agreement she signed under oath.
HooptieWagon
(17,064 posts)...meaning Clinton knew it was classified when she wrote it, even if it hadn't yet been reviewed. She received training at State on handling such information. Her excuse of "it wasn't marked classified when I sent it" not only is weak and disingenuous, it is legally impermissible. It is not the 'top secret' heading on a document that makes it classified, it is the content.
ucrdem
(15,512 posts)Always has been, always will be. And it's one more reason I'm eager to see Hillary back in the Oval Office because if this sham investigation isn't corruption I don't know what is.
NWCorona
(8,541 posts)This isn't a house committee conducting this investigation.
pdsimdars
(6,007 posts)without understanding what they are saying or what the facts are.
NWCorona
(8,541 posts)HooptieWagon
(17,064 posts)leveymg
(36,418 posts)Only someone unfamiliar with the facts or who has a stake in the outcome, or who is trying to flat-out deceive the public, would assert that there isn't probable cause to conclude she violated her signed security agreement.
The FBI Report will find she violated the terms of her signed security agreement. That is essentially the same as a finding she violated one or more federal laws referenced within it. While the Bureau can make a recommendation, it is up to the Attorney General, by way of the US Attorney with jurisdiction, to decide whether to convene a Grand Jury -- or, if that has already happened, and the GJ has voted to indict -- to actually unseal the indictment.
I think it is entirely possible that an indictment will not actually be issued, provide that HRC cooperates with an out of court agreement to release her delegates once she reaches the magic number. In the end, Obama will pardon her, anyway, just as Bill Clinton did his former CIA Director, John Deutch.
Here is Hillary's Security Oath and the statute it references, 18 USC Sec. 793. Go ahead and read it, and tell us if this is a fantasy or witch hunt.
1) Hillary signed this document on 01/22/09:
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement, classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) 1'9SJ) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50, United Slates code, and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, wiII result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classlfled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
Sec 793 (e) and (f) linked here: http://www.democraticunderground.com/1251552653
pdsimdars
(6,007 posts)I think the FBI really likes that (not). They've spent a YEAR investigating this and you guys and Hillary tell them they are a joke.
Keep it up. As Obama said to Romney, "Proceed . . ."
Oh, and they have 2 emails from her, telling her subordinate to remove the markings from a message and fax it to her on an unsecure fax. Oh, yea, sounds like nothing to me.
22 of the documents found on her unsecure, unencrypted server were the highest level (SAP) of the Top Secret classification.
Keep the rationalization up. . . .
OilemFirchen
(7,143 posts)Their cited legal experts, Andrew Napolitano, Michael Mukasey and Andrew McCarthy beg to differ.
That's gotta be worth another 27 bucks, eh "leftists"?
Hoyt
(54,770 posts)NWCorona
(8,541 posts)I definitely have my concerns but I will defer to the DOJ.