- Mar 18, 2014
- 38,117
- 34,056
- Country
- United States
- Gender
- Male
- Faith
- Christian
- Marital Status
- Married
Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both.
The statute does not include "intent." That's the point.
There's a lot of "willfully " involved in "intent." Those classified documents did not will themselves from approved secured system to an unauthorized unsecured system. HRC and her handlers knowingly extracted classified information from the secure network and knowingly moved it to an unsecure private system and knowingly transmitted the classified information over the unsecure private system. This is a violation of every statute I posted. The FBI decided not to prefer charges even though HRC and others broke the law.
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