2016 Postmortem
In reply to the discussion: More on Hillary Clinton's felonies. She held guilty knowledge to sustain 18 USC Sec. 793(e) charges [View all]leveymg
(36,418 posts)Last edited Thu May 5, 2016, 08:38 AM - Edit history (2)
As far as the terms of Paragraph One of her signed Classified Information Nondisclosure Agreement is concerned, she violated her oath. It matters not at all whether the classified information that she traded across her server had been stripped of classification stamps. The mere fact that she violated that agreement by transmitting and retaining classified information over an uncertified system makes her subject to a number of federal felony charges, principally Sec. 793.
Second, with regard to the general element of mens rea, as I've made clear in the OP, her guilty knowledge is clear from the fact that she defied the NSA warning not to continue using her Blackberry. Instead of using a State Dept approved secure phone and the Department's email system, she chose to set up her own unauthorized system with an uncertified server and exchanged classified information in the course of business and what she has characterized as private communications. Notice given is sufficient to show she was damn well aware that the system was unsecure, and her action taken to use the unauthorized server for all of her communications, official and private, is indicative of guilty knowledge. She also knew, having been trained in handling classified materials, that she should not have been communicating classified materials or receiving same over an unsecure system. Her Security oath specified that if she mishandled classified materials, that is a violation of law. The server contained over 2,000 classified communications. HRC, herself, sent 104 emails containing classified information over that unsecure system. Those actions, both sending and receiving classified materials, many of which originated with other government agencies, is a direct violation of Subsection (e) of Sec. 793.
Additionally, she knew they were classified because of their content and because Blumenthal referenced them as classified on numerous occasions. Her response, "keep 'em coming" is by any measure, at the very least complicit and willfully reckless, and she actually failed to report the Blumenthal's use of her server to transmit these classified materials which he had no authority to possess. That meets the requirements for violation of 793 subsection (f)(2). Her setting up the system and willfully operating it with others to trade thousands of separate classified informations is a further violation of the conspiracy section at subsection (g).
The widely-reported facts show she had a culpable mental state to violate the law, and a review of the applicable statute shows how she actually broke the law. To say "it would be impossible for a DOJ Attorney to prove Clinton had the culpable mental state to violate the law", as you just did, merely demonstrates that you are either misinformed or are actively attempting to spread disinformation and misunderstanding.