Toddsterpatriot
Diamond Member
Correction, it is an excuse not to bring charges..I've researched it enough to understand that lack of intent is not a defense,
Of course it's not a defense. It's a reason not to bring charges.
Their have been solders that have been court martialed and served time for doing less. Many didn't intend to violate confidentiality laws, but they did.
Court martialed necessarily means that the Uniform Code of Military Justice (UCMJ) was the applicable body of law. The Espionage Act which contains section 793(f) that applied to "email-gate" is not part of the UCMJ; however, violations of the Espionage Act can be tried under the UCMJ's Article 134. Mrs. Clinton, however, was not subject to military jurisprudence. Whether the UCMJ follows strict liability or specific intent with regard to Article 134 prosecutions, I don't know.
The military has extensive regulations that govern the handling of classified material and the failure to follow these regulations is a criminal offense. Negligence can result in a conviction under UCMJ Article 92 because the test is whether the service member “knew or should have known” they were violating the regulation. But these rules do not apply to any civilian personnel at the State Department, although some of them apply in limited circumstances to DoD civilian employees.
Despite what may appear to be the plain meaning of 793(f), the negligent mishandling of classified material is not a civilian criminal offense. A civilian can face many consequences for negligently mishandling classified material, including the loss of their clearance and probably with it their employment, but they would not face criminal charges. For anyone who thinks negligence should be a crime their argument is not with Director Comey but with Justice Reed, the author of the Gorin opinion. Because of that decision, the correct standard is intent, not gross negligence, and the director was right not to recommend a criminal case.
Because of that decision, the correct standard is intent, not gross negligence, and the director was right not to recommend a criminal case.
She didn't intend classified material to be on her private, unsecured server?