The Espionage Act. In particular:
(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.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
Since nothing that she received was classified secret or top secret until after the fact, that means nothing was on the top secret compartmentalized server at the time she received copies of these emails for her to ''remove from it's proper place'', there is NOTHING in your statute to charge her with.... that's clear as day.
Nothing but nothing is classified "after the fact." Things are classified from the creation of a document. It's been explained a million times that Hillary's puppets removed the markings so it could be E-mailed. That means its a felonious crime.
That is NOT TRUE......
The Stuff that was classified top SECRET after the fact in her emails was not compartmentalized T/S material that came from their top SECRET system in the State dept.... that's a fact. They investigated it and found it was not on their top SECRET in house system when she received copies of these emails from her aids. No one removed the info from its proper place on the T/S system and then forwarded it to her via email.
You are confusing two different things.... the email chains that were forwarded to her which were marked as t/s classified AFTER the fact, and a talking points memo she asked her top aide to send her if the fax was not fixed.
Classified information that is generated and formulated for delivery is classified on the spot. No information ever has, isn't now and never will be classified "after the fact." That is just a Clinton made up lie. Notice she religiously sticks to that lie "I have never received or sent anything
marked classified." That is the only truth that will pass her lips because her lackeys removed the markings. Another thing is anyone sending sensitive material without a classification is guilty of a crime. End of story.
no it's not a Clinton made up term.
regardless, she did not create these t/s classified info emails....her aides with T/S clearance created these now T/S classified emails....and emailed each other for a two year period with this now deemed T/S classified email chains, before even forwarding the email chain to Clinton. Her aides were emailing and forwarding this info to each other on an UNCLASSIFIED email system, the State.gov email system....they did not steal this T/S classified info from the govt's top secret system as right wingers speculated and said, they did not remove it from its proper source...the T/S govt system because it was not in this T/S system....
there was no espionage, there was no aiding and abetting the enemy, there was no treason, there were no traitors and there was no sending this info to people without t/s clearance, there was no
gross negligence.