FBI Director James Comey Just Explained Why America Doesn’t Prosecute The Rich And Powerful

DigitalDrifter

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Feb 22, 2013
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Wow. This from the Huffington Post of all places.


Rich man’s law, poor man’s prison.

WASHINGTON ― Americans have grown accustomed to the idea that some criminal laws target specific populations. Drug possession charges tend to hit low-income black communities harder than other neighborhoods. The sentencing disparity between crack cocaine and powder cocaine just happens to result in long prison terms for black people, while Wall Street snorters receive leniency.

But the legal system’s bias against the poor and people of color is not limited to laws that directly put these populations in the crosshairs. It’s also reflected in the privileged treatment received by the rich and powerful who violate laws targeting the rich and powerful.

This is why FBI Director James Comey’s decision to effectively exonerate Hillary Clinton for allegedly mishandling classified information is so troubling. In a Wednesday press conference and an epic Thursday hearing before Congress, Comey accurately described his choice as consistent with a century of legal precedent. But based on any fair-minded understanding of justice, this precedent is a moral outrage.

Comey’s decision to shrug off prosecution was based on decades of “gross negligence” prosecutions, or more accurately, a lack thereof. Under the 1917 Espionage Act, federal prosecutors have brought only one case against a public official based on gross negligence. Clinton may have repeatedly mishandled classified information, even when she should have known better. That could be the basis for a prosecution based on negligence ― failing to uphold the law without actually trying to break it. Over the past century, authorities have exercised discretion in such cases. Absent criminal intent ― a willful desire to break the law ― prosecutors have overwhelmingly avoided bringing such cases.

So Comey’s point is consistent with the historical record. But here’s the problem: Negligence is a crime of power. The weak, low-ranking (and low-born), however, do not and cannot commit crimes of negligence, by definition. For example, when whistleblowers draw attention to a problem by leaking it to the press, this is not an act of negligence ― it is a deliberate act. The Obama administration has been ruthless with whistleblowers, throwing the book at Chelsea Manning and destroying the career of Thomas Drake. John Kiriakou received a 30 month sentence for leaking details about the CIA’s torture program. There are many other cases.

FBI Director James Comey Just Explained Why America Doesn't Prosecute The Rich And Powerful
 
Think of what harm Comey caused by first taking 10 minutes to explain why she was guilty then telling us that she shouldn't be prosecuted.

What does a man sitting in prison think about how Clinton was given a get out of jail card.

Comey has affirmed that the people are to big to jail.
 
Legal Dictionary - Law.com

negligence

n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states (Alabama, North Carolina, South Carolina, Tennessee, Virginia, Maryland) and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in 16 states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Nine states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages caused by a driver given permission to use the car, whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of litigation (along with contract and business disputes) in the United States.


gross negligence

n. carelessness which is in reckless disregard for the safety or lives of others, and is so great it appears to be a conscious violation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil. If one has borrowed or contracted to take care of another's property, then gross negligence is the failure to actively take the care one would of his/her own property. If gross negligence is found by the trier of fact (judge or jury), it can result in the award of punitive damages on top of general and special damages.


=====================================

Director Comey, did not have the option to charge her for Negligence, he only had the option of Gross Negligence. This is what is in the Espionage Act...remember the whole section of these Statues/Laws was in the Espionage Act.....yes, Espionage.

What Clinton did was NOT Espionage...it was careless and stupid and maybe even possibly negligent, but it WAS NOT Gross Negligence for Espionage, according to the legal definition I posted above. He ONLY had the option of GROSS Negligence... that's not his fault, that's Congress, who wrote and passed the Law, way back when.


 
Think of what harm Comey caused by first taking 10 minutes to explain why she was guilty then telling us that she shouldn't be prosecuted.

What does a man sitting in prison think about how Clinton was given a get out of jail card.

Comey has affirmed that the people are to big to jail.
Can you tell us who these men are, who you speak of being in prison, that were charged with Gross Negligence in the Espionage Act?
 
Think of what harm Comey caused by first taking 10 minutes to explain why she was guilty then telling us that she shouldn't be prosecuted.

What does a man sitting in prison think about how Clinton was given a get out of jail card.

Comey has affirmed that the people are to big to jail.
Can you tell us who these men are, who you speak of being in prison, that were charged with Gross Negligence in the Espionage Act?

Comey said she was above the law, no reasonable prosecutor would prosecute, he said she broke the law but why waste the time of pressing charges...

He is trying to save the hard working tax payers money, he knows Obama would pardon her anyway...

But you will vote for her to be our next POTUS, in control of our Top Secrets, seconds away from the nuclear codes, your ancestors will be proud of you...
 
Wow. This from the Huffington Post of all places.


Rich man’s law, poor man’s prison.

WASHINGTON ― Americans have grown accustomed to the idea that some criminal laws target specific populations. Drug possession charges tend to hit low-income black communities harder than other neighborhoods. The sentencing disparity between crack cocaine and powder cocaine just happens to result in long prison terms for black people, while Wall Street snorters receive leniency.

But the legal system’s bias against the poor and people of color is not limited to laws that directly put these populations in the crosshairs. It’s also reflected in the privileged treatment received by the rich and powerful who violate laws targeting the rich and powerful.

This is why FBI Director James Comey’s decision to effectively exonerate Hillary Clinton for allegedly mishandling classified information is so troubling. In a Wednesday press conference and an epic Thursday hearing before Congress, Comey accurately described his choice as consistent with a century of legal precedent. But based on any fair-minded understanding of justice, this precedent is a moral outrage.

Comey’s decision to shrug off prosecution was based on decades of “gross negligence” prosecutions, or more accurately, a lack thereof. Under the 1917 Espionage Act, federal prosecutors have brought only one case against a public official based on gross negligence. Clinton may have repeatedly mishandled classified information, even when she should have known better. That could be the basis for a prosecution based on negligence ― failing to uphold the law without actually trying to break it. Over the past century, authorities have exercised discretion in such cases. Absent criminal intent ― a willful desire to break the law ― prosecutors have overwhelmingly avoided bringing such cases.

So Comey’s point is consistent with the historical record. But here’s the problem: Negligence is a crime of power. The weak, low-ranking (and low-born), however, do not and cannot commit crimes of negligence, by definition. For example, when whistleblowers draw attention to a problem by leaking it to the press, this is not an act of negligence ― it is a deliberate act. The Obama administration has been ruthless with whistleblowers, throwing the book at Chelsea Manning and destroying the career of Thomas Drake. John Kiriakou received a 30 month sentence for leaking details about the CIA’s torture program. There are many other cases.


FBI Director James Comey Just Explained Why America Doesn't Prosecute The Rich And Powerful


You're article is bogus. I can't think of anyone much higher than the CIA Director, David Petreaus who was prosecuted by the FBI for delivering classified documents to his mistress, then lied to the FBI, and tried to hide evidence. I imagine David Patreaus as a 4 star General was also fairly wealthy.
James Comey: David Petraeus case worse than Hillary Clinton's emails - CNNPolitics.com

David-Petraeus.jpg
 
Wow. This from the Huffington Post of all places.


Rich man’s law, poor man’s prison.

WASHINGTON ― Americans have grown accustomed to the idea that some criminal laws target specific populations. Drug possession charges tend to hit low-income black communities harder than other neighborhoods. The sentencing disparity between crack cocaine and powder cocaine just happens to result in long prison terms for black people, while Wall Street snorters receive leniency.

But the legal system’s bias against the poor and people of color is not limited to laws that directly put these populations in the crosshairs. It’s also reflected in the privileged treatment received by the rich and powerful who violate laws targeting the rich and powerful.

This is why FBI Director James Comey’s decision to effectively exonerate Hillary Clinton for allegedly mishandling classified information is so troubling. In a Wednesday press conference and an epic Thursday hearing before Congress, Comey accurately described his choice as consistent with a century of legal precedent. But based on any fair-minded understanding of justice, this precedent is a moral outrage.

Comey’s decision to shrug off prosecution was based on decades of “gross negligence” prosecutions, or more accurately, a lack thereof. Under the 1917 Espionage Act, federal prosecutors have brought only one case against a public official based on gross negligence. Clinton may have repeatedly mishandled classified information, even when she should have known better. That could be the basis for a prosecution based on negligence ― failing to uphold the law without actually trying to break it. Over the past century, authorities have exercised discretion in such cases. Absent criminal intent ― a willful desire to break the law ― prosecutors have overwhelmingly avoided bringing such cases.

So Comey’s point is consistent with the historical record. But here’s the problem: Negligence is a crime of power. The weak, low-ranking (and low-born), however, do not and cannot commit crimes of negligence, by definition. For example, when whistleblowers draw attention to a problem by leaking it to the press, this is not an act of negligence ― it is a deliberate act. The Obama administration has been ruthless with whistleblowers, throwing the book at Chelsea Manning and destroying the career of Thomas Drake. John Kiriakou received a 30 month sentence for leaking details about the CIA’s torture program. There are many other cases.


FBI Director James Comey Just Explained Why America Doesn't Prosecute The Rich And Powerful
You do know there are poor White people out here, don't you?
 
Think of what harm Comey caused by first taking 10 minutes to explain why she was guilty then telling us that she shouldn't be prosecuted.

What does a man sitting in prison think about how Clinton was given a get out of jail card.

Comey has affirmed that the people are to big to jail.
Can you tell us who these men are, who you speak of being in prison, that were charged with Gross Negligence in the Espionage Act?

Doesn't matter the charge, there are those wrongly in prison.

So the congress should strike the law? Why have a law the will never be enforced? Even if in 99 years it was never used this is the digital age and until recently having a very hackable server didn't exist. Comey showed how Mrs. Tuzla lied about everything concerning the server. All her apologists didn't lie because they believed her but they repeated the lies. To that there is not doubt.
 
OK, since folks are saying there are others that had private servers, and there are, can anyone name one of them that had a private server that was vulnerable to hacking and was running for president? She put people's lives at risk doesn't that mean something?
 
Think of what harm Comey caused by first taking 10 minutes to explain why she was guilty then telling us that she shouldn't be prosecuted.

What does a man sitting in prison think about how Clinton was given a get out of jail card.

Comey has affirmed that the people are to big to jail.
Can you tell us who these men are, who you speak of being in prison, that were charged with Gross Negligence in the Espionage Act?

Doesn't matter the charge, there are those wrongly in prison.

So the congress should strike the law? Why have a law the will never be enforced? Even if in 99 years it was never used this is the digital age and until recently having a very hackable server didn't exist. Comey showed how Mrs. Tuzla lied about everything concerning the server. All her apologists didn't lie because they believed her but they repeated the lies. To that there is not doubt.
I guess I don't understand? Who are wrongly in prison? Does it relate to the Espionage Act?

The itty bitty part of the Espionage Act that you all wanted Clinton to be charged with has not been used by prosecutors BECAUSE it has a very high level standard, GROSS Negligence...not just Negligence. And I believe it was written that way, because they only wanted to use it, to capture those committing Espionage, like the rest of the Espionage Act.... it was never meant to prosecute good people or govt workers that simply made a mistake, or had poor judgement, or who were careless in some manner.
 
Can anyone provide an example where a poor person was prosecuted for having a personal server?
 
Can anyone provide an example where a poor person was prosecuted for having a personal server?

OMG, I have to admit to be very stupid. (go ahead have fun with that I deserve it)

I now realize what you and Mrs. Tuzla are doing. Took longer then it should have. Just like with Bill's lying under oath you want to make it about something else. As was done making his lying under oath and denying a woman her rights into it was nothing but a BJ.

Now that you heard that many people have private servers you are doing the same thing. Making it about owning a server and not about having classified material on a realitively unprotected server. Or her lying to congress and to the American people, as did Bill.

I am thinking that this new tact is deserving of a Goebbels award.
 
.
OK, since folks are saying there are others that had private servers, and there are, can anyone name one of them that had a private server that was vulnerable to hacking and was running for president? She put people's lives at risk doesn't that mean something?
YOU do NOT know she put others at risk...you do not know what was in these emails....Hillary wants them released because she believes there is nothing that critical in them...so does the State dept, but the CIA or the intelligence community says they are still secret.... who knows why?
 
Can I buy a server? Yes.
Can I set it up without security? Yes
Can I do that without violating any laws or rules? Yes.

Should the SOS do the same, no.
 
Can anyone provide an example where a poor person was prosecuted for having a personal server?

OMG, I have to admit to be very stupid. (go ahead have fun with that I deserve it)

I now realize what you and Mrs. Tuzla are doing. Took longer then it should have. Just like with Bill's lying under oath you want to make it about something else. As was done making his lying under oath and denying a woman her rights into it was nothing but a BJ.

Now that you heard that many people have private servers you are doing the same thing. Making it about owning a server and not about having classified material on a realitively unprotected server. Or her lying to congress and to the American people, as did Bill.

I am thinking that this new tact is deserving of a Goebbels award.
I read that the State Department with relatively protected servers, was hacked in to 45 times just this past year....
 

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