https://lawandcrime.com/high-profil...ouldve-helped-this-marine-avoid-a-conviction/
Rather than just going through the Roller case and trying to make comparisons to the Clinton case, let’s answer this question instead: Under FBI Director James Comey’s so-called “Clinton Standard,” would
Rickie Roller have been prosecuted?
Here are the facts:
U.S. Marines Sergeant Rickie Roller was responsible for all of the classified material that came into the Intelligence Division at the Marines Headquarters in Washington, D.C. Due to a conflict with his supervisor he requested a transfer and he “hastily packed his gym bag” with materials from his desk on his last day at the Intelligence Division HQ. Several weeks later as Roller was unpacking the gym bag he discovered the classified materials in his gym bag. Fearing he would get into trouble, Roller decided he would destroy the items once he arrived at his new duty station. However, a moving company employee discovered the classified materials before Roller could destroy them and notified authorities. Roller was convicted in a general court martial under Section 793(f), which provides, in part:
As you can see, the court determined that the act of unknowingly placing the classified material in his gym bag satisfied the “gross negligence” requirement under 793(f). Furthermore, the court found that Roller’s negligence in failing to protect the information once it was taken out of the secured area resulted in its “loss” — even though it was returned to the proper authorities by the moving company employee. They specifically found Roller had a duty to protect the information until he could return it to the government. Therefore, the court held the conviction under 793(f) was appropriate.
So, would the outcome in Roller’s case change under the so-called “Clinton Standard” as articulated by Director Comey at the congressional hearing on Thursday? The answer is most probably yes, Rickie Roller’s conviction would not stand under the “Clinton Standard.” Here is why.
The most fundamental difference in how the two cases were handled begins with the court’s acceptance that Congress’ intent in drafting the Espionage Act was “to create a hierarchy of offenses against national security, ranging from ‘classic spying’ to merely losing classified materials through gross negligence.” Director Comey, however, stated his belief that the U.S. government should not prosecute someone unless they know what they are doing is wrong. Thus, he would have refused to even attempt recommend a prosecution under section 793(f).
So far the only offense I can find under Section 793 F.........................
He was in a hurry............was moving and jamming his stuff in a gym bag to move..............then later went OH SHIT................I FUCKED UP.............yet the Court Martial said it was Malicious Intent......................and these are military standards.......Not State Dept. Standards..........and a Military Court Martial which are held to higher standards than a regular court.
