- Moderator
- #261
Actually, from what I have read, the reason had more to do with her discomfort with technology and her reliance on others. There is no evidence of intent to break a law but plenty of her lack of tech.Dude, you know that I'm in law school at the moment. Intent, or a comparable mental state, is an element of nearly every crime on the books, aside from the "strict liability" crimes, such as statutory rape. It's a basic part of criminal law - the mens rea.
The Court already ruled on this - absent intent, § 793(f) is unconstitutionally vague. § 793(f) is the only section of the Espionage Act that doesn't specifically enumerate "intent" as a required element.
Dude, you're working at becoming an Officer of the Court. I already AM an Officer of the Court. I've been testifying in open court for probably longer than you've been alive. On three continents to boot!
And in this particular case intent is not an aspect of the crime. The Naval seaman who spent a year in jail was tried for the exact same thing that hillary is accused of and he certainly had no intent to commit a crime. You are flat wrong in this case.
The naval seaman that you're referring to (Kristian Saucier) absolutely "intended" to commit a crime. He didn't "accidentally" take 10 or so pictures of the submarine's classified engine system. He intentionally aimed his smartphone at the engine, and pressed the "Shutter" button - knowing that in doing so, he was violating the law.
And hillary intended to place classified documents on her unclassified server. Saucier had no intent to commit a crime. He DID commit the crime, but he was unaware that it was a crime to take those photo's. hillary, as the most "prepared POTUS candidate evah!" clearly DID know it was illegal, and furthermore, the sailor is not held up to nearly the same standard as the Sec of State, yet she was held to a LOWER standard than he was, and there's that little issue of those 33,000 subpoenad emails that were destroyed, along with the 13 blackberries that were hammered into bits. That is prima facie evidence that smacks that Reasonable Person right in the face. Don't ya think?
To add -
"Intention" isn't about knowing that you're breaking the law. It's about doing things on purpose. If you act, with the intention that a result should come from your action, the requirement for intent is satisfied.
Saucier didn't take those pictures by accident, he did it on purpose. That's where the idea of intent comes in.
There's no evidence that Clinton's spillage was intentional.
Yes, he intended to take the pictures, but he thought that as they were private, and were not going to be given to anyone beyond his friends and family that it was not a crime. Hillary KNEW that what she was doing was illegal (she is an attorney after all, she is ASSUMED to KNOW the law based on her classification as an expert). The most likely reason for her to set up the private server was to avoid FOIA requests. That is the only thing that makes any sort of sense.