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I guess you either didn't read or chose to ignore this info which has been posted on here multiple times.
From the Espionage Act 18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(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.
BTW, "proper place of custody" is determined for each Department by that Department secretary and is the top superior officer to whom a report is to be made. As well, the Department secretary is the Original Classification Authority who determines the classification of documents that originate in his or her Department. See Executive Order 13526.
All of this adds up to a very murky situation for prosecution, when the definitions of the terms of the law are under the legal authority of the person you might want to prosecute for violating them.
BTW, "proper place of custody" is determined for each Department by that Department secretary and is the top superior officer to whom a report is to be made. As well, the Department secretary is the Original Classification Authority who determines the classification of documents that originate in his or her Department. See Executive Order 13526.
All of this adds up to a very murky situation for prosecution, when the definitions of the terms of the law are under the legal authority of the person you might want to prosecute for violating them.
Are you saying that Hillary's private server is a "proper place of custody"? If so, I have a hard time believing that this investigation would have lasted over a year.
If the server isn't a "proper place of custody", are you saying that is would be ok to have SAP information on it? And, are you saying that Hillary can decide that SAP information isn't classified?
Before all you foamers wet your pants about this you may want to look up the legal meaning of 'gross negligence' If she took any precautions at all, it most likely legally fails to meet the standard.
Those precautions are to use a secured government issued device over the secured government network to access your government issued email account on the secured government server.
Are you saying that Hillary's private server is a "proper place of custody"? If so, I have a hard time believing that this investigation would have lasted over a year.
If the server isn't a "proper place of custody", are you saying that is would be ok to have SAP information on it? And, are you saying that Hillary can decide that SAP information isn't classified?
I'm saying that the law leaves that definition up to the Executive Branch, and the president leaves it up to each Department secretary for his or her own Department.
As well, yes, each Department secretary is the Original Classifying Authority for his or her own Department and determines the classification of documents originating from his or her Department.
The only proper place of custody for SAP material is a closed government network.
That's up for each Department secretary to decide. Agencies such as the Defense Intelligence Agency do the footwork to determine the best advice for the Department secretaries, but the Department secretaries are not under the authority of the DIA (which is only a sub-agency of the Department of Defense), and the Department of State is not under the authority of the Department of Defense.
That's up for each Department secretary to decide. Agencies such as the Defense Intelligence Agency do the footwork to determine the best advice for the Department secretaries, but the Department secretaries are not under the authority of the DIA (which is only a sub-agency of the Department of Defense), and the Department of State is not under the authority of the Department of Defense.
It has been determined that materiel graded as SAP was on her server. You realize this is going to involve things like black ops, nuclear matters, NATO communications etc. You can read the letter yourself here:
I'm saying that the law leaves that definition up to the Executive Branch, and the president leaves it up to each Department secretary for his or her own Department.
Then why hasn't Hillary come forward, and told us all that her server was a "proper place of custody", and this would have all been over last fall?
It has been determined that materiel graded as SAP was on her server. You realize this is going to involve things like black ops, nuclear matters, NATO communications etc. You can read the letter yourself here:
Other Departments have stated that they would have classified the material.
And I don't doubt that I'd consider it classified as well.
But the issue here is whether a successful prosecution can be made, and the fact is that Clinton was the Original Classification Authority of all documents originating in the State Department. Legally, it's irrelevant how other Departments classified the same information in their documents.
Then why hasn't Hillary come forward, and told us all that her server was a "proper place of custody", and this would have all been over last fall?
She has. Do you not think she had lawyers vet her actions there just as the DoD has lawyers to vet whether they're actions in war are legal?
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