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The question is simple. Is there enough evidence to indict Hillary Clinton for violation of various information security laws and/or lying to federal investigators about it?
The following is a list of facts determined by the FBI investigation of her use of a personal email server system to conduct government business:
https://www.fbi.gov/news/pressrel/p...lary-clintons-use-of-a-personal-e-mail-system
Law Involved w/links:
1. 18 U.S. Code § 793 (f): Gathering, Transmitting, or Losing Defense Information. https://www.law.cornell.edu/uscode/text/18/793
2. 44 U.S. Code § 3101: Records management by agency heads. https://www.law.cornell.edu/uscode/text/44/3101
3. 36 CFR 1236.22: Additional requirements for managing electronic mail records. https://www.law.cornell.edu/cfr/text/36/1236.22
NOTE: Gross Negligence does not require intent to cause harm. Only what the person was thinking at the time of the activity and/or what a reasonable person under similar circumstances would have done.
The following is a list of facts determined by the FBI investigation of her use of a personal email server system to conduct government business:
1. 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification.
2. Secretary Clinton periodically deleted e-mails or e-mails were purged from the system when devices were changed. Because she was not using a government account—or even a commercial account like Gmail—there was no archiving at all of her e-mails.
3. It is also likely that there are other work-related e-mails that they (Clinton's lawyers) did not produce to State and that we did not find elsewhere, and that are now gone because they deleted all e-mails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery.
4. There is evidence that they (Clinton and email associates) were extremely careless in their handling of very sensitive, highly classified information...seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received... There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation.
5. None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.
6. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.
7. Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case...All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.
https://www.fbi.gov/news/pressrel/p...lary-clintons-use-of-a-personal-e-mail-system
Law Involved w/links:
1. 18 U.S. Code § 793 (f): Gathering, Transmitting, or Losing Defense Information. https://www.law.cornell.edu/uscode/text/18/793
2. 44 U.S. Code § 3101: Records management by agency heads. https://www.law.cornell.edu/uscode/text/44/3101
3. 36 CFR 1236.22: Additional requirements for managing electronic mail records. https://www.law.cornell.edu/cfr/text/36/1236.22
NOTE: Gross Negligence does not require intent to cause harm. Only what the person was thinking at the time of the activity and/or what a reasonable person under similar circumstances would have done.