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The FBI Recommends Not To Indict Hillary Clinton For Email Misconduct (theverge.com)

FBI Director James Comey says that his agency isn't recommending that the DOJ pursue charges against Hillary Clinton for setting up a private email server as Secretary of State. At a press conference on Tuesday, Comey added that while there is "evidence of potential violations of the statutes regarding the handling of classified information," they think that "no reasonable prosecutor would bring such a case." The Verge reports:The recommendation is the result of a painstaking investigation by the bureau, which uncovered a number of new details. The investigation found 110 emails in 52 email chains were determined to contain classified information, including 8 chains contained information that was marked as top secret at the time, Director Comey said. Secretary Clinton used several different email servers and numerous mobile devices, and many of those servers were decommissioned and otherwise altered as they were replaced.

120 of 1,010 comments (clear)

  1. Its official, the FBI has become a joke. by Anonymous Coward · · Score: 5, Insightful

    So intent is now needed to be prosecuted for a crime? Good to know. As long as I dont intend to commit that crime, I wont be prosecuted. I have never seen america so corrupt in my life. I am so disappointed in the FBI and ALL OF IT AGENTS that would allow this to happen.

    FBI AGENTS: You have officially become a joke to the rest of the world. Dont expect any respect from any of us anymore.

    1. Re:Its official, the FBI has become a joke. by tepples · · Score: 4, Informative

      So intent is now needed to be prosecuted for a crime?

      Mens rea is part of due process for imprisonable crimes. The only crimes without a mens rea requirement are strict liability offenses whose penalty is a fine, such as traffic violations.

    2. Re:Its official, the FBI has become a joke. by phantomfive · · Score: 2

      FBI AGENTS: You have officially become a joke to the rest of the world. Dont expect any respect from any of us anymore.

      What does that even mean?

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Its official, the FBI has become a joke. by Zelucifer · · Score: 5, Informative

      Mens rea is part of due process for imprisonable crimes. The only crimes without a mens rea requirement are strict liability offenses whose penalty is a fine, such as traffic violations.

      Incorrect. There are a number of strict liability crimes that have significant jail sentences. The most common of which is statutory rape. A number of crimes relating to classified documents are strict liability as well.

      --
      The corner of a round room
    4. Re:Its official, the FBI has become a joke. by ScentCone · · Score: 5, Informative

      Mens rea [wikipedia.org] is part of due process for imprisonable crimes. The only crimes without a mens rea requirement are strict liability [wikipedia.org] offenses whose penalty is a fine, such as traffic violations.

      National security matters, such as those defined by espionage-related statutes, are specific exemptions to that concept. Mere negligence is enough to make you a felon. The FBI describes Clinton's deliberate actions as "extreme carelessness" - which is deliberate hair-splitting designed to avoid the word "negligence" EXACTLY because that would demand criminal prosecution.

      --
      Don't disappoint your bird dog. Go to the range.
  2. Of course not. by ScentCone · · Score: 4, Insightful

    The FBI was careful to point out that Hillary was "grossly negligent," and exposed classified and top-secret documents to hostile foreign powers, and mentions that people who do such things face punishment (as long as they're not Hillary Clinton). But he's leaving it up to Loretta Lynch to determine which punishment is appropriate. That's Loretta Lynch, fresh from her half hour "bumping into" Hillary's husband in her private plane the other day. Nothing to see here, just move along.

    Oh, and if you're wondering about the FBI's sprawling, ongoing corruption investigation of Bill and Hillary's family business as it raked in millions of dollars from foreign government with business before her as Secretary of State, that's still in progress. Under Loretta Lynch's watch, of course.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Of course not. by jklovanc · · Score: 5, Informative

      On July 2 Lynch stated that she would follow the FBI's recommendation on whether or not to prosecute Clinton. The FBI is recommending no indictment so none will occur.

  3. It's bullshit is what it is by Anonymous Coward · · Score: 4, Insightful

    The FBI indicated that they DID find classified material, with markings, in the emails that were on the server. But that it was there "without intent" whatever that means.

    As someone with a clearance, one thing that gets drilled into your head through constant reminders is that carelessness with classified material is NOT an excuse. That if you accidentally leak classified information through simple negligence, you are as guilty as someone who does it intentionally.

    Well, guess what. Clinton accidentally leaked classified information to third party governments through known negligence.

    But she won't be charged.

    This is just beyond bullshit for the FBI. We can only hope that Wikileaks steps up and really does have the evidence to prove the FBI is refusing to do their damned jobs.

    1. Re: It's bullshit is what it is by Anonymous Coward · · Score: 2, Informative

      If the material was portion marked, that's prima facie intentional mishandling of classified material. It's not just negligence.

    2. Re:It's bullshit is what it is by ScentCone · · Score: 3, Informative

      Indeed. I have many friends with clearances, some quite elevated, and their hair is absolutely on fire over this. They'd all be, at the very least, beyond redemption and at the end of their careers if they'd done half of what Clinton did. And she's smiling and lying about it, which her supporters just LOVE.

      --
      Don't disappoint your bird dog. Go to the range.
  4. No 'clear evidence' by rockabilly · · Score: 4, Insightful

    From CNN's site:

    No 'clear evidence' Clinton intended to violate laws.

    Gee, I guess we could use that same statement on just about every rule we intend not to break. So much for rule of law.

    1. Re:No 'clear evidence' by Straif · · Score: 5, Informative

      The problem is for the statutes she was accused of violating there is no distinction between intent and negligence. Merely being aware of the existence of her server was technically a violation of the statues if not reported let alone being an active participant in their use. Then of course their is the know cases of document destruction which itself violates several statues.

      Comey even went so far as to say that anyone else in the same situation as Clinton would most likely face sanctions but that they weren't suggestion any against Clinton simply because "no reasonable prosecutor would bring such a case".

      --
      Of course that's just my opinion...... you could be wrong!
  5. Re:And she gets away with it... by tripleevenfall · · Score: 5, Insightful

    It was obvious that they would never indict her. She's too big to jail.

    Hopefully what the public remembers about this is that if an enlisted man did exactly what she did, he'd be in Leavenworth.

  6. Re:that's because clinton will outlawyer them by Anonymous Coward · · Score: 5, Insightful

    with her money she'll hire the best legal team out there and litigate the case until she dies of old age

    Fine. I'd rather the corrupt bitch sit in a courtroom rather than the White House.

  7. I don't support Trump. by laserhead · · Score: 5, Informative

    I don't support Trump. But Hillary should be indicted. If not, that just show how broken the legal system is.

  8. It's good to be king by liquid_schwartz · · Score: 4, Insightful

    or in her case Queen. We are not a nation of laws applied equally, clearly some animals are more equal than others. While this may have been true in practice for some time, it's now being brazenly displayed.

    1. Re:It's good to be king by Straif · · Score: 4, Informative

      According to the statues there is no difference between negligence and intent so yes, except for volume, Clinton and Snowden were in violation of most of the same statues concerning classified materials. Snowden may have extra charges related to the means he used to extract the data and some actions he took afterward but the underling violations concerning the data itself are the same.

      --
      Of course that's just my opinion...... you could be wrong!
  9. Re:I think this means Trump by jittles · · Score: 5, Insightful

    the only people who seem to care about this case are trump supporters. his poll numbers are down which is why i'm seeing the memes on my facebook feed from trump supporters

    I care about this because I used to be a DoD contractor and know that I would be in Federal Pound Me In The Ass Prison already if I did the exact same thing.

  10. Re:And she gets away with it... by tnk1 · · Score: 5, Interesting

    Yes, the FBI director basically said, "She probably broke laws, was definitely extremely careless, but no one in their right mind is going to want to prosecute *her*.

    Now, don't get me wrong, if I didn't know to what extent that they'd prosecute anyone else who wasn't someone in her lofty position, I might think they were trying to throw her in jail for jaywalking too.

    I don't want to have a presidential candidate nixed for something relatively minor, but at the same time, I don't want them getting off scot free for something that would cause anyone else to be in fairly major trouble.

    Unfortunately, this campaign comes down to either electing someone who represents everything wrong with the status quo, or the guy who represents everything that could go wrong with trying to change the status quo. I am thoroughly not looking forward to the next four plus years.

  11. Re:I think this means Trump by MightyMartian · · Score: 2, Insightful

    No, it won't, because it's not likely to end up being a closely contested election. Trump is a fucking retard who can't even fundraise properly. Clinton's election machine so outguns Trump's that it's almost like Trump is a third party candidate, and with the GOP now pretty iffy on fully backing him, his goose is as good as cooked. Their aren't enough Mexican-hating white men out there to save Trump.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  12. Suicide by politician by Anonymous Coward · · Score: 5, Insightful

    Defying Clinton is probably as lethal as defying the mob. I know I'd be in Leavenworth if I did what she did. In fact, we were specifically directed to not send any confidential messages to private email servers; doing so with secret or top secret is asking for a trip to leavenworth ... if you're not above the law.

    1. Re:Suicide by politician by Mashiki · · Score: 5, Informative

      Yep. See other examples like this navy reservist.

      Key points: FBI search of Nishimura's home turned up classified materials, but did not reveal evidence he intended to distribute them. He was sentenced to two years of probation and a $7,500 fine, and was ordered to surrender his security clearance. He is barred from seeking a future security clearance.

      Or Petraeus who got 2 years probation along with a $100k fine. And that's just the tip of the iceburg for people who've been caught doing exactly the same thing as she did.

      But you're right, defying Clinton is like defying the mob. Ask this guy who just happened to "crush his own throat" right before testifying. Then there are all those other mysterious deaths, and so many of those.

      --
      Om, nomnomnom...
    2. Re:Suicide by politician by DaHat · · Score: 4, Insightful

      How about Kristian Saucier? http://www.navytimes.com/story...

    3. Re:Suicide by politician by K.+S.+Kyosuke · · Score: 3, Funny

      Prosecuting high-level political candidates (especially in "something bad could have happened but didn't" cases) doesn't exactly sound like a non-controversial action. Regardless of whether you think it's justified or not.

      --
      Ezekiel 23:20
    4. Re:Suicide by politician by OhPlz · · Score: 2, Insightful

      Police in general are tasked with protecting society and they leverage laws to their advantage to do this task. Enabling Trump is hardly what I would call "protected society".

      Laws don't matter and neither does your vote. That's basically what you're suggesting, right?

    5. Re:Suicide by politician by Anonymous Coward · · Score: 2, Informative

      Not only that, I have a clearance and I was briefed that I was not to look at any leaked emails I might happen to find online. If I did, I would violate my security clearance and suffer dire consequences (loss of security clearance up to prosecution). This is on both company and private computers. Your average uncleared person faces no such punishment.

      What's ironic is I would be punished more harshly than her - when she was responsible for the mishandling the classified info in the first place.

      Now the big question is:

      Since she has an obvious pattern of mishandling classified info, will she have her security clearance revoked, and will they deny her one in the future?

      (Posting as AC for obvious reasons)

    6. Re:Suicide by politician by mrchaotica · · Score: 5, Interesting

      If they indicted Clinton in any way, it could effectively clear the path for a Trump win, which will be a lot worse for society.

      On the contrary; it would clear a path for Sanders to become the Democratic nominee, and in a Sanders vs. Trump election, Sanders would win.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Suicide by politician by CrimsonAvenger · · Score: 5, Insightful

      "something bad could have happened but didn't"

      I'm assuming you have some evidence that "something bad did not happen"? So, what else have the Chinese, Russians, and North Koreans let you in on? I mean, if they'd been reading her emails, that would qualify as "something bad", right?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:Suicide by politician by Mashiki · · Score: 4, Insightful

      Yes. Politicians shouldn't be held to the same or higher standards then those who've done the same thing right? I realize that this is difficult for ideologues to grasp, but she screwed up in an amazing way and didn't even get a slap on the wrist for it. Where others have done less then her, and are spending time in jail or long probation periods+fines.

      P.S. If you know so much and what actually went on, you should be contacting the FBI.

      --
      Om, nomnomnom...
    9. Re:Suicide by politician by Mashiki · · Score: 3, Interesting

      Like I said, one of many. That she got off without even a slap on the wrist tells me that there is far more going on behind the scenes, and likely huge piles of dirt on those who would have prosecuted her.

      --
      Om, nomnomnom...
    10. Re:Suicide by politician by Maxwell · · Score: 2, Informative
      Except none of those are even close to "exactly the same thing". As SoS she created classified material as part of her job. She wasn't caught downloading other peoples classified material (navy reservist) ,or hiding other peoples classified material in her garage (nishimura), or crazy cyber stalking love triangles (patreaus).

      30,000 work emails, 110 were classified, another 30,000 personal email none classified...peanuts. There is nothing there to prosecute on.

      You guys need a new witchunt - quick! Is there more Benghazi inquires lined up? The first seven haven't turned up anything, but lucky #8 could be the one!

    11. Re:Suicide by politician by TomGreenhaw · · Score: 4, Informative

      I thought Petraeus intentionally gave access of clearly marked classified information to his reporter girlfriend. How is that the same thing? I looked at Nishimura's case and that was another blatant intentional misuse of clearly marked classified information.

      No question, Hillary Clinton should not have operated a private email server as Secretary of Sate, but "people who've been caught doing exactly the same thing as she did" is factually incorrect.

      --
      Greed is the root of all evil.
    12. Re:Suicide by politician by Anonymous+Cow+Ward · · Score: 2, Insightful

      110 classified emails stored improperly; each of those could be grounds for prosecution. The fact that there were also lots of work and personal emails there means nothing. It's completely irrelevant.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
    13. Re:Suicide by politician by CaptainDork · · Score: 3, Funny

      We're sorry.

      While we would like to go off on this tangent, we're not able to participate because we are still investigating Obama's birth status and stuff.

      --
      It little behooves the best of us to comment on the rest of us.
    14. Re:Suicide by politician by tbannist · · Score: 2, Insightful

      Indeed, the "people who've been caught doing exactly the same thing as she did" were Condoleezza Rice and Colin Powell and I haven't heard of anyone asking for them to prosecuted for these "crimes".

      --
      Fanatically anti-fanatical
    15. Re:Suicide by politician by ScienceofSpock · · Score: 4, Informative

      But you're right, defying Clinton is like defying the mob. Ask this guy who just happened to "crush his own throat" right before testifying.

      Except that none of that is true. His trial wasn't starting in 5 days and he wasn't scheduled to testify against Clinton at all.

    16. Re:Suicide by politician by TsuruchiBrian · · Score: 2

      There is definitely something there to prosecute on if they wanted to. They are allowed to use discretion and have recommended against prosecution (to the DoJ).

      When you agree to the rules associated with security clearances, you are told all the things you *may* be punished for, and what those punishment's *may* be (e.g. fines, prison time, etc). They don't say that you *will* be punished for breaking the rules. You might be someone that the government doesn't really want to punish for whatever reason.

      There is no doubt that a lot of republicans want her to be indicted for political reasons. That doesn't change the fact that what she did was a violation of the rules that *could* have been used to support an indictment if the government wanted to indict her. (i.e. as opposed to the scenario where she actually didn't do anything wrong, and the government would have no grounds to indict her even if they wanted to).

      When law enforcement decides to let you go, because they consider you a fuck up rather than a bad guy, it doesn't mean that you were innocent. It just means you are lucky that they have discretion.

    17. Re:Suicide by politician by acrimonious+howard · · Score: 2, Interesting

      Maybe they could be, but do we need to waste so much resources on this kind of legal witch hunt? The Iraq war has caused over 1 million deaths. Collin Powell and Condoleezza Rice used private accounts for classified emails. Did they suffer, in any way, for using private, hackable email? I don't care. I'd rather our resources be used investigating how we got into the Iraq war, who profited from it, what laws were broken, what can be corrected so future mistakes like that aren't made. My point is scale. 1 million deaths matters more than almost anything else I can think of, and the war has had more consequences than just the deaths. You can talk about an email server all you want (of course I agree mistakes were made and should be corrected, and it looks like they will), but in the bigger picture, this whole thing is completely irrelevant.

    18. Re:Suicide by politician by TsuruchiBrian · · Score: 2

      They weren't "crimes" when Rice and Powell were in office. Furthermore, Powell (not sure about Rice) used his state email account. The reason he *had* a personal account was because at the time, state email couldn't be sent to non-state addresses. Hillary Clinton had the ability to exclusively use her state email account for everything she did, but chose to have a separate email server instead. This means that ALL her emails (even internal ones) wouldn't be accessible by FOIA requests.

      Saying that Colin Powell did the same thing is completely ridiculous.

      What I don't here anyone saying is "I would feel exactly the same way if it turned out that Republican was caught doing this." It is quite clear to me that there are a mountain of people on either side either supporting or opposing Hillary based on political ideology rather than principle.

      I on the other hand am not a partisan. I supported impeaching Bush. I think the Benghazi hearings were a witch hunt. But the belief that Hillary did nothing wrong or that she was only doing what her predecessors did is just wrong.

    19. Re:Suicide by politician by ScentCone · · Score: 2

      Other than the part where that's not true. Rice and Powell didn't traffic in over a hundred classified (and even top secret) documents in their personal mail, and they didn't destroy thousands of emails instead of turning over their records as they left office, as they were supposed to do. The crimes you're fussing about didn't happen until Hillary did them.

      --
      Don't disappoint your bird dog. Go to the range.
    20. Re:Suicide by politician by TomGreenhaw · · Score: 2

      Nope, it's actually mind boggling of what the Clinton's have been accused of. Most of it is dirty politics, some of it is seems suspicious based on news reports and the rest that seems to have stuck is embarrassingly amusing...

      It was with great reluctance that I spoke up on a topic like this, but if we are going to accuse somebody of something let's get the facts. I think the FBI is better qualified to get the facts than I am. For all I know, this could be an elaborate disinformation campaign with a honeypot gone horribly wrong.

      Frankly, how is any of this "News for nerds"? This would be a good place to discuss email server security and what they got wrong. I for one would have been scared shitless to manage a Microsoft Exchange server for the US Secretary of State. It would be interesting to see experts weigh in on if/how you could do that job correctly assuming it was legal. Better yet, how about a discussion on forensic analysis concerning the veracity of claims that foreign governments actually got something.

      IMHO Slashdot is not a proper forum for us to vent our political gripes.

      --
      Greed is the root of all evil.
    21. Re:Suicide by politician by K.+S.+Kyosuke · · Score: 2, Funny

      Lots of people screw things up and don't get slapped on the wrist, but doing this to a presidential candidate right before the elections is as much fishy as not doing this to a presidential candidate right before the elections. I know it must feel to you that this sucks, but even immunity for members of parliaments exists for a reason. Likewise, members of the intelligence community haven't been exactly happy about Trump being given access to sensitive information either. What do you suggest, telling both parties to scrap their candidates and start anew?

      --
      Ezekiel 23:20
    22. Re:Suicide by politician by Dare+nMc · · Score: 5, Insightful

      Don't all of those articles support the Clinton decision? The lawyers in each of the cases basically say, the normal punishment: "almost always dealt with through what the military calls "nonjudicial punishment" or Captain's Mast. Those involved were demoted and docked some pay, but didn't face a felony record or the prospect of years behind bars, the retired sailor said."

      Petraeus was trading confidential information for considerations, nothing of the same was shown for Hillary. In both of the military examples the people were shown to have lost control of the information because those who shouldn't have had access, did access the information, that couldn't be shown for Clinton. For her another had access, but found no evidence anyone accessed any information they weren't allowed.

    23. Re:Suicide by politician by ScentCone · · Score: 2

      The ONLY reason this is happening "to" Hillary Clinton right now is because she deliberately stonewalled and dragged her feet for YEARS in doing what she was legally obliged to do in the first place. ALL of her public records were supposed to be turned over to State archivists the day she left the job. She waited years (under subpoena pressure), and then deleted thousands of her work-related emails, avoiding the obligation to turn them over even when under direct scrutiny. Stuff she deleted is still coming out of the woodwork. She is 100% to blame for any of this being an issue in the first place, and then spent a couple of years playing hard to get and lying about it at every opportunity. If this is uncomfortable for her and her party with the timing in question, she is entirely responsible. It's all her. And her party, who knew all of this, are responsible for putting her forward as their candidate.

      --
      Don't disappoint your bird dog. Go to the range.
    24. Re:Suicide by politician by ScentCone · · Score: 2
      Nice cherry-picking, there. She was supposed to turn over ALL of her work-related records on the day she left the job. She deliberately chose not to. Under subpoena pressure, after years of stonewalling, she went through all of them, deleting tens of thousands of records ... including thousands that have since been recovered by the FBI, which were work-related, and which she said didn't exist. In the mix of what's on record (we'll never know about tens of thousands of others) were dozens of classified and even top-secret documents left exposed on an unsecure, internet-connected computer in her house ... all for her own "convenience," as she explains it. You think it's a "witch hunt" when Obama's own FBI is alarmed enough about her "extreme carelessness" (their words) with classified information that the administration puts over 100 agents on the matter?

      There is nothing to prosecute on.

      There is only the difference between "extreme carelessness" and "negligence" that separate her from merely having her years of lying exposed (which just happened) and being indicted.

      --
      Don't disappoint your bird dog. Go to the range.
    25. Re:Suicide by politician by overshoot · · Score: 2

      Under 18 U.S. Code 1924. She also violated several portions of the CFR, which generally wouldn't carry a possibility of prison, but would justify fines and loss of security clearance.

      OK, so here's the cited USC, with undefined portions highlighted:

      (a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.

      (c) In this section, the term âoeclassified information of the United Statesâ means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.

      The passive voice tends to hide the fact that "has been classified" dodges the question of whose authority (Congress, the President, the Director of the CIA, the Director of the NSA, the Secretary of the Interior, the head of the Forest Service etc.) did the classification. However, it's patently silly to give a low-level clerk the power to render the President of the United States in violation of the law so there has to be more than passive voice involved somehow. So, for instance, how do the highlighted "authorizations" and "determinations" happen?

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    26. Re:Suicide by politician by Theaetetus · · Score: 2

      Don't all of those articles support the Clinton decision? The lawyers in each of the cases basically say, the normal punishment: "almost always dealt with through what the military calls "nonjudicial punishment" or Captain's Mast. Those involved were demoted and docked some pay, but didn't face a felony record or the prospect of years behind bars, the retired sailor said."

      Petraeus was trading confidential information for considerations, nothing of the same was shown for Hillary. In both of the military examples the people were shown to have lost control of the information because those who shouldn't have had access, did access the information, that couldn't be shown for Clinton. For her another had access, but found no evidence anyone accessed any information they weren't allowed.

      Look up CIA Director John Deutch.

    27. Re:Suicide by politician by Rakarra · · Score: 2

      Collin Powell and Condoleezza Rice used private accounts for classified emails

      Rice, for some reason, was not a habitual email user. Nor was Madeleine Albright.
      Colin Powell did have a personal email address, but that is not the same thing as a private email server in her home. Two different things.

    28. Re:Suicide by politician by another_twilight · · Score: 3, Insightful

      Snopes quotes sources and gives reasons for the conclusions that are drawn. While that may not be a terribly high bar, it's usually more than those who "bring[s] up any of the 'holes in the matrix'".

      I love how people quote that bullshit site like it's the fucking Encyclopedia Britannica

      It's a starting point. Usually conversations run something like "Outrageous Claim!", "Counterpoint - link to Snopes" ... followed by silence or claims that Snopes lacks rigor, lacks authority, is itself part of the conspiracy etc. If Snopes is such "garbage" it should be reasonably simple to refute but I rarely see challenges to the conclusions Snopes draws based on evidence or analysis. Just breathless accusations.

      You seem to be claiming that people use Snopes as an appeal to authority, and then attack Snopes 'authority'. Which is kind of an ad hominem. I read the Zero Hedge link and then the Snopes link. One quotes similar sites, the other references court documents, interviews officials and attempts to show why and how misinformation was used to create the 'story'. Clear 'win' to Snopes. Burden of proof back to original claim.

      it's a webpage run by some guy

      Yup. It's credibility would ... double! if only more than one person was involved in writing the articles.

      Now, would you mind telling me why I should believe the claims of Zero Hedge (that Ashe was killed as part of a Clinton coverup) when Snopes pretty clearly (to me) explains how the cause of death was misreported and how that was used to create the accusation the Zero Hedge promotes? If you could also address the discrepancy between the claims Zero Hedge makes (that Ashe was due to testify in a case against Clinton) and the court documents and clarification from the US District Attorney's office, with a similar (or better) standard of evidence, then I'll happily concede the point. Until then, your assertion that Snopes is garbage seems unfounded.

  13. Re:And she gets away with it... by roman_mir · · Score: 5, Insightful

    It was obvious that they would never indict her. She's too big to jail.

    - true that. Maybe she needs to be broken up into a number of smaller Hillaries, each one just small enough that it can be jailed.

    Comey added that while there is "evidence of potential violations of the statutes regarding the handling of classified information," they think that "no reasonable prosecutor would bring such a case." The Verge reports:

    - so while a crime was committed, no reasonable prosecutor would bring up such a case.

    What Comey means by this is that no prosecutor in his right mind would attack Hillary regardless of what she does. She could kill a man on camera and no reasonable prosecutor would attack her, they would probably declare it a "victory for the women's movement".

  14. For the two people still out there by nehumanuscrede · · Score: 2

    that need any evidence to show laws are only in place for the masses and not the rulers, this should fit the bill quite nicely.

    The corruption of our government is so engrained now it will be impossible to remove without destroying its host.

    It's become a cancer you no longer wish to fight because you've realized you're only prolonging the inevitable.

    Hopefully, the end comes quickly.

  15. At what point... by Last_Available_Usern · · Score: 5, Insightful

    Seriously, at what point does gross negligence become criminal? That's the real question. Even if it doesn't, as someone who works in a classified environment I can tell you that if I did this, I would be fired, lose my clearance, and most certainly never be granted another. I find this whole charade pretty upsetting.

  16. Happens all the time in the private sector by ErichTheRed · · Score: 4, Insightful

    Just like the FBI said, she was grossly negligent especially considering the rules about archiving and secrecy...but it happens way too frequently in the "real world" of business for me to be surprised. No executive I have ever seen has had to follow any sort of IT rules. Anything that gets in their way is magically removed.

    I did a lot of desktop support in my early career, and am still connected to that world because my specialty is end user computing and end user systems management. The facts are as follows -- every executive, senior VP or above in large companies, has a different set of IT rules than the rest of us:
    - Almost every executive I've encountered has no password, no drive encryption or other protection on their machines. Either that, or they have Zuckerberg style "dadada" passwords and need special exemptions carved out of the corporate password policies to deal with it.
    - Almost all of them forward their emails to personal accounts so they can get their emails on whatever flavor-of-the-week consumer device comes out.
    - 99.9% of them let their secretaries send and receive their email by giving them their password. Same goes for executing transactions.
    - Before iOS and Android got good Exchange integration and full MDM, it was extremely common to have "basement email servers" -- sometimes they were in the data center, and sometimes they really were in the exec's basement. We don't need that anymore, but I can imagine the State Department's IT people aren't exactly early adopters especially concerning communications.
    - Tons of support time is spent getting whatever crazy computer, tablet, smartphone, Amazon Echo, game system, etc. connected to the company network and functioning -- stuff that the "little people" would never be allowed to use.

    The point is that all executives bend the rules, and the IT staff allow them to because they like being paid. In my mind this is no different...Clinton was essentially the CEO of the State Department. Would you tell your CEO that he wasn't able to access his email from some unsecure consumer laptop on his private jet?

    1. Re:Happens all the time in the private sector by Solandri · · Score: 2

      Private sector companies have competition (or at least the government tries to keep it that way). If they do something stupid, it gives their customers a reason to flee to the competition. Your company's very survival is at stake when an owner or executive flaunts security rules.

      The government by definition has no competition. So there are no disincentives for flaunting security rules since the government can't cease to exist (well I suppose there's popular revolution, but those are few and far between). Because of the lack of such disincentives for government actors, you have to create your own in the form of laws governing behavior.

    2. Re:Happens all the time in the private sector by Chris453 · · Score: 5, Insightful

      Would you tell your CEO that he wasn't able to access his email from some unsecure consumer laptop on his private jet?

      Yes, because there are laws regarding what you can and more importantly CANNOT do in government that don't apply to the private sector. Besides being potentiality classified, official government emails are official records and have to be treated as such so that us lowly citizens can use the freedom of information requests to see them. Now that she got away with this, what is to stop the head of every government organization from breaking the law and keeping their email on their own servers? Servers they control and can wipe before evidence of other crimes can come to light.

    3. Re:Happens all the time in the private sector by Straif · · Score: 2

      The SoS can only declassify materials originating withing the State Department itself. They have no authority to declassify any material originating within any other government agency or foreign source which was why when this first started up there was a parade of State Dept. personnel going to each other federal agency pleading for them to declassify their data to cover for Hillary. As far as I know, none of the other agencies complied.

      --
      Of course that's just my opinion...... you could be wrong!
    4. Re:Happens all the time in the private sector by Tom · · Score: 2

      The point is that all executives bend the rules, and the IT staff allow them to because they like being paid.

      That's not the reason.

      The reason is that top-level management already does carry the risk for things going sideways. It's the difference between being a passenger and being the driver - yes, different rules apply because one is in charge of the machine.

      The point that needs change is not that executives have special rules, but that in reality they are often not held responsible when basically their entire job is being responsible.

      Would you tell your CEO that he wasn't able to access his email from some unsecure consumer laptop on his private jet?

      No, I would tell him to please sign this paper that says he was made fully aware of the risks and is accepting them. My job is to be his advisor, not his nanny.

      Disclaimer: That actually is my job.

      --
      Assorted stuff I do sometimes: Lemuria.org
  17. Re:So find an unreasonable one by sycodon · · Score: 5, Insightful

    So what did they find?

    1. She and her aids were careless in handling classified information.
    2. There is evidence of potential violations of the statutes.
    3.110 emails in 52 separate chains had been determined to contain classified information “at the time they were sent or received.” Of those, he continued, eight included “Top Secret” information, while 36 chains had “Secret” information at the time it was received, while eight contained “Confidential” information, the lowest level of classification.
    4. Participants who know or should know that the subject matter is classified are still obligated to protect it.
    5. You or I would be in big trouble -"To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions"

    So Questions:

    1. Will she face ANY sanctions of any kind?
    2. If WE would lose security clearance, will she?
    3. Can someone be President if they are not cleared to see 90% of what crosses their desk?

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  18. Re:that's because clinton will outlawyer them by known_coward_69 · · Score: 2

    same thing with general petraeus. if it was a peon they would have gone to jail. he showed classified info to his mistress and got a slap on the wrist

  19. Re:I think this means Trump by LichtSpektren · · Score: 4, Informative

    I don't even work for the government, much less top-secret info and assassination targets, and I would be fired if I used my personal email to do company business.

  20. Re:And she gets away with it... by Anonymous Coward · · Score: 5, Insightful

    My poor American friends. Your choice of candidates comes down to one that is criminally negligent and the other who is a narcissistic psychopath. Good luck.

  21. Re:So find an unreasonable one by Anonymous Coward · · Score: 5, Informative

    You forgot one:

    6: Evidence was found that several statutes were violated.

  22. Anyone surprised? by supertrooper · · Score: 2

    Gross negligence? This does not require intent. In any case, Trump is right about one thing (not much else): the system is rigged. We are being trained not to expect any consequence for those in power.

  23. Re:And she gets away with it... by internerdj · · Score: 5, Funny

    At least tell us which candidate is which.

  24. What else did you expect? by __aaclcg7560 · · Score: 2

    Nothing to see here, move along.

  25. Prison for this not likely for anyone by Maxo-Texas · · Score: 5, Informative

    http://www.prisonpolicy.org/re...

    There isn't even an entry for people who were sent to prison for being careless about top secret security clearance.

    The most likely occurrence for being sloppy would be a reprimand and extra training classes.

    People are prosecuted for intentionally releasing top secret material to enemies or to the public.

    People are not prosecuted for being careless or incorrectly configured servers.

    It is not true that "anyone but hillary" would do prison time for what happened here. They would get butt hurt and it might even hurt their career (and might get them fired and their clearance withdrawn) but federal prosecution for all practical purposes does not occur in this kind of situation.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:Prison for this not likely for anyone by Theaetetus · · Score: 2

      http://www.prisonpolicy.org/re...

      There isn't even an entry for people who were sent to prison for being careless about top secret security clearance.

      The most likely occurrence for being sloppy would be a reprimand and extra training classes.

      People are prosecuted for intentionally releasing top secret material to enemies or to the public.

      People are not prosecuted for being careless or incorrectly configured servers.

      It is not true that "anyone but hillary" would do prison time for what happened here. They would get butt hurt and it might even hurt their career (and might get them fired and their clearance withdrawn) but federal prosecution for all practical purposes does not occur in this kind of situation.

      In December 1996, CIA Director John Deutch resigned after it was discovered that he had stored highly classified documents on his home computer, which was connected to the Internet.
      After a criminal investigation, Deutch agreed to plead guilty to a misdemeanor and pay a $5,000 fine. But before the prosecutors could file the papers in federal court, President Bill Clinton pardoned him on his last day in office.

  26. sigh by argStyopa · · Score: 5, Insightful

    "...The investigation found 110 emails in 52 email chains were determined to contain classified information, including 8 chains contained information that was marked as top secret at the time, ..." ....in the emails that had ALREADY BEEN THOROUGHLY SCRUBBED before 'handing them over' to the FBI.

    Sic Transit Gloria Republica, 2016 Anno Domini..

    --
    -Styopa
  27. Translation by bobmajdakjr · · Score: 4, Insightful

    The DOJ is not recommending you do anything that could possibly leave Trump running unopposed.

    1. Re:Translation by Anonymous Coward · · Score: 3, Informative

      Bernie has not technically withdrawn yet. So seeing the last of Hillary would mean it would be Bernie vs Trump.

  28. Incredibly Frustrating by 31415926535897 · · Score: 5, Interesting

    I have mod points, and I'm tempted to use them on this thread, but I think it's more important to comment. I must begin by saying I am not a Trump supporter. I hate the guy and do not plan to vote for him.

    That said, I am flabbergasted that the FBI basically said that Clinton broke laws, but because it wasn't intentional, they don't recommend charges. If you or I did that, we'd be in Federal PMITA Prison faster than you can say, "I'd like to speak to my lawyer." How many people have been found guilty in court with a reminder from the judge that "ignorance is no excuse."

    It is now crystal clear that there are two sets of laws in this country: one set that applies to us regular folk and another that applies (or doesn't, rather) to the elite.

    My guess is that, in the end, Joe Biden decided he didn't actually want to run for president this time around, or you can bet that the FBI and DoJ would come down hard on Clinton.

  29. "No reasonable prosecutor" by MalleusEBHC · · Score: 5, Insightful

    If DoJ prosecutors were reasonable, Aaron Swartz would still be alive today. Fuck this double standard.

  30. How to weaken an entire Nation. by geekmux · · Score: 3, Insightful

    This ruling was rather obvious to not indict a Clinton, which we knew was going to happen, based on the mafia strongarm tactics of BOTH Clintons "volunteering" to meet with Lynch within the last week (yeeeeah, not suspicious at all). More importantly, this ruling also weakens an entire Nation since it now helps set a precedent for anyone accused of mishandling data classified at the highest levels.

    Why punish anyone for mishandling classified data? If I were being accused, I would merely point to this entire Clinton case as my defense and wait for my slap on the wrist. Given the gravity of the violations the punishment should be devoid of any exceptions, and respectful of the black-and-white way that the government data handling policies are structured and written, which are applicable to anyone and everyone handling classified data. Her violations are black-and-white. The punishment should be too.

    And we have the unmitigated gall to sit back and point at other governments and call them corrupt? That's a laugh.

    1. Re:How to weaken an entire Nation. by petes_PoV · · Score: 4, Interesting

      It does not financially ruin people when they are armed with legal precedent

      Uh, huh. Except that hardly ever happens: In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial.

      For the overwhelming majority of people who come into contact with the "justice" system, to be accused is to be guilty.

      --
      politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  31. Translation: Guilty As !@#$% by PortHaven · · Score: 2

    Translation, Hillary Clinton was guilty as !@#$, and incurred numerous negligent violations. However, seeing as she is likely to be our boss next year, and the fact we value having our jobs, we have decided to recommend that charges not be pursued.

  32. Re:I think this means Trump by Fire_Wraith · · Score: 2

    It's not just Clinton though, this sort of thing is rife in the system. The difference between what happens to a low level analyst and someone at higher levels is several orders of magnitude in size, even before you add in the 'political ramifications' bit. Consider the difference between one person who leaks information because of a political agenda, and another who does the same. The first is a formerly faceless IT admin, the latter a General. The IT admin leaked information about questionable programs that involved potential spying on American citizens, with the intent to spark a conversation about those things. The latter leaked information proclaiming responsibility for an act of industrial espionage on another country that could have been considered an act of war, for motives I can only guess at - but happened to be a very high ranking individual, who even today hasn't been named or accused (though rumors have floated in the press). The first guy is in exile, the latter has suffered no public consequences at all (whomever they are).

    I can really only think of two high ranking individuals who were punished at all, the first being General Petraeus, the second being former National Security Advisor Sandy Berger. The punishment in both cases was a fine ($100k and $50k respectively) and two years' probation.

  33. Re:And she gets away with it... by shubus · · Score: 2

    Of course she gets away with it. The Clintons are running a vast worldwide criminal enterprise where money talks and even hints of prosecution would result in financial ruin and death threats. Clintons don't go to jail. Just wait and you'll hear nothing from the FBI career investigators---they've been silenced.

  34. The joys of absolute power by petes_PoV · · Score: 2

    no reasonable prosecutor would bring such a case.

    Especially when there's a 50:50 chance that she'd be in a position to rain down bucketloads of the brown stuff on any and every-one dumb enough to try it or who had any association (however remote) with the action.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  35. Laws are for little people by bradley13 · · Score: 5, Insightful

    The FBI, Comey elaborated, had found no example of a prior prosecution ever having been brought in a classified-information case that did not involve intentional mishandling of material, “vast quantities” of mishandled information, evidence of disloyalty to the United States, or efforts to obstruct justice." ... Comey also said that investigators had used forensic analysis to uncover “thousands” of work-related emails that were not among the group Clinton turned over to the State Department

    Deliberately setting up your own personal server is not “intentional”, more than 100 emails is not “vast quantities”, and thousands of emails that were required to be turned over, but were not, is not “obstruction of justice”. Nope, no sign of any crime, nothing to see here, move along...

    Under Barack Obama, a very brief search for people prosecuted for mishandling classified information brings up James Hitselberger, Stephen Jin-Woo Kim, John Kiriakou, Shamai Leibowitz, Bradley Manning, Jeffrey Sterling - and, of course, Edward Snowden, if only they could get their hands on him. Most view themselves as whistleblowers. Hillary, on the other hand, is just corrupt. So that's different, I suppose.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Laws are for little people by jklovanc · · Score: 2

      Found it. And here is the full quote you cherry picked from;

      Comey also said that investigators had used forensic analysis to uncover "several thousand" work-related emails that were not among the group Clinton turned over to the State Department for recordkeeping purposes in 2014; however, he said, there is no evidence that those emails were hidden intentionally rather than simply having been deleted in the normal course of business or simply missed when her lawyers were sorting her emails into work and personal files.

    2. Re:Laws are for little people by david_thornley · · Score: 2

      Deliberately setting up her personal server was intentional, but not itself criminal. A hundred emails is not a vast quantity, and the FBI couldn't find indications that they'd been transmitted to anyone not cleared for them. Failing to turn over emails isn't necessarily obstruction of justice.

      Snowden, in contrast, did handle vast quantities of classified material, did get it to people without clearance, and did it deliberately.

      Clinton was careless, not corrupt. The system is working, unless your idea of "working" is convicting people you don't like of crimes they didn't actually commit.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  36. Re:So find an unreasonable one by jimbolauski · · Score: 2

    1. Will she face ANY sanctions of any kind?

    She will be placed on double secret probation

    2. If WE would lose security clearance, will she?

    Elected officials are granted access to classified information even if their history would exclude an ordinary person. This happens with many members of congress with questionable pasts. I remember reading that Obama would not have been granted a TS clearance, due to his many associations with foreign nationals, drug use, and associations with domestic terrorists, had he been a regular person.

    --
    Knowledge = Power
    P= W/t
    t=Money
    Money = Work/Knowledge so the less you know the more you make
  37. Re:So find an unreasonable one by DaHat · · Score: 5, Informative

    A friend of a friend works in a rather sensitive area in Washington, I asked him once his opinion of this whole thing and his answer was rather telling: "If I ever brought my work home... I'd be in prison"

  38. Re:And she gets away with it... by MatthiasF · · Score: 4, Informative

    I think some context needs to be made in this regard (government email servers). Bush 43rd had every staff member use a private email server to avoid breaking several laws they were suppose to be following but never got prosecuted either.

    https://en.wikipedia.org/wiki/...

    Politicians can do whatever they want unless we hold them to the laws governing them. Doesn't matter which party they are in.

  39. Re:I think this means Trump by OhPlz · · Score: 2, Interesting

    We're not electing a fund raiser. Campaign donations to me are a negative anyway. Those are lot of connected individuals that expect to get something back in exchange.

  40. Re:FBI Director [Re:And she gets away with it...] by DaHat · · Score: 4, Insightful

    It appears most of the laws require "intent"

    For some things yes, however for plenty of others, only 'gross negligence' is required to convict her for multiple offenses under 18 U.S. Code 793 (f) based on what is publicly available months ago would have been easy even for a country prosecutor.

  41. Re:So find an unreasonable one by internerdj · · Score: 2

    If they charge her and rule that she can't have a security clearance, but she gets elected anyway or is already elected then they are going to be in a hell of a bind. If she meets the constitutional election criteria, the FBI shouldn't really be able to block it. She can't really serve as president without a de facto clearance. And they are open to serious reprisal if they do more than issue a stern warning to the president or presumptive president. The easiest play is to recommend nobody push for indictment.

  42. Re:So find an unreasonable one by gfxguy · · Score: 2

    And how is that a bad thing? The way I see it, someone convicted of manslaughter didn't "mean" to do it. They aren't pressing charges because.... Clinton didn't intend to violate the law? Yes, we're back to the oligarchy of the selected ones for whom the law doesn't apply.

    --
    Stupid sexy Flanders.
  43. Re:So find an unreasonable one by fahrbot-bot · · Score: 3, Informative

    If they charge her and rule that she can't have a security clearance, but she gets elected anyway or is already elected then they are going to be in a hell of a bind.

    It doesn't work that way. The executive branch ultimately decides who does and doesn't get a clearance.

    --
    It must have been something you assimilated. . . .
  44. Re:FBI Director [Re:And she gets away with it...] by fahrbot-bot · · Score: 2

    Please be just as generous in your portrayal of Clinton's Ethics / Lying when you decide to vote for her. MKAY?

    Or Trump.

    --
    It must have been something you assimilated. . . .
  45. Re:So find an unreasonable one by MachineShedFred · · Score: 4, Insightful

    Anonymous "they did it too!" excuse making on the Internet.

    If they did, where's the FBI investigation? Where's the proof?

    "They did it too" is not sufficient reason to exonerate anyone, but given evidence, enough reason to expand the scope of the probe. If you have any proof that "literally dozens of Republican senators and congressmen" have been playing fast and loose with classified secrets, name them and show that proof.

    Otherwise, you're just a standard full-of-shit AC.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  46. Re:LOL... by ErichTheRed · · Score: 3, Insightful

    I've never had a clearance, so this is interesting to me. What could they possibly do to someone who accidentally takes papers home, transfers files somewhere, etc.? It seems to me like prisons would be full of "data leakers" if this were the case. Snowden worked for Booz Allen Hamilton, so I assume those rules don't apply to contractors the same way they do actual federal employees.

    I have heard that truly top secret life-or-death material (weapons designs, espionage info, etc.) is way more tightly controlled than someone's email...as in you can only access it from within a Faraday cage on a disconnected computer with a guard watching over the entrance. But it would be interesting to hear how someone with a TS clearance deals with daily work life. Are things just stamped "top secret" as a routine, kind of like how every corporate email, presentation, document, etc. is "company confidential" whether it's the lunch menu or product source code?

  47. Re:And she gets away with it... by RoccamOccam · · Score: 4, Interesting

    Then vote for Gary Johnson. I know he's a (*gasp*) Libertarian. But, hell, it's time to overlook any of the relatively small issues that you may have with (*gasp*) Libertarians and start promoting someone who is not Hillary or Trump. He's the only candidate with even a small chance to save this election for everybody.

    Please, don't lecture me on the nearly non-existent chance for a third-party candidacy. There has never been a presidential election like this, so you can't go by historical precedent.

    I believe that Johnson will be on the ballot on all 50 states. If he can get just a bit of momentum, then he can get into the debates. If that happens, then who knows?

    Talk about Johnson - push for articles about Johnson - do something!

  48. Re:And she gets away with it... by phantomfive · · Score: 5, Informative

    Or, like Scott Gration, who was forced to resign by Hillary partly because he ran his own mail server.

    --
    "First they came for the slanderers and i said nothing."
  49. Re: And she gets away with it... by KenHansen · · Score: 2

    The email server used under Bush 43 was an RNC email server established to allow gov't officials to handle party business of of gov't servers. Are you going to argue that RNC and DNC officials should conduct party business on Gov't servers? That is illegal, just as campaigning from your office is (Greyson did this from his office, Gore solicited donations from his VP office, etc) - politicians set up private offices near their official offices to conduct party/campaign business. If the RNC was wrong for having a private RNC email server, wouldn't the DNC be wrong to conduct party business on gov't servers? The issue as I recall was that the RNC 'lost' 2m emails, but everything died down when off-site backup tapes were found and no significant violations were found in the missing emails.

  50. Re:So find an unreasonable one by Austerity+Empowers · · Score: 2, Informative

    All hail her Grace, Queen Hillary of House Clinton, President of the US and of the Congress, Chosen of the Street, and Detested by the Realm.

  51. 'Unintentionally' by KenHansen · · Score: 3, Informative

    So Hillary: Unintentionally hired a consultant Unintentionally bought a server Unintentionally paid the consultant monthly to manage the server Unintentionally secured a political appointment job in State Dept IT group (the first-ever political IT appointment) Unintentionally used her private server exclusively for all work emails Unintentionally retained 30,000 emails for two years after she left office That's a little hard to swallow, don't you think?

  52. Re:So find an unreasonable one by Jack_of_Shadow · · Score: 2

    Actually, the classification authority runs directly to the President, Congress and the Judicial are not part of that chain. The President is the final authority on classification. Now, the President delegates a lot of that authority, but that does not mean ANYONE can classify ANYTHING higher than the Presidents classification. It means exactly the opposite.

    --
    My not responding to your flame is in no way indicative of my submission to your statement, it just means I don't have t
  53. Same punishment as GWBush by Maxwell · · Score: 2, Informative
    GW has his staff use private email servers too, specifically to get around the archives issue (is with intent, unlike HRC who wanted a secure BB and was denied).

    I would agree to HRC getting whatever punishment GW got for doing the same thing. What was that again?

  54. Re:And she gets away with it... by Dunbal · · Score: 2, Funny

    Maybe she needs to be broken up into a number of smaller Hillaries, each one just small enough that it can be jailed.

    There used to be a judicial process for that. Oh yeah.

    --
    Seven puppies were harmed during the making of this post.
  55. Re: And she gets away with it... by Salgak1 · · Score: 2

    While you COULD put a domain filter on an email server, why would you want to ?

    And it still doesn't explain how classified emails jumped the air-gap between the classified networks and the unclass network.

    Well, other than it being a rather nasty PEBKAC problem . . .

  56. Re:So Long Trump Chumps by MachineShedFred · · Score: 2, Insightful

    I can't fathom why you're so overjoyed that the choice for our next President is still between a narcissistic race-baiting Dorito-tinted proto-facist and a vote-for-me-because-vagina self-enriching-at-the-publics-expense focus-polling-before-standing-for-anything unindicted felon.

    Myself, I was hoping for a Democratic disqualification due to pending indictment, so we could get a reasonable third option.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  57. Re:that's because clinton will outlawyer them by Anonymous+Cow+Ward · · Score: 2

    They're both corrupt jackasses. America is screwed either way - the only difference is how, in particular, they'll screw it up.

    --
    Examine even your most deeply held beliefs. Nobody is always right.
  58. Re:And she gets away with it... by tripleevenfall · · Score: 3, Insightful

    Well at least with an empty chair, there would be far less legislation enacted which almost always means a reduction in our rights and growth in the government.

  59. Re:FBI Director [Re:And she gets away with it...] by Solandri · · Score: 3, Informative

    The "lower-level staff member" who helped set up Clinton's email server assisted the FBI in their investigation in exchange for immunity against prosecution. He knew how serious a breach of protocol this was, and took steps to cover his ass.

  60. United States v. Kantor by tepples · · Score: 3, Informative

    There are a number of strict liability crimes that have significant jail sentences. The most common of which is statutory rape.

    In United States v. Kantor, an actress deliberately misrepresented her age to appear in an erotic film. The Ninth Circuit used this as grounds to find the film's producer not guilty of child pornography. The result appears consistent with the unclean hands doctrine: someone guilty of forgery is unjustified in pressing charges on grounds of reliance on a forged document. (See "Good Faith Defenses: Reshaping Strict Liability Crimes" by Laurie L. Levinson.) Applying the logic of Kantor to statutory rape would raise the bar on statutory rape to negligence. Or in which post-Kantor cases has such a defense already been unsuccessfully applied?

  61. Re:And she gets away with it... by RoccamOccam · · Score: 5, Insightful

    Are you aware that the only reason you gave to vote for Gary Johnson is that he's not Hillary Clinton or Donald Trump? Despite their respective flaws, there are actually a lot of people who are worse than both of them.

    Yes, I am acutely aware of that. If I suspected that Gary Johnson was worse than either Hillary or Trump, I wouldn't be making my suggestion.

  62. Re: I think this means Trump by MachineShedFred · · Score: 2

    Ahh, the old 'but the other guys did it too' trope. Because that somehow excuses this current wrongdoing.

    Besides, you'll recall that Libby still has a felony conviction, the $250k fine over that mess, even with the commutation of jail time, which is nothing but political patronage. What punishment is Clinton going to get for knowingly and deliberately circumventing security on TOP SECRET information, with multiple counts. And no, there's an actual declassification process for information that doesn't start and stop with the decree of one Government official that something is declassified because she wants to use her fucking blackberry.

    Nice try, sycophant. Go drink some more kool aid. Laws were broken. Specifically 18 USC 793 (f). And apparently your favorite horse in this race has now been declared above the law by no less than the Director of the FBI.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  63. Re:So find an unreasonable one by Rob+Y. · · Score: 2

    I doubt he was the head of his department. C'mon folks. Of course there are different rules for the Secretary of State vs. some functionary somewhere. No, she shouldn't have used a private server for a variety of reasons - but no, she didn't break the law and shouldn't be prosecuted. The standard in question was intention to disseminate classified material, and that wasn't proven. In fact that wasn't even hinted at - except by conspiracy theorists and outright Clinton haters. And, sadly, by a portion of the Bernie Sanders contingent who simply wanted the worst to be true so their guy could win - without actually getting enough votes to win. And no, the primary voting wasn't rigged either...

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  64. Make that the next eight years by Zontar_Thing_From_Ve · · Score: 4, Insightful

    Unfortunately, this campaign comes down to either electing someone who represents everything wrong with the status quo, or the guy who represents everything that could go wrong with trying to change the status quo. I am thoroughly not looking forward to the next four plus years.

    I hate to break this to you, but whoever becomes president is almost certainly going to be re-elected in 2020. Don't think so? You're likely wrong about this. Consider the following list of presidents since 1900 who lost a re-election bid and why they lost.

    William H Taft - Intensely disliked even by his own party to the point that over half of them backed a third party candidate instead (Teddy Roosevelt).
    Herbert Hoover - Punished for being president during the Great Depression and having no solution for it.
    Gerald Ford - Tarnished by the Nixon pardon and economic malaise.
    Jimmy Carter - Intensely disliked by his own party and economic malaise.
    George H.W. Bush - Economic malaise.

    Note that George H. Bush and Barrack Obama easily won re-election despite being hated intensely by almost half the voters. So the only way that sitting presidents lose re-election bids is if they are intensely disliked by their own party (Won't happen with Clinton and Republicans are unlikely to turn on Trump if he wins a first term) or are presidents under economic downturns (Obama survived this one though). So like it or not, I'd suggest planning for the 2016 winner to be re-elected in 2020. The odds are really good on that.

  65. Re:LOL... by leftover · · Score: 2

    I've held both military and contractor TS clearances. Handling rules are consistent between the two, with more dire warnings on the contractor side.

    Also, there is really close care taken with marking a classification, at least for a working-level stiff like me. Increased handling costs, delays and confusion make over-classifying anything unlikely. At higher levels, on the other hand, it is used to hide information internally.

    --
    Bent, folded, spindled, and mutilated.
  66. Re:FBI Director [Re:And she gets away with it...] by Rob+Y. · · Score: 2, Interesting

    Voting for someone because they might be able to win is a sensible act - if what you're ultimately concerned with is the makeup of the Supreme Court. I assume, as a Johnson supporter, you're fine with a 'business-friendly' court - even if it's also seriously corruption-friendly too, and throws stuff like Net Neutrality out the window.

    But honesty in some absolute sense is, in fact, not the most important factor in a President. What they will actually do and the policies they will support is way more important. You just happen to like Johnson's policies - so why not just admit that and call it a day?

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  67. The standard in question by hsthompson69 · · Score: 2

    Full context:

    "Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities."

    Money quote:

    "a felony to mishandle classified information either intentionally or in a grossly negligent way"

    Money word:

    "or"

    The standard in question does not require intent at all.

    tl;dr - she did break the law, but we're declining to prosecute her

  68. Re:FBI Director [Re:And she gets away with it...] by CauseBy · · Score: 2, Informative

    Mmm hmmm. And as soon as he had that immunity and told them everything he knew, they realized he had nothing to offer.

    Smart people demand immunity no matter what. Everyone here on Slashdot would do that. It doesn't mean you're corrupt, it means you are following competent legal advice.

  69. In other news... by Alypius · · Score: 4, Insightful

    ...the FBI has also determined that Lee Harvey Oswald was "extremely careless" with his rifle.

  70. Pretty big difference by Overzeetop · · Score: 3, Insightful

    "except for volume"

    That's a pretty big difference. 1.7 Million documents vs 100. And Clinton's intent was, in fact, that the servers be both protected and private (hacking attempts and successes notwithstanding. If her intent wasn't to control the shit out of ever single email she sent or received she'd have put them on a government computer where others outside of her control would have had known access.

    The reality is that she mishandled classified information - in exceedingly small amounts for someone in her position who probably touches hundreds of classified pieces of information every day. That mishandling was statutory - it did not follow the letter of the regulations which is intended to prevent accidental dissemination of the information to hostile parties. Instead, she put it on a server which was intentionally under her (nominally) complete control, with the intent of making sure that nobody every saw a single thing that she didn't approve. Given the paranoia of the woman, it was probably safer there than on the official servers.

    This is the security equivalent of doing 67 in a 55. Most people are going to get a slap on the wrist, some people are going to get the book thrown at them, and some people who are connected or are good talkers are going to walk away with a warning. Snowden was doing 110 in a school zone, putting kill stickers on his windshield for every kid he hit. Some of those kids, no doubt, had it coming to them; but Snowden still didn't have the right to mow them down.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  71. Soooo, Snowden can come home by Texmaize · · Score: 2

    Since exposing secrets is apparently not a crime anymore, Snowden and other people who did this are free to come home, right?

    --
    "Liberalism is a very noble idea, currently controlled by some very bad people. Be sure you do not get the two confused.
  72. Re:So find an unreasonable one by ScentCone · · Score: 2

    No, the LAW in question speaks to whether or not classified material is exposed (made available, whether or not accessed by a third party) even through negligence. The FBI director just explained that she did EXACTLY that, but for political reasons (say, pressure on his boss during a 30 minute talk about grandchildren in a private plane the other day?), he chose to use the words "extreme carelessness" instead of "negligence" so that Clinton would have the political cover she wants. He couldn't exactly make the facts go away, so he made a judgement call to give her some wiggle room, since his bosses (Lynch, Obama) made it clear that's how it's going to be.

    --
    Don't disappoint your bird dog. Go to the range.
  73. Re:And she gets away with it... by irrational_design · · Score: 3, Informative

    Not me, I'm doing a Bernie Sanders write-in. If enough people join me we won't have to deal with Trump or Clinton. With the two of them it's not even a case of the lesser of two evils.