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FBI Releases Hillary Clinton Email Report (cnn.com)

The FBI released 58-pages documents on Friday detailing its investigation into Hillary Clinton's use of a private email server while she was secretary of state, and a summary of her interview with agents, providing the most thorough look yet at the probe that has dogged the campaign of the Democratic presidential nominee. CNN reports: Clinton repeatedly told the FBI she lacked recollection of key events. She said she "could not recall any briefing or training by State related to the retention of federal records or handling classified information," according to the FBI's notes of their July 2 interview with Clinton. Fallout from Clinton's use of a private email server continues to dog the Democratic presidential nominee's campaign, as her lead over her Republican counterpart Donald Trump has been cut in half since her post convention bounce last month, according to CNN's Poll of Polls released Thursday. Trump and other Republicans have stepped up their attacks connecting the emails to questions over whether Clinton gave preferential treatment to donors to her family's foundation. The bureau is making the information public in response to numerous Freedom of Information Act requests, including from CNN. "Today the FBI is releasing a summary of former Secretary of State Hillary Clinton's July 2, 2016 interview with the FBI concerning allegations that classified information was improperly stored or transmitted on a personal e-mail server she used during her tenure," the agency said in a statement. "We also are releasing a factual summary of the FBI's investigation into this matter."

45 of 409 comments (clear)

  1. "could not recall" by Anonymous Coward · · Score: 5, Insightful

    "could not recall any briefing or training by State related to the retention of federal records or handling classified information"

    Funny, every one of us poor bastards who actually would go to jail over a classified release remembers the briefing distinctly. She, having had the statutory authority to determine what's classified or not with the stroke of a pen (Original Classification Authority) doesn't remember any of the training and couldn't be assed to declassify what she told her subordinates to email her. If she had any integrity, at all, she should shoot herself.

    1. Re:"could not recall" by sycodon · · Score: 5, Insightful

      I recall my training on confidential information when I entered the Defense Industry nearly thirty years ago. Hell, I remember the Food Safety course I took at age 17.

      It's clear Hillary has some kind of Brain Injury issue going on.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:"could not recall" by Anonymous Coward · · Score: 2, Interesting

      Yup. She's either senile, incompetent or a pathological liar. Just what we need for the next president, yeah?

    3. Re:"could not recall" by _Sharp'r_ · · Score: 5, Insightful

      Yup. She's either senile, incompetent or a pathological liar.

      I vote for "all of the above"...

      Doesn't recognize what classified markings look like, doesn't remember any of her briefings on it, losing her blackberry dozens of times...

      Does anyone actually believe all this stuff? She's been conveniently "forgetting" things for 25 years, going back to the Whitewater FBI investigation interviews. It's a bit much to believe she has the worst memory ever, but only when it comes to things which are potentially damaging to her criminally and politically.

      Don't get me started on the fact that the FBI conveniently released all this damaging information as a Friday-Before-Holiday news avoidance dump.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    4. Re:"could not recall" by hsmith · · Score: 2

      So, she is the most qualified human ever to walk the earth, but she is so incompetent that she didn't know she couldn't mishandle classified information? Adds up!

    5. Re:"could not recall" by Coren22 · · Score: 2

      Don't get me started on the fact that the FBI conveniently released all this damaging information as a Friday-Before-Holiday news avoidance dump.

      Personally, I look at that as giving the media all the time it needs to go through the information before Tuesday.

      I wonder when the State Department is going to release Hillary's training records to show she took the training.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    6. Re:"could not recall" by kwbauer · · Score: 5, Insightful

      Yes. She sustained this injury early in her life. It is called "I am better than you" syndrome AKA "I am not one of the little people" syndrome.

    7. Re:"could not recall" by magarity · · Score: 4, Insightful

      if Americans vote for trump it'll be simultaneously the saddest thing and the most fucking funny thing that has ever happened.

      It will probably be more like when Ventura was elected governor of Minnesota except on a national level. Endless complaining by the establishment on both sides but not much coming of it by the end.

    8. Re:"could not recall" by Marxist+Hacker+42 · · Score: 3, Informative

      "It's a bit much to believe she has the worst memory ever, but only when it comes to things which are potentially damaging to her criminally and politically."

      Actually, Narcissistic Personality Disorder combined with trauma-induced schizophrenia would produce *exactly* this effect.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    9. Re:"could not recall" by kwbauer · · Score: 2

      As soon as Obama personally arranges for them to enter the Witness Protection Program?

    10. Re:"could not recall" by myid · · Score: 5, Insightful

      I recall my training on confidential information when I entered the Defense Industry nearly thirty years ago. Hell, I remember the Food Safety course I took at age 17.

      It's clear Hillary has some kind of Brain Injury issue going on.

      According to this article,

      Mrs. Clinton told the FBI she couldn’t remember if she was ever briefed on preserving records, but said it may have happened in 2012, after she fell and suffered a concussion and had a blood clot.

      “Based on her doctor’s advice, she could only work at State for a few hours a day and could not recall every briefing she received,” the agents wrote in their notes.

      Clinton became Secretary of State in 2009. I doubt she got her briefing on preserving records in 2012.

      Claiming that she can't remember things because of her concussion helps keep her out of legal trouble. However, it doesn't help her claim that her mind is healthy enough to be president. Well, maybe she'll say that her mind was messed up then, but that it's ok now.

    11. Re:"could not recall" by Kierthos · · Score: 2, Insightful

      I hate to break it to you, but something like 99% of politicians at state level and above have that same problem.

      Honestly, I'm not sure if I even need the qualifier. I've met a couple city councilmen who thought they walked on water and that their feces was not odoriferous.

      --
      Mr. Hu is not a ninja.
    12. Re:"could not recall" by Curunir_wolf · · Score: 3, Interesting

      It's clear Hillary has some kind of Brain Injury issue going on.

      Yes, it was a pretty bad head trauma. The cover story was that she had a flu or something and fell over and banged her head, and that's why she was wearing those glasses. The coverup was necessary because the injury actually happened during a plane crash in Iran when she was headed to secret negotiations, which the State Department lied about, then covered up, then covered up the lie, then restored the video where they admitted the lie. It was lies all the way down.

      There was also a Navy Seal killed during the crash. It must have been a fairly open secret among some folks at the State Department. When Hillary returned to work after a month-long recovery from the crash, officials at the Department gave her a crash helmet as a gift.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    13. Re:"could not recall" by _Sharp'r_ · · Score: 2

      Oddly enough, I don't and mine was less than 15 years ago.

      You recall at least having HAD the briefing, right? She supposedly couldn't even remember that much, despite having signed paperwork about the briefing.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    14. Re:"could not recall" by JoeMerchant · · Score: 2

      We're not electing HC or DT, we're electing their staff, their group of advisers, speech writers, and policy makers - neither of them is competent to execute even 1% of the office on their own cognition.

    15. Re: "could not recall" by ScentCone · · Score: 4, Insightful

      Things will be horrible shit for just about everyone if Trump is elected.

      Because things are going SO well thanks to Clinton's policies and advice when she was Secretary of State? I wonder how a couple million Syrian refugees feel about that. Or the people now living in that shining bastion of liberty and peace, Lybia. No doubt you're thinking of the nice people in Crimea or Ukraine who are just thrilled to living where USSR 2.0 is testing the waters. Or are you thinking of the people in Pacific Rim nations who ware watching China take over international waters? Or maybe your contemplating the sterling success of economies in Central and South America, where pandered-to lefty kleptocracies are causing more than their usual share of suffering? Yes, definitely - we need the US to do its level best to ensure there's more of the same. Great idea.

      --
      Don't disappoint your bird dog. Go to the range.
    16. Re:"could not recall" by ScentCone · · Score: 2

      Cheny and Libby talking about who Plame was, between themselves, in completely irrelevant. Her name was inadvertently confirmed to a journalist by US Deputy Secretary of State Richard Armitage. You know this, everyone knows this. It's public record and he's been very clear on how it came to pass. Why lie about it? What's that achieve? Who are you hoping falls for that? Please, do tell.

      --
      Don't disappoint your bird dog. Go to the range.
    17. Re: "could not recall" by Bing+Tsher+E · · Score: 2

      It's okay to make racist comments, as long is the racism is directed at white people.

    18. Re:"could not recall" by Enigma2175 · · Score: 3, Insightful

      She can't even sign right, she did dd-mm-yyyy instead of mm-dd-yyyy!
      Maybe she'll claim that makes it not valid...

      Yes, she used one of the two logical ways to portray a date, the other being YYYY-MM-DD. The American habit of using MM-DD-YYYY is almost as annoying as refusing to use the metric system

      --

      Enigma

    19. Re: "could not recall" by Anonymous Coward · · Score: 4, Funny

      There two types of countries. Those that use the metric system and those that have been to the moon.

  2. Re:Could not recall briefings because of concusion by Tyrannicsupremacy · · Score: 3, Insightful

    Man, I disagree with some of Hitler's social policies, but I voted for him anyway. I'm sure it'll be alright.

    --
    http://i.cubeupload.com/T6cyLu.png
  3. When I become Emperor by ThatsNotPudding · · Score: 2

    I will summarily execute any underlings that release awkward / bad news on a Friday. It will also apply to their families if Monday is a holiday.

    I despise Trump nor a big fan of Hil, but Teams Red AND Blue have been guilty of this cowardice for decades now.

  4. Re:Could not recall briefings because of concusion by DidgetMaster · · Score: 5, Insightful

    The problem with the 'convenience' argument is that it just doesn't hold water. Maybe if she had just set up a gmail account and used it, then convenience might sound plausible. Instead, she went to a lot of trouble to set up a private server and make sure everything flowed through it. If she is going to own up to anything close to the truth, it would be to admit is was about control. Control over what information got out to the public. Control over what information was given out when a subpoena or FOIA request came in.

  5. Just wait until January 21 2017 by damn_registrars · · Score: 3, Insightful

    This report won't mean anything to whatever number of republicans remain in congress after Clinton is sworn in as POTUS on January 20. January 21 will begin with GOP members attempting to initiate impeachment hearings over the email server. It will be the endless series of Benghazi hearings and investigations all over again.

    People who like the government to not get any meaningful work done should be able to rest easy. Those who would like to see something happen will be inevitably disappointed.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Just wait until January 21 2017 by Anonymous Coward · · Score: 2, Insightful

      Both of the front runners would be 'competent' presidents. But for different reasons. Trump seems like he would get the job done just because it is the right thing to do and he enjoys doing it. Hillary would do it because it brings her power and she has tons of shady connections to get things done.

      The thing is scandal follows the Clintons. It clings to them. Why? Because it seems like *everything* they do is shady. Maybe legal, maybe not. When you have Bill Clinton saying 'house of cards is 99% accurate', and the makers of the show going 'yeah we based it on the clintons', you go WTF dude! She blames people for outing her dirty laundry. When the real story is that she has heaping mounds of toxic stuff of it. If she is elected. The email thing and Benghazi will blow over. But there will be 3 new things. Controversy follows them not because they are doing good things. But because they are enriching themselves with power and wealth. This is not their first rodeo.

      Good example of what I am talking about. Trump is off talking to México's president? What is Hillary doing? She is off in the Hamptons raising money and consolidating power with 1%rs.

    2. Re:Just wait until January 21 2017 by damn_registrars · · Score: 2

      People who like the government to not get any meaningful work done are terrified of a Clinton presidency.

      Why? We didn't see anything useful done under the Obama Administration. If anything, the laws Obama has signed into law make him the most conservative president to date. The law most frequently associated with him was the largest handout to corporate America in the history of government, bar none. We have never had a republican president to date who would not have enthusiastically signed it into law.

      with Souter dead

      I presume you meant Scalia? I'm pretty sure David Souter would be surprised to learn that he's no longer alive.

      and Thomas expected to retire after the election

      Interesting speculation, there. Thomas is a conservative justice. Why would he retire right after the inauguration of President Clinton?

      What you really should be afraid of, though - and based on your comment you have quite a bit of fear in you directed towards non-GOP politics - are these five words:
      Supreme Court Justice Barack Obama
      There is a very good chance this could happen soon. Then you literally can't get him out of Washington DC until he's ready to retire (or dies).

      The result would be, within eight years, either such a conversion, or (when she gets to the "disarm the potential opposition with gun bans" stage), a second civil war (depending on how serious gun owners are about the "from my cold dead hands" rhetoric.)

      Unless the goal is to actually kill people, why would a civil war be necessary? Why not just secede? Any reasonable person can see our country is fracturing regardless (though some dispute how many countries it should be split into). Why not just carve out new countries and be done with it?

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  6. "I do not recollect" by 31415926535897 · · Score: 5, Insightful

    See, she's not a malicious lawbreaker, she's a drooling moron. All hail our next Commander-in-Chief!

    Seriously, if she can't recall basic instructions, how can she be trusted to lead the country?

    [No, don't get me started on Trump. Please, everyone, vote 3rd party.]

  7. Re:Dementia, Idiot, or Liar by __aaclcg7560 · · Score: 3, Funny

    There's no fourth option. Only combinations of these three choices.

    The combination of any three options is a fourth option. Do not pass Go, do not collect $200.

  8. Re:Could not recall briefings because of concusion by Anonymous Coward · · Score: 5, Insightful

    So you want a person that don't care about security or classified information running the country?
    Not saying vote for Trump. But there has to be a better person then either of these two.

  9. Re:Dementia, Idiot, or Liar by The+Grim+Reefer · · Score: 2

    She either lied to the FBI, has dementia, or is an idiot. There's no fourth option.

    Option 4. She was kidnapped by aliens between her briefing and her interview and who we currently think is Hillary is a cleverly disguised replacement.

    Option 5. Bill had her replaced with a Stepford wife type robot years ago and a few bits got flipped regarding the briefing.

    See, there are lots more options. Just none of them are good... or plausible. Unless you believe the stories in the World Weekly News. But they're still not good options.

  10. Re:Dementia, Idiot, or Liar by __aaclcg7560 · · Score: 2

    Thank god for pedantry! What are you: 12?

    I'm a 47-year-old English Lit major who works in government IT.

  11. Hillary news break by tripleevenfall · · Score: 5, Interesting

    The executive branch has announced that it has thoroughly investigated itself, and it's found that it did nothing wrong.

  12. Loony Site by bigsexyjoe · · Score: 4, Interesting

    I'm not a Clinton supporter and I don't think you have to trust her or the main stream media. But that is a wacko right wing site.
    http://www.eutimes.net/2016/08...
    http://rationalwiki.org/wiki/E...

  13. Ironically you are correct, but not how you think by SuperKendall · · Score: 3, Interesting

    I'd like to ask the US readers about the timing of this publication.

    The timing is very meaningful.

    Specifically, given the proximity to a US Presidential vote in which the subject of the report, Mrs Clinton, is standing as a nominee, it would seem on the face of it that the timing of this release might be politically motivated.

    It is - it was released the Friday before labor day, the time when all the worst news is released because most reporters have gone on vacation, and most people are not paying attention to news.

    The timing of this being released today, means this is more very terrible new for Clinton and it is being buried as much as is possible so as few people as possible see it.

    Is this a deliberately-timed event by a Republican-leaning FBI,

    The FBI is Democrat leaning, as you can tell by them letting a felony slide for Clinton. The FBI said she committed a felony, but they thought it was too inconvenient to prosecute her.

    Ask anyone who has ever works with classified material. They would be in jail, for a long time, if they had done just once what Clinton did with great regularity.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  14. Washington Times Cred [Re:"could not recall"] by Tablizer · · Score: 3, Insightful

    According to this article [washingtontimes.com], ...

    Sorry, but Washington Times is known for political bias and spin. My advice is either find and quote the original source of their info, or ignore them. You might as well cite a tabloid (which they arguably are).

    1. Re:Washington Times Cred [Re:"could not recall"] by Bing+Tsher+E · · Score: 2, Insightful

      Half your audience is wondering why you misspelled 'Post.'

      Hence, there really isn't anything unclear or confusing here.

  15. Re:Dementia, Idiot, or Liar by __aaclcg7560 · · Score: 2

    Would you like fries with that degree - check

    I have an A.A. degree in general education (1994) and an A.S. degree in computer programming (2007). I haven't worked a minimum wage job in 20+ years.

    Government Worker - check

    I'm two years into a five-year contract that's fully funded. If the Republicans shut down the government before or after the election, I'll still be working.

    Complete Asshole - redundant

    I wouldn't be working in I.T. if I wasn't a complete asshole.

  16. 'I cannot recall' saying I cannot recall by TiggertheMad · · Score: 3, Interesting

    Honestly, if you cannot read between the lines here, stop voting.

    When a politician (from either party) says 'I cannot recall' while being questioned under oath, it means, 'I will neither conform or deny your question because I am under oath'. Saying nothing of substance give investigators and prosecutors no ammo for perjury charges, which could be filed even if a primary charge gets thrown out of court. Furthermore, Pleading the fifth just makes you look guilty even if you had nothing to do with whatever it is that is being investigated. Saying you cannot recall is a solid legal dodge, and ANY politician with good legal council will use it if you try to push them into a corner.

    If you want to hate on Hillary, go ahead. But try to stick to actual character flaws and not tried and true legal tactics to avoid perjury charges. She remembers every bit of it, but she is playing defense so the Hilary witch hunters cannot nail her on tangential charges.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:'I cannot recall' saying I cannot recall by Bing+Tsher+E · · Score: 2

      Translation of fancy language: She is avoiding disclosure of the truth.

  17. That's it - I'm going Libertarian by erp_consultant · · Score: 4, Insightful

    Hillary is clearly a lying, deceptive, corrupt, sociopath dirt bag. Whether you are a Democrat or a Republican I just don't see how it can be viewed any other way. Trump is just a buffoon. A carnival barker. An embarrassment.

    Neither one of them deserves my vote. So what to do? I suppose I could just stay home and not bother to vote but that seems unpatriotic to me. People fought and died for my right to vote so the least I can do is exercise that right. So I'm voting for Gary Johnson the Libertarian candidate. He hasn't got a snowballs chance in hell of winning but that is not the point. I just can't bring myself to vote for either of those two shit sandwiches so at least I can cast a vote for Johnson with a clear conscience.

  18. Re:Monitor Team? [Re:"could not recall"] by hsthompson69 · · Score: 3, Interesting

    18 U.S.C 793 (f)

    https://www.law.cornell.edu/us...

    (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.

    Comey used the words "extremely careless", which, in legal terms, is synonymous with "grossly negligent".

    http://legal-dictionary.thefre...

    "intent" is not "gross negligence", as demonstrated by the separate specification of intent in 18 U.S.C 793 (a), 18 U.S.C 793 (b)

    (a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
    (b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or

  19. Re:Monitor Team? [Re:"could not recall"] by hsthompson69 · · Score: 2

    Comey is an investigator, and is required to understand law as part of his job. His statements were legal declarations, of an investigatory agent, subject of course to an actual trial (which, we should have had). Comey, in fact, is a lawyer.

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

    Insofar as the "intent" pagragraphs:
    (a) mentions "intent"
    (b) mentions "intent"

    You made the assertion that "gross negligence" == "intent", which is obviously untrue. If it was true, they would not have needed to specify "gross negligence" from "intent".

    For more detailed legal analysis, about "gross negligence", please see: http://scholarship.law.marquet...

    It is basically a failure to excercise the degree of care demanded by the circumstances, or a failure to use the care which an ordinarily prudent man would use under the circumstances.

    If you cannot understand how "extreme carelessness" is "a failure to exercise the degree of care demanded by the circumstances", you'll need to more carefully consult your english language dictionary.

  20. Re:Monitor Team? [Re:"could not recall"] by hsthompson69 · · Score: 2

    Comey used a synonym for "gross negligence", and it makes sense that he did so - the pressure on him to avoid an indictment was phenomenal, but he couldn't help but hold onto the last shred of integrity that he had by stating obliquely that indeed, she had committed a crime. Reminiscent of that POW that said one thing but blinked in code another.

    (One mentioned "gross negligence", but the common legal interpretation of that phrase is pretty much the same as "intent".)

    I re-read your statement. My disagreement stands - the common legal interpretation is not "pretty much the same as intent".

    Although, I will agree that there are some specific cases where that legal interpretation is made. Here's a more recent cite, with some support for your position in specific states (showing some of the confusion across some courts): http://repository.jmls.edu/cgi...

    As for "up to the judge", I'll defer to the SCOTUS (granting that some federal courts may on occasion disagree with each other). As per the original citation:

    But it is interesting to note, in the Lockwood case, the United States Supreme Court modified its earlier decisions by refusing to reject degrees of care or diligence. Thus, if there is anything of a "Federal" rule, it is that there are no degrees of negligence, but that there are degrees of care.

    More importantly, given that 18 U.S.C 793 specifically differentiates between "intent" and "gross negligence", it is difficult to assert that they are meant as synonyms.

    That all being said, it's obvious there was "intent" (as in "intentional act"), given that creating a secret email server is an action that cannot be done accidentally. Whether or not it was intended to hurt the US (18 U.S.C 793 (a) (b)), or if it was simply an "intentional act" of gross negligence, lacking care (i.e., careless), then that fits 18 U.S.C 793 (f).

    So regardless of ambiguity in lower court interpretation, Hillary fails on both counts - gross negligence, and intent.

    Unintentional "gross negligence" would be something like, leaving your car unlocked and your secret blackberry laying on the seat in a bad neighborhood - a reasonable amount of care would have avoided the risk. Building your own private secret email server isn't something that happens through chance, or by accident - it is an intentional act, and in this case, a grossly negligent one.

    Boy, it would've been nice to actually have this adjudicated in a court of law though, instead of having the process short circuited by secret meetings on tarmacs :)

  21. Re:Monitor Team? [Re:"could not recall"] by hsthompson69 · · Score: 3, Interesting

    As far as the legal meaning of "gross negligence", it appears it either requires intent, OR very very extreme carelessness.

    And I think we can both agree that ultimately, this should have been adjudicated in a court of law. There was clearly enough to bring charges.

    Comey himself said that existing laws and case history applied to her actions and statements wouldn't qualify for a crime.

    No, that's not what he said :) He was quite specific when he said that "no reasonable prosecutor would bring such a case". It was definitely a crime, but in this case the "number of factors before bringing charges" obviously included the political pressure of the Obama administration :)

    Setting up the server BY ITSELF is not a crime.

    Of course not. Setting up the server BY ITSELF is an *intentional* act. Whether or not that intent was to harm the US (as per 18 U.S.C 793 (a) and (b)), or if it was simply "wantonness" (as per jurisdictions that require intention with gross negligence) that it was used in violation of 18 U.S.C 793 (f), simply changes which paragraph she violated.

    Comey clearly stated "there is evidence of potential violations of the statutes regarding the handling of classified information". Given those potential violations, the case should have been brought to trial. It was not brought to trial because of political considerations, not legal ones.

    Now, It seems to me a reasonable person would agree that final judgement would be rendered by a judge and jury. But it's manifestly unreasonable for you to assert that there was no possible criminal violation here.

  22. Re:Monitor Team? [Re:"could not recall"] by hsthompson69 · · Score: 2

    One has to show either intent, or an extreme form of carelessness.

    Secret servers are not setup unintentionally. Comey himself called out extreme carelessness.

    Q.E.D.

    Again, the box means nothing here. It's not about the server.

    Yes, in fact, it is. It is grossly negligent to set up a secret server and transmit work-related information there, when your work-related emails can have various levels of classification.

    If she received those emails on gerbils it would be the same damned issue.

    Correct. If they had setup an insecure, secret, private gerbil delivery system for work-related information that could be classified, that would also demonstrate gross negligence.

    I am only claiming your evidence SO FAR is weak.

    No, you're not. You're claiming that the evidence doesn't matter, based on your semantic interpretation of "gross negligence" which is in contradiction to the SCOTUS application of it, and that there are possible legal arguments that may inject a reasonable doubt in the eyes of a jury.