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by Jay Syrmopoulos
Sacramento, CA – In a case that clearly highlights that the rule of law only applies to the general public — and not politically connected elites — the FBI announced they would not refer Hillary Clinton for prosecution under Section 793 of the U.S. code relating to her use of a private email server.
Section 793, subsection (f), “Gathering, transmitting or losing defense information,” makes quite clear that intent is not a key consideration in a case like this when deciding whether to press charges:
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.
According to Section 793, “gathering, transmitting or losing defense information” is a crime, regardless of whether an individual has the intention of pursuing malicious acts with the classified data or not.
During the press conference, FBI director James Comey made the case that while Clinton’s actions don’t warrant an indictment, “this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences.”
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