So, generally, even if you are too stupid or lazy to actually carry through with contacting a foreign power, if you just leave stuff around (like on unsecured servers and various devices) for anyone to see you are guilty of gross negligence. Not to even consider sending it flying all over the innertubes on various devices...
Then there is the aspect of copying all that stuff to a flash drive and giving it to your lawyer, who has no security clearance, to be "reviewed" and stored in an office safe which is not a secure facility and likely accessible to a variety of (non-cleared) people. It seems that just by trying to deal with the whole controversy, many more laws were broken wrt to protection of classified information.
Then there is the aspect of telling your people to go into a SCIF and collect info, copy it somehow (somehow!), and strip off the classification markings, and send it in the clear, per a direct email from Herself.
(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy. Move along... --JC On 7/5/16 7:33 PM, G Mann via Mercedes wrote:
At some point, intent becomes Prima Facia based on the resulting actions. ie... "I accidentally robbed that bank." vs the argument "I accidentally robbed those 80 banks." In this investigation.. the sheer volume of mis-deeds constitutes intent. On Tue, Jul 5, 2016 at 4:21 PM, Joel Cairo via Mercedes < mercedes@okiebenz.com> wrote:The FBI investigates espionage by non-military players so they were the appropriate agency to do so. I just saw on the Propaganda Broadcasting System news a clip of Comey, who said they pretty much compromised classified information by sloppiness or "carelessness," using multiple personal servers and devices that likely got hacked by foreign players, etc., 14 minutes of evidence of wrongdoing. Those are all criminal violations of the Espionage Act and should have been turned over to a US Attorney for presentation to a Federal Grand Jury for an indictment. Intent has nothing to do with the wording of the law, which is pretty clear that if you do any of that stuff he enumerated by "gross negligence," you have committed espionage. "Intent" is covered in other portions of the law, but not the one I cited below. --JC On 7/5/16 6:52 PM, archer75--- via Mercedes wrote:My lawyer once settled a business disagreement that might have gone to court by using the legal principle of "inadvertence" since the tort was unintentional. It stretched the legal meaning of the principle, but the plaintiffs lawyer decided not to sue; possibly because he thought the judge would invoke the principle. "The term inadvertence is generally used in reference to a ground upon which a judgment may be set aside or vacated under the Rules of Federal Civil Procedure or state rules of civil procedure." http://legal-dictionary.thefreedictionary.com/Inadvertence Mine was a civil procedure while Hillarys was/is a (criminal?) procedure? Can inadvertence be used in potential criminal cases? Better ask Snook. Did the Democratic administration get the FBI into the case so it could "clear" Hillary, and deprive the Republicans of an issue during the campaign? Hmmmm. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~On 05/07/2016 4:31 PM, Joel Cairo via Mercedes wrote:I find it quite interesting that the FBI director presents evidence of several felonies, then proceeds to say there is nothing there for an indictment because it was not "intentional." Funny, I thought it was a US Attorney who would take evidence to a Federal Grand Jury then ask for an indictment. Oh wait, Bill (who is also apparently under a federal investigation) and Loretta got that sorted out the other day... I guess it really is only poor people who can't get justice in the US. --JC On 7/5/16 5:27 PM, Andrew Strasfogel via Mercedes wrote: Better tell the FBI really fast!On Jul 5, 2016 5:24 PM, "Joel Cairo via Mercedes" <mercedes@okiebenz.com> wrote: (f) Whoever, being entrusted with or having lawful possession orcontrol 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. On 7/5/16 4:40 PM, Fred Moir via Mercedes wrote: Dwight.Yes, England does celebrate the 4 th of July, and each year issues an invitation to return to the fold. Though why any american would want the UK's clowns to run anything is beyond me. Maybe america will take a lesson from Parliament and vote for a person of intelligence and capability. (Nah!). YMMV! Fred. Fred Moir. Lynn MA. Diesel preferred. ________________________________ From: Mercedes <mercedes-boun...@okiebenz.com> on behalf of Dwight Giles via Mercedes <mercedes@okiebenz.com> Sent: 05 July 2016 16:05 To: Mercedes Discussion List Cc: Dwight Giles Subject: Re: [MBZ] July 4th Thank you Fred, I just learned the answer to he old puzzle-do they have the 4th of July in England?. In Chester. Saw a sweet new C250 cdi. Cheers, Dwight On Mon, Jul 4, 2016 at 2:45 PM, Fred Moir via Mercedes < mercedes@okiebenz.com> wrote: Happy Birthday America!Fred Moir. Lynn MA. 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