Of course intent matters. Even if it’s a fact that emails were deleted, the question becomes, did she do so in order to obstruct justice? Even if doing it by accident is a crime, how do you sentence somone until you prove intent?
You get all of your talking points from CNN?
Trump fired Comey on the recommendation from Rod Rosenstein … the same Rosenstein that recruited Comey’s friend Mueller to investigate!
Subsection (f) of the pertinent statute (the Espionage Act, codified at Section 793 of Title 18, U.S. Code) makes it a felony to mishandle classified information “through gross negligence” — i.e., proving Clinton was sloppy or careless (or “extremely careless,” to use Comey’s own description) could have been sufficient. But beyond that, Clinton willfully set up a private network for the systematic handling of her State Department-related communications, in violation of federal record-keeping requirements of which she was well aware, and under circumstances in which she (a former senator who served for years on the intelligence Armed Services committee) was a sophisticated longtime consumer of classified information.
She was keenly aware that her responsibilities as secretary of state would heavily involve classified information — whether it was “marked” classified or “born classified” because of the subject matter.
It is irrelevant whether Clinton’s purpose was to transmit or store classified information on the private, non-secure server; prosecutors are not required to prove motive. The question is whether she knew classified information would end up on the server, and her set-up made that inevitable.
That is, Clinton could have been prosecuted either for willfully mishandling classified information or for doing so through gross negligence.
Yes, I was a detective. Intent IS an element of SOME crimes…not all. It is a crime to handle classified data CARELESSLY or NEGLIGENTLY. I know of at least 4 people, 2 of them military, who are TODAY serving time for negligent handling of classified information. I’m certain there are many more. Hillary NEGLIGENTLY put TS, restricted access information on her unsecured server. That’s a CRIME for which she SHOULD be serving time as this is written. Her “intent” was to be negligent with securing classified information which, as SoS, she HAD to have known WAS, in point of fact, criminal AND negligent.
It was never UP to “Republicans” to prosecute Clinton. Remember that all of this happened under the OBAMA Administration and there was NO POSSIBILITY that they would have prosecuted her. They, in FACT, exonerated her instead, falsely claiming that she had no “intent” to violate the laws concerning classified data–even though “intent” has nothing to do with violating such laws.
Republicans CANNOT “seek justice” when Democrats have precluded their ability to do so, let alone having the complicity of the major media to assure that Clintons are NEVER prosecuted for their criminality. Secondly, Devilneck is right. For there to be a prosecution, there has to be a CRIME. We have NO evidence that President Trump (still hurts, huh?) has committed ANY crime for which he CAN be prosecuted. Remember that he is NOT a politician and has never held a governmental position of trust prior to being elected President. Whatever he MAY have done prior to his election (or at least prior to announcing his intention to run for the White House) simply isn’t a prosecutable offense as long as he’s IN the White House. It’s well-established that a sitting President cannot be prosecuted while in office for offenses that have nothing whatsoever to do with his duties AS President and then, only through the process of impeachment. Since President Trump has NOT committed any impeachable offense while in office, any attempt to do so will be viewed by the public as a futile, wholly political exercise and will result in the GOP regaining control of Congress in 2020–maybe for a very long time.
I can hear the wheels turning, CSB. Bill Clinton was NOT impeached for Whitewater or any other such criminality. He was impeached because he, while serving AS President, lied under oath at a court hearing, suborned perjury in witnesses, and tampered with evidence–all in a CIVIL lawsuit that was NOT “criminal” in nature. Each of those three offenses carry the possibility of 8-10 years in federal prison plus substantial fines so all definitely fall under the category of “high crimes and misdemeanors”. The fact that the Senate didn’t have the stomach to CONVICT him, changed nothing except it allowed him to continue to stain the White House with his presence there and allowed his cohorts in crime to bilk the country for another 19 years.