Whenever Any Form of Government Becomes Destructive To These Ends,
It Is The Right of the People to Alter Or To Abolish It,
And To Institute New Government

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Tuesday, July 05, 2016

“in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require”

Andrew McCarthy, former assistant U.S. attorney for the Southern District of New York. He led the 1995 terrorism prosecution against Sheikh Omar Abdel Rahman and eleven others. The defendants were convicted of the 1993 World Trade Center bombing and of planning a series of attacks against New York City landmarks

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services. Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States. In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence.
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posted by Epaminondas at permanent link#

3 Comments:

Blogger Pastorius said...

Andrew McCarthy is absolutely correct.

Our government is operating with no authority. They need to be done away with, by whatever means necessary.

Tuesday, July 05, 2016 6:51:00 pm  
Anonymous Anonymous said...

Her husband was disbarred for less.

Tuesday, July 05, 2016 6:58:00 pm  
Anonymous The Last English Prince said...

So based on this precedent, if I decide to experiment with intravenous narcotics in the PACU, add a bit of benzodiazepine, and my patient dies, it is o.k. if I actually did not intend to kill them.

Or as a mother, if I stake my toddler to an ant hill to teach him a lesson and he then dies of anaphylactic shock, it is o.k. because my intent was to teach him a lesson.

Let's just throw away America's law books, close our law schools and close the courts. As far as I am concerned, Director Comey has violated his oath of office. He should clean out his desk and go home and pull the shutters.

Wednesday, July 06, 2016 1:38:00 am  

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