herzausstein said: I dont understand how they don't see intent... She set up her own email server for her to use. She was secretary of state for goodness sakes. She would've known that much of what she would talk about would at the very least be considered sensitive information if not classified. Things that would come up like the location of agents and names of field agents under her jurisdiction. Beyond that the statute does not require intent it just requires gross negligence which comey pretty much said she did. So he punked out because she is running for president and she is married to a former president and they have powerful connections. At the VERY least what she did should result in stripping her of her security clearance and her ability to ever handle classified information again (which would result in her not being able to be potus). I personally think she should be in jail. As someone that has had to undergo background checks and training on handling classified info what she did goes against everything you are taught. |
Gross negligence does require a level of intent, however, or at least awareness. Gross negligence is being informed that something bad could happen and then just not doing anything about it. Imagine something along the lines of a parent knowing that their kids are out playing in the street and just ignoring it. They can't be charged for murder, or manslaughter if their kids get run over, but they were aware that something dangerous could happen and failed to act. That is gross negligence, despite whatever Rudy Giuliani may want to redefine the term as. Convicting her of gross negligence would require proof that she knew that classified emails were being stored on private servers and did nothing about it, and that's ultimately where the hiccup was.