Should Hillary Clinton have been prosecuted for her handling of classified information? The answer has nothing to do with intent. There is no intent clause in the handling of classified material. You either handle it properly or you get prosecuted. People that have handled all levels of classified information cringe when ‘intent’ is brought up. The answer should be: “It was Classified, stupid!” Rehash all the arguments here.
As Written and Reported By David French for the National Review:
I know this is ancient history, but — I’m sorry — I just can’t let it go. When historians write the definitive, sordid histories of the 2016 election, the FBI, Hillary, emails, Russia, and Trump, there has to be a collection of chapters making the case that Hillary should have faced a jury of her peers.
The IG report on the Hillary email investigation contains the most thoughtful and thorough explanation of the FBI’s decision to recommend against prosecuting Hillary. At the risk of oversimplifying a long and complex discussion, the IG time and again noted that (among other things) the FBI focused on the apparent lack of intent to violate the law and the lack of a clear precedent for initiating a prosecution under similar facts. It also describes how the FBI wrestled with the definition of “gross negligence” — concluding that the term encompassed conduct “so gross as to almost suggest deliberate intention” or “something that falls just short of being willful.”
After reading the analysis, I just flat-out don’t buy that Hillary’s conduct — and her senior team’s conduct — didn’t meet that standard. The key reason for my skepticism is the nature of the classified information sent and received. Remember, as Comey outlined in his infamous July 5, 2016 statement, Hillary sent and received information that was classified at extraordinarily high levels:
For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving…..
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