@parados,
Quote:It is willful ignorance on your part to understand if the were not removed from their proper place then there is no crime. This isn't me being clever. This is me reading the law as written.
I've already pointed out to you that the proper place of custody for her government business emails was a secure state site. She failed to place them there. I've pointed out the ridiculousness of your argument. You believe that since she failed to place them in the proper place, she is immune to being called out for having them in an improper place. There is no way that you don't understand what I'm saying here. But I realize that you're desperate to clear Clinton of any wrong doing. Good luck with that.
Quote:You keep coming up with more red herrings and idiotic assumptions. US Code 188 section 793 says absolutely nothing about keeping records for the National Archives.
The code doesn't have to say anything about keeping records for the National
Archives. Maybe this will help you come to terms with the fact that Regulations from the National Archives and Records Administration at the time required that any emails sent or received from personal accounts be preserved as part of the agency’s records, and that Clinton and her aides failed to do so.
But according to this:
Whoever, being entrusted with or having lawful possession or control 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—
. . . Clinton is guilty of gross negligence. And if you are going to insist that "intent" is a qualification, then I should remind you that even Comey knows that intent is not one of the qualifications.
Remember this from Comey:
"Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities."
Comey contradicted himself by first drawing a distinction between an intentional act and gross negligence, and then later claiming that there was no evidence of intention on Clinton's part, and so no charges of gross negligence can be filed.
From the New York Times:
Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.
Quote:You seem to think your ignorance is a good excuse to keep making ridiculous arguments. Your ignorance is not an excuse at this point. It seems you are determined to show us your ignorance in spite of having things explained to you simply.
I don't see a rebuttal to anything in this comment.
Quote:1. name the item.
2. Tell us the proper place for the item.
3. tell us when or how the item was removed from it's proper place.
4. Show us that Clinton was responsible for the removal.
And here you go again with trying to excuse Clinton on a technicality that makes sense to only you. I'll try to put it in even more simple terms for your edification. The emails were supposed to be in their proper place. But they were not. They were in Clinton's possession. And why were they in Clinton's possession? Because Clinton failed to deliver them to their proper place of custody. Therefore, Clinton is guilty of not placing them in their proper place of custody, which means that Clinton is responsible for the emails not being in their proper place.
Like I said, your silly argument boils down to my example whereas if I drive the delivery truck for Walmart, and I bypass the warehouse and deliver it to my garage instead, according to your flawed logic, I can't be charged for illegally having Walmart's stuff because I never removed it from the warehouse. Silly, huh?
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Oh, and this just in:
Hillary’s email scandal is a gift that keeps on giving for political opponents. On October 31, Judicial Watch (JW) released new State Department documents – revealing email exchanges of classified information between her and top aide Huma Abedin on an unsecure server, saying:
“Judicial Watch today released 323 pages of new Department of State documents, including previously unreleased email exchanges in which Clinton and top aide Huma Abedin sent classified information over Clinton’s clintonemail.com unsecure email system.”
“According to Freedom of Information Act (FOIA) exemptions cited in the documents obtained by Judicial Watch, three of the Clinton-Abedin email exchanges contained material ‘
classified to protect national security.’ “
“Also included in the newly obtained documents is an additional instance of the State Department doing special favors for a high-dollar Clinton Foundation donor.”
“And the documents include instances of the distribution by State Department officials of Clinton’s government schedule to members of the Clinton Foundation staff.”
“The documents contain not previously turned over to the State Department, bringing the known total to date of such emails uncovered by Judicial Watch to 238 new Clinton emails (not part of the 55,000 pages of emails that Clinton turned over to the State Department).”
“These records further
appear to contradict statements by Clinton that, ‘as far as she knew,’ all of her government emails were turned over to the State Department.”
“The new records include three separate Clinton-Abedin email exchanges withheld in part from Judicial Watch under the State Department’s ‘B1’ FOIA exemption, applying to
‘Information that is classified to protect national security.’ “
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