Saturday, March 9, 2019

18 USC 973f, "Grossly Negligent", and the Question of Intent

Hat tip The Epoch Times

Why "grossly negligent" changed to "extremely careless" was so important


The Epoch Times has published a story that is apparently based on the Congressional testimony of Lisa Page, one of the FBI players involved in the Hillary Clinton email whitewash. According to what is quoted in her testimony, Page stated that it was the Department of Justice, under then-Attorney General Loretta Lynch, that prevented the FBI from charging Hillary Clinton for "gross negligence", crucial language contained in 18 USC 973 f, a statute which specifically does not require intent. Previously, we had learned that James Comey, in his July 2016 public statement on the Clinton email investigation, had changed the words, "grossly negligent" to "extremely  careless". That was no minor change though I am hard pressed to explain the difference in meaning. The problem is that it would have been impossible for Comey to justify using the former expression while, at the same time, not charging Mrs Clinton for violation of 18 USC 973f.

https://www.theepochtimes.com/exclusive-doj-prevented-fbi-from-pursuing-gross-negligence-charges-against-clinton_2815097.html

If this report is accurate, the DOJ and FBI's bizarre legal reasoning in deciding not to prosecute Clinton has just become even more absurd. This is especially so since, according to the article, the FBI used 18 USC 973f in obtaining a search warrant during the investigation.

Furthermore, did investigators really need to prove that Clinton knew what she was doing was illegal? She was the secretary of state. Upon taking office, she had signed documents explaining her duties when it came to classified information. Every junior foreign service officer in his or her first overseas assignment knew what the rules were. I myself knew because when I was stationed in Thailand and Italy with DEA in the 1970s and 80s respectively, we had to use the State Department's communication system, which then consisted of cables. We had to adhere strictly to their rules of classifying and handling documents. What Clinton did was tantamount to the head of DEA smoking dope in his or her office and claiming ignorance of the law.

This is not a proud chapter in the history of the FBI and DOJ. Someone must be held accountable.

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