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<blockquote data-quote="Next Day Err" data-source="post: 5721851" data-attributes="member: 107379">You are not in the least dispassionate about Hillary. Here is an article from ABC News from the horse’s mouth (Comey).[URL unfurl=&quot;true&quot;]https://abcnews.go.com/amp/Politics/fbi-director-james-comey-hillary-clinton-email-probe/story?id=41044927[/URL]It&#039;s a complicated matter,&quot; Comey said of why Clinton could not be charged with violating a federal law that makes it a crime to exhibit gross negligence in handling classified information — regardless of intent.The statute was passed in 1917, without a &quot;great definition&quot; for &quot;gross negligence,&quot; he said, and even then lawmakers had &quot;a lot of concern ... whether that was going to violate the American tradition of requiring that before you go and lock somebody up, you proved they knew they were doing something wrong.&quot;The Clinton campaign official reiterated that Clinton did not believe the materials she was handling were classified.The Justice Department has brought charges under the law only once — in 2003, after it realized an FBI agent was having an 18-year affair with an FBI informant and sharing classified information and sensitive investigative details with her. The informant was a double agent and was passing that information to the Chinese government, creating &quot;compromises within the [FBI&#039;s] China program,&quot; as a report by the Justice Department&#039;s inspector general put it. Agent James J. Smith was charged with gross negligence in handling classified documents, and he ultimately pleaded guilty to a misdemeanor and was sentenced to three years of probation.Nevertheless, Justice Department officials — through Republican and Democratic administrations — have long had &quot;grave concerns&quot; that the law is &quot;invalid&quot; and would be challenged on constitutional grounds if used to bring charges again, Comey insisted.&quot;For 99 years, they&#039;ve been very worried about its constitutionality,&quot; he said.While some believe Clinton benefited from a double standard, Comey said, &quot;You know what would be a double standard? If she were prosecuted for gross negligence.&quot;</blockquote>

[QUOTE="Next Day Err, post: 5721851, member: 107379"] You are not in the least dispassionate about Hillary. Here is an article from ABC News from the horse’s mouth (Comey). [URL unfurl="true"]https://abcnews.go.com/amp/Politics/fbi-director-james-comey-hillary-clinton-email-probe/story?id=41044927[/URL] It's a complicated matter," Comey said of why Clinton could not be charged with violating a federal law that makes it a crime to exhibit gross negligence in handling classified information — regardless of intent. The statute was passed in 1917, without a "great definition" for "gross negligence," he said, and even then lawmakers had "a lot of concern ... whether that was going to violate the American tradition of requiring that before you go and lock somebody up, you proved they knew they were doing something wrong." The Clinton campaign official reiterated that Clinton did not believe the materials she was handling were classified. The Justice Department has brought charges under the law only once — in 2003, after it realized an FBI agent was having an 18-year affair with an FBI informant and sharing classified information and sensitive investigative details with her. The informant was a double agent and was passing that information to the Chinese government, creating "compromises within the [FBI's] China program," as a report by the Justice Department's inspector general put it. Agent James J. Smith was charged with gross negligence in handling classified documents, and he ultimately pleaded guilty to a misdemeanor and was sentenced to three years of probation. Nevertheless, Justice Department officials — through Republican and Democratic administrations — have long had "grave concerns" that the law is "invalid" and would be challenged on constitutional grounds if used to bring charges again, Comey insisted. "For 99 years, they've been very worried about its constitutionality," he said. While some believe Clinton benefited from a double standard, Comey said, "You know what would be a double standard? If she were prosecuted for gross negligence." [/QUOTE]

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