Quote: 

Nevermind, see below...

 

To me, as I predicted, the term "gross negligence" is the thing that Comey probably felt was not met, and is what this whole thing boils down to.  Could he have recommended an indictment?  Yes, but he felt based on the facts that it not not reach the criminality threshold.

 

(f)

<div style="font-size:10pt;color:rgb(51,51,51);font-family:Verdana, 'Helvetica Neue', Helvetica, Arial, sans-serif;">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—
<p style="font-size:10pt;">Shall be fined under this title or imprisoned not more than ten years, or both.


 

</div>

 

No, that's not what he said.  The legal definition of Gross Negligence is Carelessness in the extreme.  When you use the words "extremely careless," then that means that you are acknowledging that the standard of Gross Negligence has been met. 

 

What Comey said was that "Ususally when someone is prosecuted they demonstrate some clear intent to harm the united states."  1.) That doesn't meet the text of the statute, it re-writes it.  2.) there were at least 8 chains of conversation that included SPECIAL ACCESS PROGRAM intelligence.  That is the highest level of classification.  Usually, that kind of information is housed in a stand alone system that only a few people have access to.  It is speculated to have been a satellite image of NK or something to that affect.  The presence of that information on any system outside the SPECIAL ACCESS PROGRAM system is plain evidence of gross criminal misconduct simply by it being moved.

 

Further, under the freedom of information act and other record keeping requirements of the federal government the Secretary of state is responsible to archive ALL work related E-mails, classified or otherwise.  The idea that any work e-mails were deleted demonstrates criminal misconduct. 

 

It is also applicable that in most circumstances once a method of communication or storage facility is contaminated with classified or work e-mails that the entire system rises to that level of classification, or in the case of record keeping under federal law once you use it for work then the entire server should have become public records which she was obligated to maintain (Comey specifically mentioned her affirmative obligation to maintain a record of her work.) 

 

The Idea that she could have a server DECOMISSIONED and have the email software stripped, Selectively delete emails that her lawyers never actually read, or set up a private server without the express permission of the federal government is a fundamental act of obstruction of justice.  James Comey Dismissed this entire line of criminal inquiry. 

 

This was a set up.  There were roughly 15 to 18 different statutes that she plainly violated and they only focused on one.  This is an affront to anyone who has ever actually had to interact with the Criminal justice system.  It's a real affront to anyone who was ever arrested for a crime they didn't commit and had to plea bargain because they couldn't afford a high priced team of attorneys and just wanted to be able to talk to their families again. 

 

I used to be a more committed Democrat that anyone on this board.  As a young black kid it was important to me to find what I thought was the best party or group to look out for my specific interests as I went into the work force.  I was especially concerned with the miscarriage of justice against people of color.  what I found out was, that when push comes to shove the political elites that claim to care so much still take their get out of jail free cards just like the rest of them. 

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