2seaoat wrote:18 USC 1924 ... no intention required, just "knowingly" .... this includes electronic communications .... look it up.
How could she not know drone & satellite intelligence was classified? (unless she was just incompetent, in which case she shouldn't have been SOS, much less POTUS)
So you claim to be ex Leo......and do not think intent and knowingly are the not same.......
Ah, Ah, Ah! Now you're twisting & turning, going through all kinds of gyrations, with all this made-up "
intent" BS.
T'was
you said their had to be "intent" to pass the classified information to a third party.
Not true. Read the freaking statute. The only "intent" mentioned in the statute is that she intended to retain the information at an unauthorized location
(i.e. ... she did not transmit or bring the information home via accident/oversight or accidentally push a key on her government computer that accidentally transmitted to her home computer or private e-mail account.) Her private home computer was not an authorized location.
And sorry to inform you .... but "intent" and "knowing" are not the same thing.
Per the statute all she had to do is know the information was classified, and to have intentionally stored it in an unauthorized location
(her private, home, improperly secured, non-government computer.) There doesn't have to have been any
"intent" to pass it to a third party, as you allege, for to be in violation of the statute.
18 USC 1924
Unauthorized removal and retention of classified documents or material
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
(b) For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).
(c) In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security. https://www.law.cornell.edu/uscode/text/18/1924
I have handled classified materials. All government employees
(including military) who handle classified materials receive training in this and are informed there can be criminal consequences. Even the lowest level civil service secretary or private who handles classified materials knows you can't take it home, or store/transmit it on, or to, unauthorized computer.