Ponderable

That is how it was explained to me by a retired federal HR EEOC administrator. I also think in the context of Mr. Comey's testimony it makes sense, sense he specifically stated non criminal.

Yeah we get HR training every year and there is a lot that applies to Federal employees that don't apply to Hillary and Bill.

Comey says:

"To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now."

Comey laid out a case for criminal charges according to the law with Hillary violating 18 U.S.C. 793(f), which states:

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 . . . Shall be fined under this title or imprisoned not more than ten years, or both.

(emphasis added)

In criminal law, unless strict liability applies, a statute can require four distinct mental states (“mens rea”) to commit a crime: (i) purpose, (ii) knowledge, (iii) recklessness, and (iv) criminal/gross negligence.
 
That is how it was explained to me by a retired federal HR EEOC administrator. I also think in the context of Mr. Comey's testimony it makes sense, sense he specifically stated non criminal.

Where did he state non-criminal? And why would he state "non-criminal"? That would be stupid for him to do so given the following:

violating 18 U.S.C. 793(f), which states:

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 . . . Shall be fined under this title or imprisoned not more than ten years, or both.

(emphasis added)

In criminal law, unless strict liability applies, a statute can require four distinct mental states (“mens rea”) to commit a crime: (i) purpose, (ii) knowledge, (iii) recklessness, and (iv) criminal/gross negligence.
 
That is how it was explained to me by a retired federal HR EEOC administrator. I also think in the context of Mr. Comey's testimony it makes sense, sense he specifically stated non criminal.
There are other very experience US prosecutors who said Comey is wrong in determining what a prosecutor might or might not do, that he should have presented the evidence to prosecutors & let them determine if they would prosecute. These same former prosecutors would have prosecuted Mrs. Clinton, that the fact that a private server was set up, along with the lies she told regarding deleting only private emails, claiming that no work related emails had been deleted & that her lawyers had review all emails that had been deleted, shows a pattern of deception, proving intent.
Since Comey presented his opinion another 14000 work related emails that HRC claimed had been turned over were found and released.
I'm looking forward to one criminal -Assange & wikileaks - releasing what he has on another criminal - Hillary.
 
There are other very experience US prosecutors who said Comey is wrong in determining what a prosecutor might or might not do, that he should have presented the evidence to prosecutors & let them determine if they would prosecute. These same former prosecutors would have prosecuted Mrs. Clinton, that the fact that a private server was set up, along with the lies she told regarding deleting only private emails, claiming that no work related emails had been deleted & that her lawyers had review all emails that had been deleted, shows a pattern of deception, proving intent.
Since Comey presented his opinion another 14000 work related emails that HRC claimed had been turned over were found and released.
I'm looking forward to one criminal -Assange & wikileaks - releasing what he has on another criminal - Hillary.

What is Assange's crime?
 
I think you are mistaking me for the Trump supporter David.
No Andy, that's not so...and you are not being mistaken for Obama supporter Jeremiah Alvesta Wright, either.
But do you care to comment on the glowing words Hillary had to say about Grand Wizzard Robert Byrd, "her mentor", at his funeral?
 
There are other very experience US prosecutors who said Comey is wrong in determining what a prosecutor might or might not do, that he should have presented the evidence to prosecutors & let them determine if they would prosecute. These same former prosecutors would have prosecuted Mrs. Clinton, that the fact that a private server was set up, along with the lies she told regarding deleting only private emails, claiming that no work related emails had been deleted & that her lawyers had review all emails that had been deleted, shows a pattern of deception, proving intent.
Since Comey presented his opinion another 14000 work related emails that HRC claimed had been turned over were found and released.
I'm looking forward to one criminal -Assange & wikileaks - releasing what he has on another criminal - Hillary.

If Comey is not applying the law now, it is unlikely that another 14,000 e-mails will change his mind. In fact, they may choose to find nothing in the 14,000 e-mails.

violating 18 U.S.C. 793(f), which states:

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 . . . Shall be fined under this title or imprisoned not more than ten years, or both.

(emphasis added)

In criminal law, unless strict liability applies, a statute can require four distinct mental states (“mens rea”) to commit a crime: (i) purpose, (ii) knowledge, (iii) recklessness, and (iv) criminal/gross negligence.
 
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If Comey is not applying the law now. It is unlikely that another 14,000 e-mails will change his mind. In fact, they may choose to find nothing in the 14,000 e-mails.

violating 18 U.S.C. 793(f), which states:

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 . . . Shall be fined under this title or imprisoned not more than ten years, or both.

(emphasis added)

In criminal law, unless strict liability applies, a statute can require four distinct mental states (“mens rea”) to commit a crime: (i) purpose, (ii) knowledge, (iii) recklessness, and (iv) criminal/gross negligence.
I don't expect Comey or the Dept of Justice to change their collective minds.
But the American public could be swayed. Obviously HRC has those that will support her and believe that she actually came under sniper fire and that she was dead broke when she left the white house, that a vast right wing conspiracy sent Monica to sexually assault WJC...
Comey took the easy way out...he made a great argument for prosecution then concluded he had no case...
Fact is she lied to congress under oath..
 
There are other very experience US prosecutors who said Comey is wrong in determining what a prosecutor might or might not do, that he should have presented the evidence to prosecutors & let them determine if they would prosecute. These same former prosecutors would have prosecuted Mrs. Clinton, that the fact that a private server was set up, along with the lies she told regarding deleting only private emails, claiming that no work related emails had been deleted & that her lawyers had review all emails that had been deleted, shows a pattern of deception, proving intent.
Since Comey presented his opinion another 14000 work related emails that HRC claimed had been turned over were found and released.
I'm looking forward to one criminal -Assange & wikileaks - releasing what he has on another criminal - Hillary.
Did those Prosecutors have all the details like Comey did? Are you suggesting Comey lied or was derelict in his duties as Director of the FBI?

Do you think the emails released are work related?
 
I don't expect Comey or the Dept of Justice to change their collective minds.
But the American public could be swayed. Obviously HRC has those that will support her and believe that she actually came under sniper fire and that she was dead broke when she left the white house, that a vast right wing conspiracy sent Monica to sexually assault WJC...
Comey took the easy way out...he made a great argument for prosecution then concluded he had no case...
Fact is she lied to congress under oath..
Why would Comey take the "easy way out"?
 
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