Bruddah IZ
DA
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.