Ponderable

Andy Dukes said:
No. There was no negligence and he did not remove from it's proper place.
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Right, not like Hillary did. But the law does say

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.
 
Andy Dukes said:
I did not say that. I say he took an unusual step that put him in an ethically challenged situation but his belief that folks should know overshadowed the professional thing of staying quiet. None of that makes her actions criminal.
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Sounds like a punt to me. I'm going to add Comey to my Fantasy Football team today!!
 
Bruddah IZ said:
Adult status temporarily re-intstated.

Do you see that the following is applicable to Assange?

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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U.S.C. only applies in US territory or to US citizens acting in certain ways outside of US territory, unless a foreign government in the place where the actions took place feel they have an interest in enforcing it.

That was true, at least, up until the time that w's DOJ started crafting artful deceptions to justify gathering up combatants in foreign wars as if they were occurring in US jurisdiction.
 
espola said:
U.S.C. only applies in US territory or to US citizens acting in certain ways outside of US territory, unless a foreign government in the place where the actions took place feel they have an interest in enforcing it.

That was true, at least, up until the time that w's DOJ started crafting artful deceptions to justify gathering up combatants in foreign wars as if they were occurring in US jurisdiction.
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It sucks to be Assange then.
 
Andy Dukes said:
Typical of when he gets stuck in a no win. He spins in the corner hoping you won't notice the dump he took in the middle of the floor.
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Typical of when you get "stuck in a no win" because of 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.



Keep Whirling you Dervishes.
 
Bruddah IZ said:
Typical of when you get "stuck in a no win" because of 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.



Keep Whirling you Dervishes.
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What did Comey state about criminal activity in this case?
 
Andy Dukes said:
They have as much status as you and I in this matter. They also have as much information.

Either Comey did what he thought was legally correct or he lied and was derelict in his duty. No third option available.
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Sounds like three options to me.

1. He lied
2. He was correct
3. He was derelict

I'm good with #2 because Comey's speech laid out Hillary's criminal actions: 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'm good with #3 because despite the above he chose not to apply the law to Hillary "at this time".
 
Andy Dukes said:
What did Comey state about criminal activity in this case?
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You can watch the video or read the transcript if you dare. I have, and found the following to be applicable:

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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