Ponderable

[Bruddah IZ]

Again, you have made your opinion quite clear.

My opinion is nothing compared to the law.

 

[Andy Dukes]

And the applicable laws?

Which applicable law did Comey say she ran afoul of? I do not remember him agreeing that she did.

 

[Andy Dukes]

My opinion is not as important as Comey's

On that we completely agree.

 

[Bruddah IZ]

Which applicable law did Comey say she ran afoul of? I do not remember him agreeing that she did.

Neither do I. I am not surprised that you forgot the law though.

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.

 

[Bruddah IZ]

On that we completely agree.

Oh good. So that just leaves the facts and the law.

 

[Andy Dukes]

Neither do I. I am not surprised that you forgot the law though.

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 was not commenting on the law in your opinion she broke. I was commenting on Comey.

 

[Bruddah IZ]

Which applicable law did Comey say she ran afoul of? I do not remember him agreeing that she did.

You suppose Comey was ignorant of the law?:

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]

Oh good. So that just leaves the facts and the law.

And the opinion of Comey and his agents.

 

[Bruddah IZ]

I was not commenting on the law in your opinion she broke. I was commenting on Comey.

I thought we agreed my opinion didn't matter?

 

[Andy Dukes]

You suppose Comey was ignorant of the law?:

.

I do not think Director Comey is ignorant of the law. Do you?

 

[Bruddah IZ]

And the opinion of Comey and his agents.

Sure. I don't want to leave their opinions out of this at all!! It's important for us to see where laws may be irrelevant or not applicable.

 

[Andy Dukes]

I thought we agreed my opinion didn't matter?

We did but you keep posting a statute that in your opinion is germane.

 

[Bruddah IZ]

I do not think Director Comey is ignorant of the law. Do you?

No, not at all. He said in other circumstances he would apply the following law:

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.

 

[Bruddah IZ]

We did but you keep posting a statute that in your opinion is germane.

Again, take my opinion out of this and the law with it if you like.

 

[Andy Dukes]

No, not at all. He said in other circumstances he would apply the following law:

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.

He also went on to describe the differences between other cases and this case when testifying under oath in front of the House subcommittee.

 

[Andy Dukes]

Again, take my opinion out of this and the law with it if you like.

I have no standing in if the law is germane or not.

 

[Bruddah IZ]

He also went on to describe the differences between other cases and this case when testifying under oath in front of the House subcommittee.

Are the differences in other cases germane?

 

[Bruddah IZ]

I have no standing in if the law is germane or not.

Right. But your opinion like mine is not important.

 

[Andy Dukes]

Are the differences in other cases germane?

That is what his testimony sounded like to me.

 

[Andy Dukes]

Right. But your opinion like mine is not important.

It is only important to me and how I view the participants.

 

[Bruddah IZ]

Was Hillary entrusted with Top Secret information?