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[–] 8Hz_WAN_IP 1 point 10 points (+11|-1) ago 

Neither does transmitting top secret information on non secure networks. That is the point.

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[–] laikaislost 2 points -2 points (+0|-2) ago 

Case history is pretty clear on the issue that it requires intent. No one has ever been convicted by a court for just accidentally removing classified documents, those people have only had administrative punishment. It would not be right to hold Clinton to a different standard than the other cases in history just because we don't like her.

This is the point Comey was making, which fell on deaf ears apparently.

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[–] intrepiddemise 1 point -1 points (+0|-1) ago 

Under 18 USC 793:

"(f) 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, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both."

She set up a private e-mail server to do her official (and unofficial) work while acting as Secretary of State, despite knowing that there was an official option (government servers, which are required). Her use of an unsecured server to conduct official business, knowing that some of the information she received might be classified, constitutes gross negligence: by default, those classified documents were "removed from [their] proper place of custody".

If there's one thing that flies in the face of what you've said here, it's the the FBI director said that she was "extremely careless" with classified information (his exact words). However, somehow that does not qualify as "gross negligence" under 18 USC 793. He did not explain how that could be the case, and his conclusion that she should not be prosecuted seemed in direct opposition to what he had said about her right before his stated decision not to indict.

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[–] 8Hz_WAN_IP 1 point -1 points (+0|-1) ago