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[–] jabba 0 points 8 points (+8|-0) ago 

Where there is no mens rea mentioned in a federal statute, a standard of "recklessness" is usually read in. Clinton and Abedin were likely reckless, since that only requires that they acted while consciously disregarding a substantial and unjustifiable risk. It is farfetched to believe that they didn't understand there was a risk. Comey is obfuscating the issue by excusing their behavior through a mistake of law defense, which is inappropriate. Comey is seemingly acting as investigator, prosecutor, and defense attorney. A jury would almost certainly find that Clinton and Abedin acted recklessly, and that ignorance of the law is no excuse. Their actions were too egregious; any reasonable person would have inferred the illegality of sharing top secret data. Because they were in the field, and presumably experts, they should be held to have known that sharing data was illegal. A plethora of expert witnesses could testify about why that would be the case.