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Comment Re:No 'clear evidence' (Score 1) 1010

All of the statutes regarding document retention and the handling of classified material were in place during Clinton's time at State and for the most part several decades before that. Some additional guidelines/clarifications were put in place after her time in office but they had no fundamental impact on her violations.

For example, Obama put in force a direct time table as to how long before documents had to be transferred to archives whereas before it was more of a vague "in a timely manner" type wording. On document retention charges Clinton could argue that 2-3 years after leaving office and under threat of subpena was timely (and she has several times in the press) and it's possible she could find some jurors to agree with her, whereas Kerry wouldn't be afforded that excuse because it's now set in stone the exact number of days he has to send all his work documents to be stored. On the more serious charges of handling of classified materials, on the other hand, the same rules apply to Kerry as they did to Clinton.

Comment Re:"classified e-mail system"? WTF? (Score 1) 1010

The secure email system is not like opening up a second version of Outlook on your PC, they are usually stand alone terminals that are specialized to do one thing, keep the information they are transmitting secure.

So in this case there were actually 3 email systems in play.

#1: Clintons private server with all kinds of security flaws.
#2: The standard State Department email system (the .gov email address) which while mostly secure, has internet access and is therefore not permitted for high level classified materials either.
#3: SIPRNet, the real secure servers which are not connected to the internet and are used for actual classified materials (including top secret).

Various agencies have had their own internal severs hacked but SIPRNet data has only been leaked by people with direct access to a connected terminal (Chelsea Manning).

One of the issues here is that SIPRNet data was found in some of Clinton's emails and the only way for that to happen was to have someone transcribe it from the secure terminal in her office to the standard State system.

Comment Re:Its official, the FBI has become a joke. (Score 1) 1010

In the US, mens rea also includes the the 'reasonable person' standard which basically says that while the person who committed the offense may have had no intent of committing a crime through their actions, if a hypothetical average person could have foreseen that possibility then they can be convicted.

In this case in particular that is moot since the statutes she was accused of violating equates intent with gross negligence, meaning either is grounds for a conviction.

Comment Re:So find an unreasonable one (Score 1) 1010

Senators and Congressman (as well as Governors since that comes up a lot too) are not actually bound by the same rules of conduct or record retention laws as employees of the federal government which is all the SoS is. Elected officials have a lot more leeway in how they handle their internal office documentation.

That being said, the mishandling of classified materials, even by an elected official, can have repercussions but it's very hard to pin on them since they rarely do it directly and tend to use proxies (such as a friendly reporter) who aren't willing to reveal sources.

It's like letting off the bank robber because Mr. and Mrs. Smith got a mortgage from the same bank. Sure both parties got large sums of money from the same place but the rules in place and methods used to get that money were very different.

Comment Re:Suicide by politician (Score 1) 1010

Condoleeza Rice didn't use email (though she did have a .gov address) and so far the only thing dug up about Colin Powell were a couple of State Dept. documents on his personal email that were later classified (very low level stuff like calendars and such). He claims, and no one has been able to show otherwise, that all his handling of classified material, especially sourced from outside agencies, was completely managed through use of the internal classified mail servers.

Clinton, on the other hand, had emails on her private server that contained information that was only available on the secure server. At one point the investigators were supposedly questioning her subordinates about how they managed to access the data (they did not have clearance to log in) and the leading theory was she gave someone at the office her login credentials and they used that to transcribe the information into emails they would then send to her private account.

Comment Re:Suicide by politician (Score 1) 1010

Most of the classified material discussed previously was not created by State but was just State handling outside agency information. There was some wholly owned State Dept. material in the bunch but a lot of that was declassified after the fact to try to minimize the damage.

After this mess came to light the State department started going around to all the other agencies (NSA, CIA, etc...) to try and get them to declassifying their material to make Hillary's case look better but most, if not all, refused to play ball so yes, this was a case of her downloading and mishandling other peoples classified material.

Comment Re:Happens all the time in the private sector (Score 2) 1010

The SoS can only declassify materials originating withing the State Department itself. They have no authority to declassify any material originating within any other government agency or foreign source which was why when this first started up there was a parade of State Dept. personnel going to each other federal agency pleading for them to declassify their data to cover for Hillary. As far as I know, none of the other agencies complied.

Comment Re:At what point... (Score 1) 1010

Seriously, at what point does gross negligence become criminal?

When dealing with classified information it's right in the statute that it is immediately criminal. Comey even said in his statement that anyone else under the same circumstances would face sanctions but they weren't recommending any because no prosecutor would bring them to trial.

Comment Re:It's good to be king (Score 4, Informative) 1010

According to the statues there is no difference between negligence and intent so yes, except for volume, Clinton and Snowden were in violation of most of the same statues concerning classified materials. Snowden may have extra charges related to the means he used to extract the data and some actions he took afterward but the underling violations concerning the data itself are the same.

Comment Re:No 'clear evidence' (Score 5, Informative) 1010

The problem is for the statutes she was accused of violating there is no distinction between intent and negligence. Merely being aware of the existence of her server was technically a violation of the statues if not reported let alone being an active participant in their use. Then of course their is the know cases of document destruction which itself violates several statues.

Comey even went so far as to say that anyone else in the same situation as Clinton would most likely face sanctions but that they weren't suggestion any against Clinton simply because "no reasonable prosecutor would bring such a case".

Comment Re:rules about employees / 1099's need to reworked (Score 1) 218

Who sets the price is one of the least important aspects of determining who is a contractor or employee. Contractors rarely get to arbitrarily set their own prices. Sure they can ask whatever they want but once they decide to take a contract they have to agree to the terms and conditions of the person who they are contracted with and that will usually involve the price of the good or service they provide.

Often at places like farmers markets or sporting events the price of the sold good is at least partially set by the venue since they often receive a percentage of profits as part of the lease agreement and they also don't want to have uneven pricing across individual stalls. That doesn't necessarily make the workers at the individual stalls employees of the venue.

In the case of Uber the drivers could say they will not work unless Uber ups their rate or gives them a larger share but once they accept Uber's offer then they are bound by Ubers rules, which includes pricing structure, for as long as they decide to accept ride requests from the app.

The actual rules for determining contractor vs. employee are very gray. There are about a dozen or more conditions that are looked at and almost every job will meet conditions that would define their position as both a contractor and employee. There is no clearly defined line as to how many conditions have to be met to be one or the other which is why the courts get involved.

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