Some 2016 presidential candidates have not hesitated to label the mishandling of classified information as criminal, with former Arkansas governor Mike Huckabee calling Clinton’s actions “beyond outrageously illegal.” Even a New York Times article stated flatly, “Mishandling classified information is a crime.”
In fact, in a nod to the complexities of handling classified information, the law criminalizes only violations that are “knowing,” “negligent” or the like. The law falls short, however, in failing to give express protection to knowing releases of classified information by whistleblowers. The Obama administration has used the Espionage Act — a statute meant to target spies and traitors — to prosecute federal employees who revealed waste, fraud and abuse. Judges allowed these cases to go forward even though none of the defendants harmed or intended to harm national security.
Comey stated that she was negligent. She has been to college, was a senator from New York, Husband was president, Secretary of State and she bumbled along with numerous unsecured servers and devices that were hacked.