FBI Director James Comey stated today before the House Committee on Oversight and Government Reform that he disregarded 18 U.S.C. 793 in his decision to exonerate Secretary Hillary Clinton because nobody had been prosecuted under it in decades, therefore he only looked at 18 U.S.C. 1924, which requires a standard of intent.
I drafted an amendment, named “Hillary’s Law,” to remove the standard of intent, which would have removed Comey’s sole defense of Hillary.
On June 17, 2011, Hillary Clinton sent the following email from her insecure private server to a State Department official:
“If they can’t, turn into nonpaper w no identifying heading and send nonsecure.”
This appears to constitute the intent to remove without approval and retain classified material at what the FBI Director admits was an unauthorized location.
18 U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
The FBI Director owes a full explanation to the American people why this email does not constitute the standard of intent he described in his public statement and before Congress.
Please read my earlier article on the possible resulting effect of the FBI Director’s refusal to recommend the prosecution of Hillary Clinton.