Quote:
Originally Posted by Stevecsd
|
Actually intent is right in the first section: Section (a)
Whoever, for the purpose of obtaining information respecting the national defense with
intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation,
Section (b) says:
Whoever, for the purpose aforesaid, and
with like intent or reason to believe,
"Purpose aforesaid" clearly refers back to (a) which to refresh your memory states: Whoever, for the purpose of obtaining information respecting the national defense with
intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation,
Section (c) begins with:Whoever, for the purpose aforesaid, again referring back to section (a) about intent.
Sections (d) and (e0 contain the words "Willfully communicates etc."
Willfully is defined as "Deliberate, voluntary, or intentional."
In order for those things to be true, there must be intent.
Let's say that Hillary Clinton was charged under this statute What would the prosecution have to prove?
They would have to prove that she had the intent to harm the United States. Section (a)
They would have to prove that she willfully sent information to a person or persons not authorized to receive it (Section (d) and (e)with the intent to harm the United States (Section (a)
They would have to prove that she refused to turn over such information On Demand to the person authorized to receive it. But since Clinton was the Secretary of State, she is always the one authorized.
Much was made of the fact that Huma Abedin sent classified material to her husband Anthony Weiner to print out for Clinton, since he did not have clearance. But, as I pointed out here,
https://news.clearancejobs.com/2012/...ty-clearances/
members of Congress are not required to have security clearances to access classified.
Looming over all of this is section (a) which clearly and unequivocally states that there must be
INTENT.