Quote:
Originally Posted by CaramonLS
I don't know if it was actually proven prior to the FBI releasing their report whether or not the emails were actually marked as classified or not.
Jason Chaffetz questioning James Comey as he testifies before congress
I find the Q&A on this pretty intriguing, but the answer on what they didn't investigate her for perjury starts at roughly 1:20, but I would encourage you to watch the whole thing. |
The problem here is that you have a bunch of guys asking questions about the technical issues they know nothing about, and thinking they are cornering a guy who has been forced to go through all the technical issues of the system in question to make the prosecution decision. This video, of Buck grilling Comey shows what I mean.
There are two things to consider here. The installation of the email server, and then the reception of the information on said server.
The installation and use of a private server for government business should be a major crime. Unfortunately, it is not. That precedence was set a long time ago and until the law is changed you cannot nail someone for the use of this system. You have to nail them on the actual steps they take to secure the system, and then how they use the system to store and access information, but not for the existence of the server. Now this is where things get difficult for Mr. Comey, because it is the government’s dissemination rules that determine whether you have committed a crime through the reception and dissemination of information.
According to the FBI’s own policies, dissemination of information is the responsibility of the information owner, and the owner of the system from which it was disseminated. Someone receiving information improperly disseminated cannot be held responsible for receiving the electronic transmission of that data as they must receive it to determine the value of the data. What they do with it after the fact is the issue where criminal charges can, and do, take place. If a party receives information they know they should not be in possession of, they are to immediately delete the files and report the event to proper authorities, usually the originating agency which sent the information. This is classified as a “no-harm-no-foul” dissemination event. The party sending the information is actually the party that has to answer for the issue of transmission of sensitive data, not that party that receives it. To be clear, if you receive something you are not guilty of a crime unless you do something other than delete and report.
Now, once the data is received what happens next is crucial. If the receiver retains the message, they are then sitting on improperly disseminated data, and can be charged for possession of sensitive or confidential/secret data. Depending on the severity of the information this can be a very minor charge to a significant one. Where individuals get into real trouble is when they use that information or forward it. At that point you have become the party disseminating the information and the one considered in control of the communication. It is the act of transmitting data that is the problem.
To really dumb this issue down, it would be like you catching grief from your wife for getting porn spam to your email. You had no control over who sent you what, your email service was just set up to receive it. If you receive it and immediately delete it, your wife doesn’t give a rip. But if you receive that email, then use the links, or forward it to your friends, well then your wife has every reason to be miffed. Simplistic, but this is the way dissemination works. If someone sends you classified data, and you receive it (open it), then you self-report to the appropriate authorities, you have no fears of facing any prosecution.
Comey recognizes this and it is why he answers questions the way he does. Some of these questions are not fair because the individual asking him does not understand dissemination rules. This is the basis for the whole email fiasco. Clinton is guilty of not properly securing her server. After that it is only what she did after receiving emails with sensitive information. I suspect these are the 30,000 emails that were deleted, which is why the FBI is saying there are no actions they see as worthy of charges.