“Page #164, footnote #124”
Ok.
Post it.
124
The legal framework for the Midyear investigation and the basis for the decision not to recommend or pursue prosecution of former Secretary Clinton or her staff are described in Chapters Two and Seven, respectively. Even though Section 793(f)(1) does not require intent, prosecutors told us that the Department has interpreted the provision to require that the person accused of having removed or delivered classified information in violation of this provision possess knowledge that the information is classified. In addition, based on the legislative history of Section 793(f)(1), the prosecutors determined that conduct must be “so gross as to almost suggest deliberate intention,” be “criminally reckless,” or fall “just a little short of willful” to meet the “gross negligence” standard.