>We further found that the statute that required the most complex analysis by the prosecutors was Section 793(f)(1), the “gross negligence” provision that has been the focus of much of the criticism of the declination decision. As we describe in Chapters Two and Seven of our report, the prosecutors analyzed the legislative history of Section 793(f)(1), relevant case law, and the Department’s prior interpretation of the statute. They concluded that Section 793(f)(1) likely required a state of mind that was “so gross as to almost suggest deliberate intention,” criminally reckless, or “something that falls just short of being willful,” as well as evidence that the individuals who sent emails containing classified information “knowingly” included or transferred such information onto unclassified systems.
The Midyear team concluded that such proof was lacking. We found that this interpretation of Section 793(f)(1) was consistent with the Department’s historical approach in prior cases under different leadership, including in the 2008 decision not to prosecute former Attorney General Alberto Gonzales for mishandling classified documents. We analyzed the Department’s declination decision according to the same analytical standard that we applied to other decisions made during the investigation. We did not substitute the OIG’s judgment for the judgments made by the Department, but rather sought to determine whether the decision was based on improper considerations, including political bias. We found no evidence that the conclusions by the prosecutors were affected by bias or other improper considerations; rather, we determined that they were based on the prosecutors’ assessment of the facts, the law, and past Department practice.
We therefore concluded that these were legal and policy judgments involving core prosecutorial discretion that were for the Department to make.
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There is absolutely no comparison to what Gonzales did. Gonzales messed up once with no harm to national security. Hillary deliberately circumvented systems to protect secrets - for years.
So, all of this is just to further paper over Hillary’s blatant crimes and the FBI’s cover-up of same?
Yes the Gonzales comparison is out if the blue.
This really is mire Orwellian Nonsense.
The argument is because they denied sending any classified material they are not guilty, despite actually having done it.
While overseas Hillary told one of her staff people who was stateside to remove the classification header from a classified document and to send it to her over an unclassified communication device.