.Although there is evidence of potential violations of the statutes regarding the
handling of classified information, my judgment is that no reasonable prosecutor
would bring such a case. Prosecutors necessarily weigh a number of factors before
bringing charges. There are obvious considerations, like the strength of the
evidence. But they must be balanced against things like the intent and context of
the person’s actions.
To be clear, this is not to suggest that in similar
circumstances, an individual who engaged in this activity would face NO
consequences. To the contrary, such individuals are often subject to security or
administrative sanctions. But that decision is not what is before me now.
SO WHILE HE IS LETTING HRC OFF HE IS THREATENING THE REST OF US NOT TO DO IT !
THIS WHOLE THING WAS BULLSHIT
THIS IS PARAGRAPH SCRATCHED OUT
Although there is evidence of potential violations of the statute proscribing gross
negligence in the handling of classified information and of the statute proscribing
misdemeanor mishandling, my judgment is that no reasonable prosecutor would
bring such a case. At the outset, we are not aware of a case where anyone has been
charged solely based on the “gross negligence” prohibition in the statute. In
looking back at our investigations in similar circumstances, we cannot find a case
that would support bringing criminal charges on these facts. All the cases
prosecuted involved some combination of: (1) clearly intentional misconduct; (2)
vast quantities of materials exposed in such a way as to support an inference of
intentional misconduct; (3) indications of disloyalty to the United States; or (4)
efforts to obstruct justice. We see none of that here.