If I run over someone and didn’t INTEND to do it, I’m not liable. If I should shoot someone but you can’t nail down my INTENT, I’m off the hook, right? That’s as logical as what FBI Director Jim Comey wants us to accept in his absolution of not only Hillary Clinton’s use of a private server, but the Huma Abedin-Anthony Weiner’s illegal handling of the Clinton emails.
Jim Comey has written his own law, the Law of Intent, and he has used it to absolve the guilty parties.
All of the aforementioned are guilty of illegally sharing classified documents. All have been absolved because the Director could not find INTENT.
Intent does not matter as a rule of law because negligence is also covered under the law. The fact that Hillary Clinton, Huma Abedin and Anthony Weiner didn’t mean it is irrelevant.
Senator Ted Cruz alone addressed Comey’s illogical argument that blatantly distorts the law. Ted Cruz asked the pointed question:
“You described the reason why the case was closed against Ms. Abedin as that you could not determine she was aware her conduct was unlawful…Any first year law student learns in criminal law ignorance of the law is no excuse, and that mens rea does not require knowledge that conduct is unlawful.
In fact, the governing statutes – 18 USC 793f and 18 USC 798a – have no requirement of a knowledge of unlawful [intent]…under the terms of that statute, the fact pattern you described in this hearing [of Abedin’s behavior] seems to fit that statute directly. In that, if I understood you correctly, you said Ms. Abedin forwarded hundreds or thousands of classified emails to her husband on a non-government, non-classified computer. How does that conduct not directly violate that statute?”
Comey used past precedent as law and said no case has come up in fifty years that didn’t show intent. However, the law doesn’t call for intent. He then said it was his preference, not the law. In other words, he’s legislating from the offices of the FBI.
Cruz responded with appropriate disbelief:
“On its face, anyone dealing with classified information should know that conduct is impermissible. And let me ask you, how would you handle an FBI Agent who forwarded thousands of classified emails to his or her spouse on a non-government computer?”
Comey pretended it wouldn’t be an issue.
“I’m highly confident they wouldn’t be prosecuted.”
Just two days ago, Comey said he was investigating possible leaks to Rudy Giuliani and if he found there were, there would be “serious consequences”. He said much the same the day he announced he wasn’t prosecuting Hillary Clinton.