Machiavellian or dumb? Obama's take on Hillary Clinton's emails is hard to figure out | WHAT REALLY HAPPENED

Machiavellian or dumb? Obama's take on Hillary Clinton's emails is hard to figure out

His efforts to minimize his former secretary of state's diversion of emails from government-secured servers to her own non-secure home server by calling it “careless” may actually harm her in the eyes of the public or even serve as a dog whistle to the FBI. That’s because carelessness is a species of negligence, and espionage, which is the failure to safeguard state secrets by removing them from their proper place of custody, is the rare federal crime that can be proved by negligence -- to be precise, gross negligence.

Gross negligence is the failure to perform a high legal duty with the great probability of an improper result -- for example, driving a car 90 miles per hour in New York's Times Square. The high legal duty Clinton had was to safeguard state secrets; the improper result is the exposure of those secrets contained in her emails.

What did she do that was criminal, and who was harmed by her behavior?

Clinton knowingly diverted all of her governmental emails from secure government servers to her own non-secure server in her New York residence. Among the 60,000 emails she diverted were 2,200 that contained state secrets. Because the essence of espionage is the removal of secrets to non-secure venues, the crime is complete upon removal. So Obama’s statement in the Wallace interview that Clinton caused no harm is irrelevant. In espionage cases, the government need not prove that the defendant caused any harm.

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