Actually, that would be "simple" rather than "gross" negligence...which is a very controversial (and arguably unconstitutional) standard for criminal culpability. The Espionage Act is also on pretty shaky constitutional ground for other reasons - the term "national defense" is incredibly vague - and there is pretty solid case law implying that a prosecution under its "gross negligence" standard probably would not pass constitutional muster. (Basically, the prosecutor would be seeking to imprison someone for inadvertently violating a vague standard.)Sarge wrote:Gross negligence doesn't require criminal intent, though. That's why it's gross negligence. I think someone gave the example of having a briefcase stuffed with papers and leaving it on a busy New York subway or something. Which in my mind is exactly what she was doing with that server.
World is Falling Apart Thread (Locked forever)
- prfsnl_gmr
- Next-Gen
- Posts: 12412
- Joined: Mon Jun 01, 2009 10:26 pm
- Location: Charlotte, North Carolina
Re: So the whole world is kind of falling apart...
- Erik_Twice
- Next-Gen
- Posts: 6251
- Joined: Fri Mar 27, 2009 10:22 am
- Location: Madrid, Spain
Re: So the whole world is kind of falling apart...
Michel Barnier and Guy Verhofstadt have been chosen as Brexit negotiators. As reddit comments put it "Dis gon be gud!"
Looking for a cool game? Find it in my blog!
Latest post: Often, games must be difficult
http://eriktwice.com/
Latest post: Often, games must be difficult
http://eriktwice.com/
Re: So the whole world is kind of falling apart...
This is gonna be a hell of a fight.Erik_Twice wrote:Michel Barnier and Guy Verhofstadt have been chosen as Brexit negotiators. As reddit comments put it "Dis gon be gud!"
Re: So the whole world is kind of falling apart...
I'd frame the argument in another way. Let's assume that Hillary Clinton did willfully ignore some security guidelines around an email server. That makes you uncomfortable about her willingness to pay attention to the rules. Do you believe that Donald Trump would be better at following the rules?
Blizzard Entertainment Software Developer - All comments and views are my own and not representative of the company.
Re: So the whole world is kind of falling apart...
The email issue is kind of two-pronged, far as I've seen.dsheinem wrote: Did she? I thought she did the same thing that all previous Secys of State have done in terms of email management, and it was only after her tenure that the policy was changed. Granted, there were previous non-security agency guidelines that were much less clear and explicit regarding email management for top officials, but as far as I can tell she just did what others such as Colin Powell before her had done.
First is the simple use of private email, which is more what the change of policy covers. Likely, they had a basic data retention policy in place either way, and simply assumed that employees would use the email address they were given for official purposes. It'd be kind of like renting a PO box and having your work mail sent there instead. I've had almost no users over the years that didn't simply use their university email for official business (at least).
However, occasionally, you do have people that just don't want all their email to be archived away for years and available for subpoena (which happens, and is one reason data retention policies are there). For State Department stuff, it really should be, but if they didn't have a hard rule on it, there's some leeway there. It'd still make for debates about why, and why the data wasn't turned over when an official policy was made, all that...but less clear cut.
The other issue is mishandling of classified material. That's the part that I see more people like my dad, who has worked in intelligence for decades, pointing fingers at. Part of having clearance levels is knowing how you can communicate classified information. Willfully sharing it is still taken fairly seriously, as Edward Snowden and Chelsea Manning found out. Seems more like Clinton just didn't take care with it, which isn't quite on the same level, but it'd still get most government employees in a lot of trouble.
To contrast, government offices that deal with top secret stuff have policies that disallow bringing in writable media of any kind, or any device capable of recording. At least one of my dad's offices I went to had "leper lights" - alarm style lights that were turned on if anyone was visiting the office that didn't have clearance, so people knew to limit conversation. They've got multiple computers for different clearance levels, with glue in the USB ports so they can't plug in memory sticks, and so on. Just deciding it's "too much trouble" isn't really an option, but Clinton did because (apparently) nobody could/would tell her "no".
Doesn't make other candidates better/etc, but she definitely violated policy in a big way and would be facing serious consequences were she almost anyone else.
That said, I half suspect that the FBI's investigation found a pattern of negligence at that level that wasn't limited to just her, contributing to their leniency
Re: So the whole world is kind of falling apart...
What did Clinton do wrong with anything classified, exactly?
Re: So the whole world is kind of falling apart...
Transmitted it on an unclassified network, which is more than against policy, it's illegal.dsheinem wrote:What did Clinton do wrong with anything classified, exactly?
- ElkinFencer10
- Next-Gen
- Posts: 8963
- Joined: Fri Aug 13, 2010 8:34 pm
- Location: Elkin, North Carolina
- Contact:
Re: So the whole world is kind of falling apart...
So excluding Dr. Stein who's only on the ballot in about half of the states, our choices are a criminal, a fascist (please note that I didn't say Nazi; they don't completely overlap), and a guy who doesn't even know the largest city in the world's (currently) largest warzone.isiolia wrote:Transmitted it on an unclassified network, which is more than against policy, it's illegal.dsheinem wrote:What did Clinton do wrong with anything classified, exactly?
What happened to having Jefferson run against Adams and McCain run against Obama? Why is it so rare to have legitimate choices? I honestly don't know who I'll vote for. It certainly won't be Trump, and not voting isn't an option to true patriots (inflammatory perhaps, but I adamantly stand by that). I guess I've got two months to choose between the crook and the moron.
Patron Saint of Bitch Mode
Re: So the whole world is kind of falling apart...
Actually, I think Obama has done a fair job, though I could care less on the mandated Health Care taking priority over jobs. The Philippine President is not my hero, just good that he is standing his ground stating the U.S. cannot dictate policy to his country. This is why we get in so much issues with different countries even when we try to help. No country wants to be counseled on how the country is run even when we brought Democracy there.J T wrote:PULLS NO PUNCHES!?!?!? He has people fucking killed! He has admitted to killing 3 people himself. When that woman in Australia was raped, his only concern was that the mayor didn't get to have her first. He wants journalists murdered who go against him. This is your fucking hero?!?!?! JESUS! Just because he hates Obama like you do?!? Please tell me your opinion is based on limited information. He is a real life monster.CRTGAMER wrote:Philippines Duterte calls Obama "*****"
The U.S. in some countries has been considered the bully and dictating policy, interesting on some of the latest events. In Laos, a stairway was not even brought out for Air Force One, President Obama had to come down in the airplane service ladder; geez some welcome!
In watching the video you can see Duterte getting more and more angry. I side with the Philippines President, who states he answers only to the Filipino people. Good for him, but could have been maybe a little more tactful to his U.S. ally!
Love the guy just like Trump, entertaining and pulls no punches!
CRT vs LCD - Hardware Mods - HDAdvance - Custom Controllers - Game Storage - Wii Gamecube and other Guides:
CRTGAMER Guides in Board Guides Index: http://www.racketboy.com/forum/viewtopi ... 5#p1109425
Re: So the whole world is kind of falling apart...
Well, the problem is that we give the vote to everyone who can work up the energy to fill out a form but don't have the energy to get informed about the issues.ElkinFencer10 wrote:What happened to having Jefferson run against Adams and McCain run against Obama? Why is it so rare to have legitimate choices? I honestly don't know who I'll vote for. It certainly won't be Trump, and not voting isn't an option to true patriots (inflammatory perhaps, but I adamantly stand by that). I guess I've got two months to choose between the crook and the moron.
I certainly can't work up the energy to make a truly informed voting choice, so I do my patriotic duty and don't vote.
Blizzard Entertainment Software Developer - All comments and views are my own and not representative of the company.
