Quote:
Originally Posted by Guest
Yes, mens rea or criminal intent is one of the elements of a crime. However, it does not apply to strict liability offenses. So, the answer is YES it applies to Hillary's email case. Her defense will be that she had no intent to violate the law.
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Not true. There is no intent needed to convict on mishandling of classified material. You would only need "intent" if you wanted to convict for something like Treason.
SF312 that she signed: (partial)
"3. I have been advised that the unauthorized disclosure, unauthorized retention, or
negligent handling of classified information by me
could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I
will never divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by
the United States Government to receive it; or (b) I have been given prior written notice of authorization from the United States
Government Department or Agency (hereinafter Department or Agency) responsible for the classification of information or last granting
me a security clearance that such disclosure is permitted. I understand that if I am uncertain about the classification status of
information, I am required to confirm from an authorized official that the information is unclassified before I may disclose it, except to a
person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the
unauthorized disclosure of classified information.
4. I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from
any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the
Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized
disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the
provisions of sections 641, 793, 794, 798, *952 and 1924, title 18, United States Code; *the provisions of section 783(b}, title 50,
United States Code; and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement
constitutes a waiver by the United States of the right to prosecute me for any statutory violation."