HILLARY CLINTON’S PRIVATE EMAIL USE LIKELY DOES NOT RISE TO THE LEVEL OF CRIMINAL ACTIVITY

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Hillary Clinton’s use of her personal emails while serving as Secretary of State showed controversial judgment on her part but based on information currently disclosed, likely falls short of criminal activity. Title 18 of the United States Code, Section 798 criminalizes knowing and willful conduct on the part of the actor. In Clinton’s case, the government would be required to prove this mental component and that the information disclosed was specifically categorized as classified at the time, and the content of the email was to the detriment of the safety and interests of the United States. The burden of proof, measured by the standard of beyond a reasonable doubt, would be on the government. It seems clear that this burden would be particularly difficult to sustain based on what has been revealed so far. However, the fruits of the investigation have not been made public and it is possible that incriminating information may surface. But it appears unlikely that there will be adequate evidence to support knowing and willful conduct on her part. Regardless, Clinton showed poor judgment. 

 

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