From David Martosko, Daily Mail
Hillary Clinton could be prosecuted in federal court for failing to tell President Barack Obama about her private email server at the time she was running it, according to a veteran FBI agent.
Obama said flatly during a ‘60 Minutes‘ interview on Sunday that ‘No,’ he did not know Clinton sidestepped security protocols with her a home-brew email setup while she was his secretary of state.
The FBI agent who spoke with DailyMail.com has had a 20-year career in federal law enforcement and serves in a supervisory capacity in a domestic FBI field office.
He said on Friday that failing to put Obama in the loop could be enough to send her to prison for ten years.
YOU THINK SHE’S ANGRY NOW? An FBI agent says Hillary Clinton could go to prison just for failing to tell President Barack Obama that she was sidestepping security protocols and running her own private email server when she ran the State Department
The federal Espionage Act includes a provision that criminalizes ‘gross negligence’ by officials charged with safeguarding national defense information.
ESPIONAGE ACT: THE LETTER OF THE LAW
… from 18 U.S. Code § 793 – Gathering, transmitting or losing defense information
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer —
Shall be fined under this title or imprisoned not more than ten years, or both.
Separately, the law’s text makes a criminal of any security clearance holder who fails to notify his or her ‘superior officer’ when a breach of security occurs through such negligence.
‘If investigators conclude that the former secretary [Clinton] was criminally careless in how she approached the security of the sensitive documents in her possession, then this part of the law could be used to prosecute her,’ the agent said, on condition of anonymity.
‘”Gross negligence” just means “serious carelessness”,’ he clarified.
His voice became more deliberate and quiet when DailyMail.com asked him to address the notification clause in what is technically known as ‘18 USC 793.’
‘The secretary’s superior is the President of the United States,’ the FBI agent noted.
‘So unless he were aware of what she was doing when she was doing it, it seems there could be a legal problem [for her].’
The FBI’s investigation of Hillary Clinton’s private email server is focusing on whether she violated the Espionage Act – especially the ‘gross negligence’ portions of the statute – according to a report Thursday from the Fox News Channel
The law applies to ‘any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense’ – even if it’s not considered ‘classified.’
It calls for a 10-year prison sentence for anyone convicted of ‘gross negligence’ that permits such information to be ‘removed from its proper place.
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Using an unsecured computer network to host sensitive information could qualify, according to the FBI agent who spoke with DailyMail.com on Friday morning.
‘The only way setting up your own email server for messages about sensitive information isn’t negligent is if it’s deliberate – which is far worse,’ he said.