Wed Jul 6, 2016, 04:50 PM

We will continue to hear about cases like Hillary's that were, in fact, prosecuted. Here's a list.

And we're going to hear about all these similar cases where the defendant was prosecuted or disciplined, up until election day. Shout it loud, and shout it often!

- Former CIA Director John Deutch had agreed to plead guilty to mishandling government secrets, but President Clinton pardoned him before the Justice Department could file the case against him. He still lost his security clearance. One of his chief improprieties was, Deutch continuously processed classified information on government-owned desktop computers configured for unclassified use during his tenure as DCI. These unclassified computers were located in Deutch’s Bethesda, Maryland and Belmont, Massachusetts residences, his offices in the Old Executive Office Building (OEOB), and at CIA Headquarters. Deutch also used an Agency-issued unclassified laptop computer to process classified information. All were connected to or contained modems that allowed external connectivity to computer networks such as the Internet. Such computers are vulnerable to attacks by unauthorized persons.

-Nuclear scientist Wen Ho Lee was accused of downloading classified nuclear information from his own computer to a colleague’s non-secure computer and then onto 10 tapes. Lee was arrested, indicted on 59 counts, and jailed in solitary confinement without bail for 278 days until September 13, 2000, when he accepted a plea bargain from the federal government. Lee was released on time served after the government's case against him could not be proven. He was ultimately charged with only one count of mishandling sensitive documents that did not require pre-trial solitary confinement, while the other 58 counts were dropped. President Bill Clinton issued a public apology to Lee over his treatment by the federal government during the investigation. He received more than $1.6 million in a settlement with the federal government and five media organizations. The federal judge overseeing the case sharply criticized the prosecution's case, in particular "top decision makers in the executive branch ... who have embarrassed our entire nation and each of us who is a citizen."

- Naval reservist Bryan Nishimura was sentenced to two years of probation, a $7,500 fine, forfeiture of personal media containing classified materials and a loss of security clearance. Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system. ... The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.

- Lyle White, a Navy combat veteran and a Bronze Star recipient with more than 20 years of service exercised "bad judgment" when he took classified documents home. It was an act of laziness, Baxley said, "with no criminal intent, no nefariousness." White pleaded guilty under a pretrial agreement Wednesday to violating three military regulations: improperly storing classified documents on a non-secure site -- namely an external hard drive found at his Virginia Beach home; maintaining possession of the documents; and deliberately removing them from his Navy office without the authority to do so.

Others from the Washington Post:

- Marine Sgt. Rickie L. Roller went to jail for 10 months, forfeited $14,400 in pay, was reduced in rank and was dishonorably discharged after he tossed classified documents into a gym bag when he cleaned out his office at Marine Corps headquarters in Washington to prepare for relocation to a new post in 1989.

- Air Force Sgt. Arthur J. Gaffney Jr. was charged in 1983 with gross negligence for taking home classified information that he was supposed to have destroyed at work. On several occasions, he threw the classified material in a Dumpster outside his home, where it was discovered by neighborhood children. His guilty plea was upheld by a court of military review.

- Fritz Ermarth, a CIA senior intelligence analyst, was found to have written a document with the highest level of classification on his home computer, which was used to visit Internet sites. He was demoted in rank and salary, given a letter of reprimand barring raises for two years, and suspended without pay for a month. After the suspension, his clearances were restored, and he retired a year later.

- Norman A. Germino, a National Security Agency language analyst, was stripped of his security clearance and dismissed for taking a commercially available map, a list of vocabulary words and some computer instructions home before leaving for an overseas assignment. Germino says he forgot about the materials, which were later found by his ex-wife and reported to the NSA.

- Scott J. Chattin, a Navy code technician, was charged in 1989 with gross negligence and willful removal of a classified document, which he had stuffed into the front of his pants and taken home. Although the government did not allege espionage, Chattin was sentenced to four years in prison and given a dishonorable discharge.

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Reply We will continue to hear about cases like Hillary's that were, in fact, prosecuted. Here's a list. (Original post)
U.S.Awesome Jul 2016 OP
Lloyd Jul 2016 #1
RattyG Jul 2016 #2
Scary Red Jul 2016 #3
MeatSandwich Jul 2016 #4
Letmypeoplevote Jul 2016 #6
Letmypeoplevote Jul 2016 #5
brew9876 Jul 2016 #7

Response to U.S.Awesome (Original post)

Wed Jul 6, 2016, 04:58 PM

1. Not one of them is named Hillary Clinton

Democrat party nominee for president so absolutely no comparison

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Response to U.S.Awesome (Original post)

Wed Jul 6, 2016, 05:07 PM

2. Pleeeeeeeeeaaaaaaassssssseeee - the law is only for little people dont you know

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Response to U.S.Awesome (Original post)

Wed Jul 6, 2016, 05:47 PM

3. And we will continue to ignore them.

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Response to Scary Red (Reply #3)

Wed Jul 6, 2016, 06:03 PM

4. Why? Because they don't fit your far left wing narrative?

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Response to MeatSandwich (Reply #4)

Wed Jul 6, 2016, 07:23 PM

6. Your attempt at analysis on the intent issue flopped badly

Non-law review types are really fun to laugh at

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Response to U.S.Awesome (Original post)

Wed Jul 6, 2016, 07:22 PM

5. A POLITICO review shows marked differences between her case and those that led to charges. Read mor

There are strong differences between these cases and the Clinton case. This is a rather good analysis written so that even laypersons should be able to understand the concepts http://www.politico.com/story/2016/04/hillary-clinton-prosecution-past-cases-221744

The relatively few cases that drew prosecution almost always involved a deliberate intent to violate classification rules as well as some add-on element: An FBI agent who took home highly sensitive agency records while having an affair with a Chinese agent; a Boeing engineer who brought home 2000 classified documents and whose travel to Israel raised suspicions; a National Security Agency official who removed boxes of classified documents and also lied on a job application form.

Clinton herself, gearing up for her FBI testimony, said last week that a prosecution is “not gonna happen.” And former prosecutors, investigators and defense attorneys generally agree that prosecution for classified information breaches is the exception rather than the rule, with criminal charges being reserved for cases the government views as the most egregious or flagrant.

“They always involve some ‘plus’ factor. Sometimes that ‘plus’ factor may reach its way into the public record, but more likely it won’t,” one former federal prosecutor said.

A former senior FBI official told POLITICO that when it comes to mishandling of classified information the Justice Department has traditionally turned down prosecution of all but the most clear-cut cases.
Read more: http://www.politico.com/story/2016/04/hillary-clinton-prosecution-past-cases-221744#ixzz4DfoRAAhD
Follow us: @politico on Twitter | Politico on Facebook
Lets look at one of the silly examples listed above

Another attempted prosecution of a high-level official, former Director of Central Intelligence John Deutch, produced a more ambiguous result than the Petraeus or Berger cases.

Deutch was found to have had more than 70 classified documents or fragments thereof on unclassified digital media cards and computers used at his homes in Maryland and Massachusetts. Fourteen had classification markings. At least seven of Deutch’s memos to President Bill Clinton were found, some containing “Top Secret/Codeword” classified information.

Deutch agreed to plead guilty to a single misdemeanor count of mishandling classified information, but on
President Bill Clinton’s last day in office in 2001 he pardoned Deutch before the legal papers offering the plea were filed with the court.

“The Deutch case was quite a bit more egregious in terms of, by day, he would approve covert ops and this and that and at night go home and write a diary, a detailed recitation of his day, to include covert programs and the identity of covert operatives,” said Bill Leonard, former director of the federal Information Security and Oversight Office, a clearinghouse for classification standards and disputes in the U.S. Government. “He was actually creating these documents.”
Read more: http://www.politico.com/story/2016/04/hillary-clinton-prosecution-past-cases-221744#ixzz4DfosXmt8
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Here is another good example
Just last year, former Naval Reserve Commander Bryan Nishimura was charged with misdemeanor mishandling of classified information he acquired during his service in Afghanistan. He admitted that he often moved classified data, including satellite imagery, to unclassified systems and brought it back to the U.S. when he returned.

After coming under investigation, Nishimura threw some of the storage media in a Folsom, Calif. lake. He was sentenced to two years probation and a $7,500 fine.
Read more: http://www.politico.com/story/2016/04/hillary-clinton-prosecution-past-cases-221744#ixzz4DfpZO9in
Follow us: @politico on Twitter | Politico on Facebook
Again, there are always factors such a lying to the FBI involved. Petraeus used burner phones and lied to the FBI. Nishimura refused to cooperate and even tried to hide his crime by throwing material into a lake. These facts are what distinguish these cases from the Clinton case

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Response to Letmypeoplevote (Reply #5)

Wed Jul 6, 2016, 07:29 PM

7. Sure thing...

Sub sailor's photo case draws comparisons to Clinton emails


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