Trick or Treat Hillary
1-2, They’re coming for you
3-4, better lock your door
5-6, this can’t be “fixed”
7-8, you’ve sealed you fate
9-10, YOU’RE GOING TO THE PEN!
Trick or Treat Hillary, Will Hillary Clinton be indicted?
The evidence is mounting quicker than Hillary can delete it. Could it finally be time for Hillary Clinton to Pay the Piper? If not, we have zero justice in America! We have people indicted every day for far less. What makes Hillary special? NOTHING!
mens rea (noun, definition)
- the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
- It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. “the act is not culpable unless the mind is guilty”.
Here are 8 Federal laws Hillary Clinton is guilty of breaking. Trick or Treat Hillary
1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information
A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.
2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, ( which Hillary hasn’t) the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The *mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.
3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally
To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The *mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.
4.) 18 U.S. Code § 641 – Public money, property or records
Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, (Hillary hasn’t) the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the proof is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.
5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
If it can be proven that an accused destroyed, (like with a hammer) withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment, and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The *mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.
6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations
If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The *mens rea is the intent to hide or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.
7.) 18 U.S. Code § 1031 — Fraud against the United States
- 18 U.S. Code § 1343 – Fraud by wire, radio or television
- 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
- 18 U.S. Code § 371 – Conspiracy to defraud the United States
If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The *mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.
8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense
If any accused and any third-party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.
Trick or Treat Hillary. The bad news for any public servant who risks the compromise of classified information or otherwise violates any of the other federal criminal statutes listed above. Risk prosecuting and convictions in the mishandling of classified information and other criminal violations of the public trust.
However, Hillary Clinton is anything but naïve, and she knows it. She and her senior aides will not even be formally investigated by this Justice Department, much less indicted. Will the president allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible? However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama can simply use that famous pen of his to issue a simple pardon and make the formal mockery of the concept of equal justice.
Then we go to Treason!
In law, treason is the crime that covers some of the most extreme acts against one’s nation or sovereign.
18 U.S. Code § 2381 – Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
A person who commits treason is known in law as a traitor. Oran’s Dictionary of the Law (1983) defines treason as “…[a]…citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation].” In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor.
Outside legal spheres, the word “traitor” may also be used to describe a person who betrays (or is accused of betraying) their own political party or nation.
In English law, high treason was punishable by being hanged, drawn and quartered (men) or burnt at the stake (women), although beheading could be substituted by royal command. Those penalties were abolished in 1814, 1790 and 1973 respectively.
In 1790, the Congress of the United States enacted that:
“If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States, or elsewhere, and shall be thereof convicted on confession in open Court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and SHALL SUFFER DEATH!
Treason is an act of disloyalty or betrayal of trust to a person’s own government. Examples include the assassination of a state figure, fighting against his or her own nation in a war, assisting enemy combatants, or passing vital government information to the enemy. Historically, this crime has been severely punished, because an act of treason can destroy a nation. In the modern-day, a conviction is accompanied at a minimum by a long jail sentence and a heavy fine and may merit the death penalty under certain circumstances.
Was Hillary Clinton’s private email server a violation of government? Was Obama’s emails to and from Hillary Clinton a violation of government? Was both of them lying about it, a violation of government? Was the arming of Isis by Hillary and Obama an act of treason?
I’ve laid out the facts, codes, and definitions, now you decide.