Opinion

Hillary violated the Espionage Act

This letter was sent to Congress by the author.

To: Senator Chuck Grassley, Chairman, Senate Committee on the Judiciary; Senator Orrin Hatch, Vice Chairman, Senate Committee on the Judiciary; Senator Ronald Johnson; Representative Paul Ryan, Speaker of the House of Representatives; Representative Bob Goodlatte, Chairman, House Judiciary Committee; Representatives on the House Judiciary Committee: Trey Gowdy, Jim Jordan, Ron DeSantis, Matt Gaetz; and Representatives Steve Scalise,  Kevin McCarthy, and Devin Nunes.
Subject: Application of the Espionage Act to Hillary Clinton, et al.

Honorable Members of Congress,

Pursuant to my constitutional right to petition the government for a redress of grievances, and pursuant to my common law right to inform government officials of alleged crimes (United States v. Smith, 623 F.2d 627, 629 (9th CCA 1980)), I hereby present for your consideration an interpretation of pertinent sections of the Espionage Act as regards the conduct of Hillary Clinton, et al.

18 USC 793: Gathering, transmitting or losing defense information.

The red herring: It has been widely reported that replacing “gross negligence” with “extremely careless” constitutes a substantive and material legal difference.   Such is not the case.  The terms are sufficiently synonymous to connote the same meaning.

Quibbling over said terms distracts us from the crucially important disjunctive “or” found in subsection (f), sub-subsection (2): “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.”

Ms. Clinton violated 18 USC 793, by transferring and storing highly classified information on her private server, and thereby delivering it or making it available to unauthorized persons, such as the technicians who setup and maintained her server, Huma Abedin, Cheryl Mills, her personal attorneys and their staffs; and others to be identified.

Allegedly, Ms. Clinton failed “to make prompt report” of the noted activity to her superior officer, i.e., President Obama.

Ms. Clinton also failed to “to make prompt report” of the destruction of several Blackberry devices; thousands of emails which were government property, many of which contained classified information; and, destruction of computer hard drives.

It is evident that Ms. Clinton did not act alone.  Her co-conspirators include Huma Abedin, Cheryl Mills, her personal attorneys and their staffs, and many others yet to be identified. (See 793(f).)
It is pertinent to note, that Ms. Clinton’s property may be subject to forfeiture per 793, section (h).  Be mindful that her private server was located in her property, the server and the property may be forfeited.

18 USC 798: Disclosure of classified information.
“(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information-
“…
“(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes-
“Shall be fined under this title or imprisoned not more than ten years, or both.”

Allegedly, Ms. Clinton knowingly and willfully communicated or furnished or transmitted such classified information via her private server and otherwise made available to the unauthorized persons Huma Abedin, Cheryl Mills, the technicians who installed and maintained her private server, her personal attorneys and their staffs, and others to be identified; and, thereby, published or used classified information in a manner prejudicial to the safety or interest of the United States.

18 USC 792: Harboring or concealing persons.
The code states: “Whoever harbors or conceals any person who he [she] knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined under this title or imprisoned not more than ten years, or both.”

For the reasons stated above, it is alleged that Ms. Clinton has committed multiple violations of 18 USC 792.

Respectfully submitted on December 15, 2017.

John Lucas

John Lucas

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John Lucas

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