Re: Here's the math that does not add up
"The statue in question (the Espionage Act) specifically states that intent is not to be allowed as a defense".
I'd like to see that wording. Here's some wording I have found:
(a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States...
(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe...
(c)...having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter..
(d)... transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it,
(e) Whoever having unauthorized possession of...
(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..
f is probably the most interesting one, but it requires proof someone accessed documents (hacked) due to gross negligence. Maybe it happened, but somebody has to prove it. The other sections don't apply to any of her alleged actions or require proving intent.
A different section says this:
(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—
Here you have to prove 'knowingly' (she knew it was going to be hacked) and 'willfully' did it anyway. Good luck proving that.
These statutes CLEARLY speak to intent, so which broadcast on Faux News told you otherwise (or please quote the applicable statute)?