Intent Not Needed…. All That Is Needed Is “Negligence” or “Extreme Carelessness”

18 U.S. Code § 793 – Gathering, transmitting or losing defense information

(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or

(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.

Emphasis mine.

The language is plain. The FBI did not have to prove intent. Hillary’s “carelessness” was enough for prosecution. There are too many Americans that have unintentionally removed, distributed, etc. sensitive information that have been fined and/or jailed. The Democrats remain above the law.

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S.A.F.E.

Coming to a State near you:

The SAFE (“Secure Ammunition and Firearms Enforcement”) Act was presented to the New York State Senate and passed into law in 15 minutes.  No debate was allowed, and senators did not have time to read the bill before voting it into law.

The SAFE Act is a complete ban on the sale or transfer of all military-style semi-automatic rifles manufactured within the past several decades.  It is a total ban on the AR-15, AK-47, M-14/M-1a, HK G3, Steyr AUG, and many other civilian copies of military firearms.  Prior to the passage of the law, Gov. Cuomo publicly stated that he was considering “confiscation” of existing rifles, but the final version of the law allowed existing owners to keep their rifles as long as they registered them with the State.  Upon the death of the owner, the rifle will be confiscated; it cannot be transferred to an heir within New York State.

Like most, if not all liberal policies, this too will accomplish nothing. I heard the other night that guns purchased at gun shows accounted for less than 1/2% of all gun crime, but that doesn’t stop liberals from using gun shows as the example of our “out of control” gun culture. The Democratic Party must be stopped if America is to continue it’s rich history.

http://www.americanthinker.com/blog/2015/10/court_decision_paves_the_way_for_australianstyle_gun_ban.html

Weekend Open Thread – Gross Negligence Version

Democrats are desperately trying to paint Hillary’s server debacle as simply a partisan attack with no “there there” following Kevin McCarthy’s comment, but the FBI has another term for it – Gross Negligence, which carries a possible ten year sentence and there is no doubt that she is guilty:

Under 18 USC 793 subsection F, the information does not have to be classified to count as a violation. The intelligence source, who spoke on the condition of anonymity citing the sensitivity of the ongoing probe, said the subsection requires the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location.

Through deleting emails after being notified to turn over her server, to allowing her attorney, without security clearance, to have a flash drive of those sensitive emails, Hillary has violated federal law through those two actions alone. But I think what Hillary is really trying to cover up more than anything else is her communiqué with long time friend Sydney Blumenthal who was on the ground in Libya and allegedly encouraging Hillary to push Obama to move forward and depose Gaddafi. Why? Sydney felt that he could financially benefit from working with the new government in Libya, and if proven to be true, this would be the greatest scandal in American history. At the very least, Hillary helped depose a foreign leader who posed no imminent threat and left the country in complete shambles and a vacuum of which was filled by jihadists. Judgement like that is a complete disqualifier for POTUS.

On another disturbing note, the weakness of Obama continues to make life miserable for people around the world and he could care less. Obama’s indifference to the full out assault on Israeli’s by emboldened Palestinians is shameful and lays to rest the question of whose side Obama is really on. There is no question that through his actions, Obama has turned his back on Israel and has abandoned the long established relationship we have with the Middle East’s only democracy.

These are interesting times and decent civilized people had better wake up, pay attention, and do what is needed to defeat the current assault on democracy, personal freedom, common sense, and civility. And the greatest threat resides at 1600 Pennsylvania Ave.

A Hard Left and Into The Ditch

“The era of big government is over” – Bill Clinton, 1996.

That may be the last sensible thing any elected Democrat ever said. Of course that was a time when sensible Democrats like Evan Bayh, Sam Nunn, and Joe Lieberman were amongst the ranks but those days are gone. Beginning with the election, or as Democrats are fond of saying, the “selection”, of George W Bush the Democrats have been veering left. There was a brief moment in 2001 when the attack on our homeland caused the parties to set aside their differences and focus instead on the growing dangers of the outside world. In fact some of the most impassioned arguments for the Iraq war on the Senate floor came from Democrats Hillary Clinton and Jay Rockefeller. But that unity and that passion would be short lived. As soon as the war became difficult and many Americans became frustrated, the Democrats seized the opportunity and began polarizing the country for political expediency, and that polarization is even more pronounced today.

Over the last decade, the Democratic Party has used every issue possible to divide this country along every societal line; age, race, sex, income, etc. The Democrats have also used every single procedural weapon to push through partisan legislation to the extent of lying on the Senate floor, lying to the American people, and creating and employing the fourth “regulatory” branch of government when Congress opposed them. The Democratic Party has moved so far left over the last decade that their ranks are thinning and their constituencies are dwindling. It’s more than a little embarrassing that the current field of Democrat POTUS candidates are all older, white career politicians, and outside of Julian Castro and Cory Booker, their bench is very weak. By comparison, the GOP is flush with young, talented people including the current field of POTUS candidates but also including folks like Susanna Martinez, Mia Love, Paul Ryan, Raul Labrador, and Trey Gowdy. The Democrats can’t even come close to matching this abundance of young talent. But what is even more perilous for the Democrats is their shrinking base. Their pandering over the last several years has emboldened a few of the more vocal minorities, which is now causing problems for them by continually having to serve more and more of their extreme demands. Just in the last couple of years the Democrats have angered the unions, a bedrock constituency, by appeasing the environmentalists and not approving the Keystone Pipeline. Also, via the fourth branch of government, manufacturing and mining jobs are disappearing and as a consequence so are even more union jobs. I also think that the #blacklivesmatters movement, which is literally taking over the Democratic podium this campaign season, has deeper roots than many want to admit. I think the movement has more to do with the sad plight many black families find themselves in largely as a result of government policies over the last 50 years. Policies of which they have been voting for, and of which were promised to “help” them. These policies have failed them and their community and I think their frustration is being misread to be an anti cop movement, which again is angering the unions. And now, on top of the many failed social and economic justice programs is the open border policies and legalization efforts the Democrats are pushing, which will only serve to flood the already crowded low skilled labor market and drive wages down. Black youth unemployment is over 50% and that will only get worse until we bring new solutions to the table and stop the progressive Democrats from “helping”.

The Democrats have painted themselves into a corner by their zeal for power and control and their incessant pandering to the smallest of grievances over the last several years. According to Real Clear Politics, 63% of Americans believe the country is headed in the wrong direction, and I highly doubt that that those people are hoping this country would be even more polarized and regulated. I think the most obvious example of how far left the Democrats have gone is the fact that the rival candidate to the Democrat front runner is an admitted socialist and not even a member of the party. From abortion, to immigration, to foreign policy, tt is time to define the Democrats positions just as they are, tenuous and extreme.

Donald Trump, Bernie Sanders…and Jeremy Corbyn

There is much heart ache out here in GOP Establishment-land about Trump, and I’m sure a lot among the Democrat Establishment about Sanders (though Team Hillary is still acting like her nomination is a coronation and no one need pay attention to Sanders…the GOP is being helpful by releasing videos of the massive Progressive crowds Sanders is drawing; which is encouraging, as it is actually a pretty clever move by the GOP. First time for everything, right?). But who in heck is Jeremy Corbyn, you ask?

I admit that until today I had never heard of him – he’s a candidate for the leadership of Britain’s Labour Party. Generally, when a party gets crushed at the polls in Britain, the losing side then finds a new person to lead to them victory (or, another crushing defeat…but, that isn’t the plan, at any rate). As Labour was blown out of the water a couple months back, they are casting about for someone to restore their party fortunes. Most of the people vying for the post are conventional Labour Party politicians…but Jeremy Corbyn, a backbencher of no great fame, tossed his hat into the ring…and recent polling shows him favored by 53% of Labour voters. So frightened is the Labour Establishment at this, that they even got former Labour PM Tony Blair to pen an op-ed pleading for Labour voters not to vote Corbyn. Blair warns that voting for Corbyn won’t just lead to another Labour defeat, but to the possible extinction of the party!

To be sure, I think that Blair is on to something. Corbyn isn’t just your run-of-the-mill Progressive, folks. His parents were involved on the Republican side during the Spanish Civil war, so Corbyn is a Brit version of our “red diaper babies”. Corbyn, himself, is a member of the Palestine Solidarity Campaign, the Socialist Campaign Group and the Stop the War Coalition (which war? Don’t ask – just assume if you want to kill a bad guy, they’re against it). Corbyn wants to nationalize Britain’s railways, provide a “living wage” for everyone, backs animal rights, may favor turning the Falklands over to Argentina, wants to ban the importation of foie gras, and appears to join any group out there with a leftwing cause. This guys is a far left fanatic. But, he’s also a rebel – very often voting against his own party and his Parliamentary expense account is the lowest among all 650 members of Britain’s House of Commons. He’s a kook leftist – but he’s an honest one, my friends. And he looks poised to take leadership of the Labour Party (though we’ll see if the Establishment can squash his bid). Corbyn as leader of Labour would be the perfect opponent for the rather squishy, Establishment types of the Tory party. They’d love to run against him – all they’d have to do is quote him and roll up a 100 seat majority, so you can see why Blair is worried, as are all Establishment types on the left.

I bring this up because these phenomena – a huckster zillionaire, an out-of-touch Boomer socialist, a far left fanatic in Britain – are symptoms of a general rebellion growing against the Establishment. I read today that Sanders drew 29,000 people to a rally. Donald Trump does seem to have faded a bit in the polls, but he’s still riding high. True, in America it is still the silly season of politics. We’re a long way from the first primary ballots and we should all recall that in 2011 a lot of people rode high for a moment, only to flame out before the election even got rolling. But there is a palpable anger and frustration out there. People are sick to death of politics as usual – and especially for the American right, the politics as usual which means we just help the liberals get what they want. The first sign of rebellion in Britain was also on the right, by the way: in the form of the United Kingdom Independence Party – which has risen mostly out of British frustration with the Tories. And if you think our electoral system is hosed, you should see Britain’s – the UKIP got 2.4 million more votes than the Scottish National Party, yet the SNP wound up with 56 seats, UKIP with 1! But, still, the bottom line is that anger with politics as usual boosted UKIP votes by nearly 3 million over their 2010 number. The people are tired – the left want’s genuine leftism; the right wants genuine conservatism. No one wants a left which is actually a bunch of crony-capitalists, nor does anyone want a right which is also crony-capitalist, with a dash of just preserving leftwing policy failures. Left and right I think people want candidates who will fight for what the people believe in. To have it out in a genuine, head-to-head contest which will decide what course the nation will take.

I think we’ll just see more of this as time goes on – and unless the GOP Establishment wakes up, there will be an American version of the UKIP by no later than the 2024 election, with a strong possibility it’ll show up in 2020…and it’ll take out of the GOP, immediately, a couple score House members and a few Senators, likely enough to deny the GOP a Congressional majority. For the Democrats, I see a complete take over by the far left – they really can’t stop it, if the leftwing base really tries. After all, what Democrat can fight against someone shouting the slogans the Democrat Establishment cooked up to gin up their base for 2012? But it can happen that the far left splits from the Democrat party and sets up a Social Democrat Party in time for 2020 or 2024.

Hold on to your hats, folks – it is about to get very interesting.

A Riot of Idiocy

I don’t know much about the Mayor of Baltimore, Stephanie Rawlings-Blake. Her Wikipedia entry indicates a pretty conventional political career for a Democrat – you know: went to college, got out of college and got into government and has never left it. Some say her “space to destroy” remark is being taken out of context and I’ll go ahead and buy that – maybe she was trying to put out an idea and it got mangled in transition from mind to mouth…it does happen to us all. But, on the other hand, she’s the Mayor, not some small-time blogger, like me. Within the city limits of Baltimore, she’s the Commander in Chief in an emergency…it is to her that the law must refer when riots erupt. Within the city, she – and no one else – is ultimately responsible for the lives and property of the citizens of Baltimore. Do understand this – when the chips are down, it is to the top person everyone looks. Not the city council, not the chief of police – to the Mayor. Regardless of whether her destroy remark was out of context, the city clearly fell apart on her watch.

This reminds me a bit of Hurricane Katrina – while the MSM and the Democrats (but, I repeat myself) managed to fix in the public mind that President Bush (who bore zero legal responsibility) was at fault for the failed response, the reality was that the Mayor of New Orleans and the Governor of Louisiana failed. The two leaders were both also rather conventional Democrat politicians who had spent most of their lives in politics – and were the kindly, public faces of the party to the electorate. But, they failed miserably. I think this is because our Democrats are rather clever in most instances – they know they need a kind face in front and so they find one. One who will do as they are told, not rock the boat and allow the nauseating sea of Democrat corruption to continue unhindered by reality. I don’t know for certain if Ms. Rawlings-Blake is as much of a zero as the Mayor and Governor were in Louisiana, but my guess is that she was elevated to the Mayor’s office by the Democrat powers-that-be not because of a sterling record of accomplishment but, rather, because of her loyalty and pliability (she signed off on a plan to fix Baltimore’s disastrous fiscal problems – and it promises to reduce a shortfall over ten years from $750 million to $400 million…which means it fixes precisely nothing and, I’ll bet, even the $300 million saved is probably due to fiscal hocus-pocus; a real leader doesn’t sign off on a solution which doesn’t solve; the difference is in what Walker did in Wisconsin – he really fixed Wisconsin’s fiscal woes).

The main thing to keep in mind outside of the particular merits of the current leaders of Baltimore is that the last time a Republican ran the city was from 1963 to 1967, and Republicans have held the Mayor’s office only 16 out of the last 100 years. Baltimore is the Democrat’s city. They own it. If there is anything wrong with Baltimore, it is 100% the fault of the Democrats. And very liberal Democrats, at that (as an aside, Nancy Pelosi’s dad and brother both served as Mayor – her brother botching the 1968 riots so badly that he was booted out of office after one term; another oddity is that at that time, as well, a Democrat mayor botched the response and a Republican Governor, Spiro T. Agnew, called out the National Guard – and, eventually, federal troops courtesy of the President – to restore order). Bottom line is that if the Baltimore Police Department is a racist oppressor, then it is made up of and run by liberal racist oppressors. I fully expect at the next election the people rioting in the streets will vote for the same people running the show today.

Astonishingly, President Obama actually used the word “thugs” to describe the rioters. Per many liberals, this actually makes President Obama a racist as the word “thug” is code for “N word”. President Obama, more true to form, did manage to place some of the blame on the GOP for the riots, claiming that GOP failure to pass his agenda has meant less money for programs to alleviate the problems which led to the riots. This in service of the ideal that only vast sums of federal cash funneled to bureaucrats can fix our problems. I actually figure the use of the word “thug” was because someone did some polling and found out that riots don’t play well for the 2016 narrative – after all, it has been a couple days and Obama is only speaking just today.

Lost in all this is the man who’s death in police custody sparked the riots (or, at any rate, provided an excuse for criminal elements to go on a rampage). Freddy Gray was no exemplar of good citizenship – but what caused his arrest is that he took off running when the police approached him. He was found with a switchblade and arrested. To be sure, running from the police is not a good idea – but I don’t find in the available information any underlying crime being committed…and arresting someone for having a knife seems a bit extreme (and you can probably thank the good liberals who run Baltimore for making sure that knife possession is illegal). Irritatingly, some on the right are pointing out Gray’s long rap sheet as some sort of justification for his death. Sorry, folks, but being a petty criminal doesn’t in any way, shape or form justify death. Unless the police can come up with credible evidence that Gray attacked them, then the police did wrong (to be sure, in the Ferguson case, the evidence ended up being open and shut – the dead man did attack the officer…and maybe over time some evidence of this will come out in the Gray case: so far, it hasn’t). Most of Gray’s arrests seem to be over drugs, so I guess we can count this as another victory in the War on Drugs? And may we please surrender in that war?

The MSM covered itself in it’s usual glory here – first ignoring the riots when they started because that might have made Obama’s appearance at the White House Correspondents Dinner look bad. Next by trying to some how justify the riots based upon American racism without even once noting that the city is run by liberals (and has a black Mayor, black Chief of Police and is, indeed, 63% black). Interspersed among this has been the sensationalist showing of videos of burning buildings and lack of police presence – coverage assured to get everyone off the couch and off to the looting (except for one young man who has the best mother, ever).

In all of this, I don’t think I’ve seen any intelligent commentary or suggestions. The thing to be done is, of course, a national campaign to reform police practices and for the GOP to start getting into these deep blue cities and start campaigning. Offer the people there a choice, for crying out loud. Do you really think that most people in Baltimore want to live like that? Of course they don’t – but all they get is, at best, a choice between the liberal Democrat who is favored by the party bosses and the odd liberal Democrat who thinks he or she should have been favored by the party bosses. Nothing will change in places like Baltimore until there is something to change to.

It is all really rather sad and enraging – I pray for the people of Baltimore, and of our poor nation, so badly served by politicians and media.

UPDATE: If this is true, then it is a complete game-changer in the Freddy Gray story.

The Feinstein Report

As a parting shot, the Democrats decided to dust off an old playbook once agin and expose America in bad light in the name of transparency. Never missing an opportunity to make themselves feel “enlightened” at the expense of average Americans and this time, at the possible cost of patriotic military lives, Dem. Sen. Diane Feinstein has issued her $40 million report that has revealed absolutely nothing new regarding the CIA’s conduct in the direct aftermath of 9/11. There is absolutely nothing to be gained by publishing this report with the possible exception of settling a personal score for Feinstein which wouldn’t surprise me knowing the base level of childishness shared by all Democrats. Additionally, in an interview this morning ex-CIA Chief Michael Hayden confirmed that members of Congress including Feinstein were briefed all along the way on all methods of interrogation being used and at the time there were no objections. Only now, years after the fact and at a time when personal agendas can be served do the objections rise, although only on behalf of the Democrats, as every single GOP member of the committee abstained from contributing to this report. In fact, the GOP did issue their own minority report as did the CIA but strangely I am not hearing accounts of those reports at least in the liberal MSM. My personal opinion, shared by many others, is that water boarding is not torture. While it is an obviously brutal technique, and should only be used in extreme and rare instances, I believe that the circumstances surrounding the events of 9/11 did warrant such techniques and furthermore believe that the men and women of the CIA should be applauded for their efforts and not criticized by self serving, sanctimonious politicians or their sycophantic minions in the media.

The irony of course in this “search for the truth” effort on behalf of Democrats is deep and wide considering their lack of transparency on nearly every other major issue confronting the country, i.e.; the Fast & Furious program, the IRS, the NSA, the EPA, and of course the ACA. Speaking of the ACA, did everyone see Dr. Jonathan Gruber apologize for revealing the truth behind that program? Not surprisingly MSNBC, the publicity department of the Democrats spent approximately 40 minutes over two separate hours covering the Feinstein report this morning, and about 2 minutes at most covering the Gruber hearing. So what issue has the most impact on American lives? The partisan manipulation of the health care industry under the cloak of secrecy? Or the rough interrogation techniques of sub human murderers? And they wonder why they no longer control the Congress.

UPDATE: We are now in the third hour of Morning Joe on MSNBC and it is wall to wall coverage and analysis of the Feinstein report. Apparently, nothing else is going on in Washington. One liberal analyst anguished over the “humiliating” treatment of the sub human murderers, which reinforces my belief that media liberals, Progressives and/or Democrats (my apologies for the redundancies) should be ignored and excluded from future debate and decisions on governing this country.