2016-08-25, 12:25 AM
xparasite9 Wrote:Ignorantia juris non excusat
While certainly a standard I'd like to see upheld, it's not relevant in this case. This isn't about ignorance of the law. It's about (malicious) intent.
Flonne Wrote:Absolutely this. Any normal person would be thrown away without a second thought for what she did. A judge would likely laugh at your face if you tried to explain how "it's OK since I didn't know it was wrong".This is not true and simply wrong. Outside of military personnel who are subject to military laws, these cases are not prosecuted because getting a conviction is unlikely. Stop projecting your desires and moral standards into US law.
Flonne Wrote:Just because you don't mean to do something doesn't mean it has no consequences, and just because you apologize for something doesn't mean it will or even should be forgiven based on severity; there are breaches that are not forgivable regardless of intent or sincerity of regret or any other factor, once something has happened you have to live with the results even if they truly were an accident, and some accidents are too damaging to be allowed to slide even if it was purely coincidence. Taking responsibility for your actions regardless of origin is something adults are supposed to do and something adults try to force down kids' throats all while they are being raised (or at least mine did).While I agree with the sentiment, this is all irrelevant from a legal perspective.
Flonne Wrote:SAPs operate on a strictly need-to-know basis as they are considered above Top Secret clearance. Just because you are allowed to see something doesn't mean you are supposed to unless it applies directly to you. Her private server had references to and even some data from those SAPs, which are generally hosted strictly on un-networked physical servers that are locked down and cannot be accessed from the outside. There is no way she could have had that data unless she directly accessed those sites, which she had no reason to do, and also it is completely illegal to rehost any of that information ANYWHERE.I am far more aware of this than you realize. You're largely correct, however SAPs are uniquely protected and can have more or less stringent security measures than what you describe. It depends on the specific program. It does not surprise me that the Secretary of State would have access to several of these programs as part of her duties. I've already said that I agree that she violated her clearance requirements and should never be allowed to have one again.
She has directly violated clearance as well.

