Former Secretary of State Hillary Clinton and her aides could allegedly be hit with three felonies for the unauthorized transfer of classified documents by Clinton's private email server,
the Daily Caller reports.
The Daily Caller reports three sections of the Espionage Act could serve as the foundation for the prosecution in the email controversy under investigation by the FBI — and dogging Clinton while she runs her Democratic campaign for president.
Experts tell the Daily Caller the applicable sections are:
- Section 793, which applies to anyone who has been "entrusted" with information relating to the national defense, and to a federal official who "through gross negligence permits" information "to be removed from its proper place of custody or delivered to anyone in violation of his trust, to be lost, stolen, abstracted or destroyed."
- Section 798, which applies to any government official who "knowingly and willfully communicates" information "to an unauthorized person."
- Section 1001, which addresses giving "false statements."
Additionally, Clinton and aides could allegedly be charged with a misdemeanor count under section 1924 — which was used against former CIA Director David Petraeus for sharing classified information with his female biographer and mistress, the Daily Caller reports.
"A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining top secret and compartmented material using a private server system," retired Brig. Gen. Kenneth Bergquist, who served as an assistant attorney general at the Justice Department, tells the Daily Caller, citing both sections 793 and 798.
FBI veteran Ronald Hosko, who served as the bureau's assistant director for its criminal division until 2014, tells the Daily Caller section 793 would also be of interest to prosecutors.
"This certainly applies to those who would take classified materials and move it to an unauthorized server in an unauthorized location, in this case to her [Clinton's] house," he tells the Daily Caller.
Hosko notes when federal officials leave office, they sign documents that "in effects say, 'you can't take any state secrets with you.'"
"You wonder, did she knowingly and intentionally sign it, knowing full well 'all my records are going with me,'" he said, suggesting section 1001 would come into play in that case.
Retired Col. James Waurishuk, an expert in national security, tells the Daily Caller that the evidence is damning.
"As a former career senior intelligence officer and special operations special mission intelligence officer and National Security Council staff member, I believe it is inconceivable that if it is verified that Hillary Clinton's server contained or had [the most sensitive secrets] on it that she could possibly escape indictment and criminal prosecution," he tells the Daily Caller.
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