FBI Director Jim Comey may not think Hillary Clinton is guilty of how she handled e-mails with classified information but former New York City Mayor Rudy Giuliani says he’s “disappointed” in his former employee for the “no brainer” violation of statute 18 United States Code Section 793.
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“It’s a felony, 10 years in prison [to violate the statute] and the words that he said he was ill-advised to say, was that she was extremely negligent. This statute requires gross negligence in the handling of information relating to the national defense. The definition that a judge gives a jury in a charge on gross negligence includes the words ‘extremely negligent.’ They are one in the same thing. So, he has found that she violated 18 United States Code Section 793 except he can’t somehow bring himself to the conclusion that she should be indicted for it – which says to me he’s putting her above the law,” he told Charles Payne and Liz Claman on the FOX Business Network’s Cavuto: Coast to Coast.
The former New York District Attorney also explained how prosecutors could prove intent.
“The way prosecutors prove intent is not [when] somebody says ‘I intend to do insider trading,’ or ‘I intend to give a bribe.’ We prove intent through circumstantial evidence. So, we have thousands and thousands of documents that she handled carelessly – that she handled with no regard for what the rules of the laws were. Then we have 34,000 documents she destroyed. That alone is evidence of guilty knowledge,” he said.