Some weeks ago, I attempted a preliminary analysis of whether Hillary Clinton violated 18 U.S.C. Section 793(f). This provision states:
Whoever, being entrusted with or having lawful possession or control of any document. . .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.
Now, Fox News reports that “an intelligence source familiar with the [FBI] investigation of Clinton” says the Bureau is focused on whether there were violations of this very provision of the Espionage Act. The intelligence source points out that Section 793(f) says nothing about classified information, but instead is triggered by lawful possession of national defense information when a security clearance holder “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.
That sounds a lot like what Hillary Clinton did.