Petraeus prosecutor: Clinton has committed no crime
Petraeus prosecutor: Clinton has committed no crime
Anne M. Tompkins 7:27 p.m. EDT August 30, 2015
Unlike Petraeus, Clinton did not "knowingly" store or share classified information in violation of the law.
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Former attorney general Michael Mukasey recently compared the inquiry into Hillary Clinton’s use of a private email server when she was secretary of State with former CIA director David Petraeus’ federal conviction for the unauthorized removal and retention of classified information.
As the former U.S. attorney for the Western District of North Carolina, I oversaw the prosecution of Gen. Petraeus, and I can say, based on the known facts, this comparison has no merit. The key element that distinguishes Secretary Clinton’s email retention practices from Petraeus’ sharing of classified information is that Petraeus knowingly engaged in unlawful conduct, and that was the basis of his criminal liability.
The facts of Petraeus’ case are a matter of public record. During his tenure as the commander of the International Security Assistance Force in Afghanistan, Petraeus recorded handwritten notes in personal journals, including information he knew was classified at the very highest levels.
These journals contained top secret and even more sensitive “code word” national defense information, including the identities of covert officers, war strategy, intelligence capabilities, diplomatic discussions, and quotes and deliberative discussions from National Security Council meetings, including discussions with the president of the United States.
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Importantly, Petraeus was well aware of the classified contents in his journals,...........