Must you intend to be grossly negligent in order to be grossly negligent? Must it be listed on your to-do list? “Be sure to be grossly negligent about national security for the sake of protecting any politically corrupt dealmaking with respect to which I probably do not want accessible public records.”
From a July 5, 2016 transcript from Rush Limbaugh’s radio talk show:
Who cares if she intended to put US national security at risk? Who does? But the fact of the matter [is] that the statute says gross negligence. Gross negligence and lack of intent are the same thing. Gross negligence, if you’re just so willfully unaware, if you don’t care, if you are so unattached that you are not aware what you do, that’s gross negligence. That’s the statute. How can you intend not to care? How can you intend to be negligent? You just are. [Emphases added.]
But Hillary Clinton did intend to neglect legitimate security concerns about her setting up and using a private server for her Secretary of State job email. She took pains to ignore and circumvent such concerns. She wanted to be able to hide–for example, by deleting masses of emails from the server–any email discussions touching on any matters manifesting political corruption. She wanted to be able to hide any emails touching on pay-for-play deals conducted as Secretary of State on behalf of the Clinton Foundation. She didn’t want these email to be subject, ever, to Freedom of Information Act requests. She certainly intended, and did, tell a lot of lies about all this.
The FBI, of course, has plenty of means to know that there is more to find here than they have chosen to find. But of course they intended to find a way to let Hillary Clinton off the hook from the beginning, regardless of any explicit laws pertaining to handling classified communications.