Well, I wasn't relying on the posted article; I just googled it as an explanation of the assertion.
But on further reading, it was Strzok who made the change, but Comey apparently rubber stamped it. It matters, because gross negligence would have made it a crime as it is a crime to be grossly negligent in the handling of the materials involved, but not merely if one is just extremely careless.
Fair enough -- it is a judgment.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. (Keeping in mind she had employees send highly classified material that she had not seen to her offsite server, and did ride around Asia making calls on an unsecured cell phone).
"I think she was extremely careless. I think she was negligent -- that I could establish," Comey told the House Oversight and Government Reform panel. "What we can't establish is that she acted with the necessary criminal intent."
So, that seems reasonable -- did she have criminal intent? Criminal intent is almost always difficult to prove so I can understand that, too.
But at some point, someone decided "gross negligence" should be the phrase, and that person was an attorney would would understand the meaning and implication of the term. That suggests to me that when the term was used they believed they had criminal intent. Whoever it was, since any DOJ attorney is going to know this. It isn't something you just change unless the facts the change.
So, I suppose it could go either way, but it certainly would not be her first crime. |
