Associated Press
"WASHINGTON — Asked earlier this month whether she'd be indicted over her use of a private email server as secretary of state, Hillary Clinton responded, "It's not going to happen."
Though Republicans characterized her response as hubris, several legal experts interviewed by The Associated Press agreed with the front-runner for the Democratic presidential nomination.
The relatively few laws that govern the handling of classified materials were generally written to cover spies, leakers and those who illegally retain such information, such as at home.
Though the view is not unanimous, several lawyers who specialize in this area said it's a stretch to apply existing statutes to a former cabinet secretary whose communication of sensitive materials was with aides — not a national enemy."
"One has to put this in perspective of what types of prosecutions have happened under the Espionage Act," said Jon Michaels, a national security law professor at UCLA. "And the universe of prosecutions under the Espionage Act is quite small compared to the amount of information transferred through non-secure means."
Brad Moss, a Washington lawyer who deals regularly with security clearance matters, said the Justice Department could conceivably look to bring charges in the Clinton email case but prosecutors would have to decide if they "really want to take that gamble." Inquiries into mishandling of classified information generally end with a security clearance revocation rather than a criminal charge, he said."
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Originally Posted by JVV
