Back in November, for example, campaign spokesperson Brian Fallon tweeted out a link to a Politico report suggesting that early findings that some of her emails contained highly classified material were wrong. Maybe Fallon was just sharing, not endorsing, and the exclamation points he included in his tweet were just there to demonstrate his surprise at the story.
Judge Napolitano in the article below explains the FBI’s investigation of Hillary Clinton. There are two aspects of the investigation. The original source of her trouble is the charge that she failed to safeguard national security secrets.
As Judge Napolitano explains, this crime does not require intent and can result from negligence or simply from a lack of awareness that a secret is being revealed, as in the case that Judge Napolitano provides of the US Navy sailor who was prosecuted for espionage because a “selfie” he sent to his girlfriend revealed a sonar screen in the background. An even more egregious case is that of the US Marine who was prosecuted for using email to alert superiors to the presence of an al-Quada operative inside a US military compound. The email is considered unsecure and thus the Marine was prosecuted for revealing a secret known only to himself.