As reported by Zerohedge
It was already known that Strzok – who was demoted to the FBI’s HR department after anti-Trump text messages to his mistress were uncovered by an internal FBI watchdog – was responsible for downgrading the language regarding Clinton’s conduct from the criminal charge of “gross negligence” to “extremely careless.”
“Gross negligence” is a legal term of art in criminal law often associated with recklessness. According to Black’s Law Dictionary, gross negligence is “A severe degree of negligence taken as reckless disregard,” and “Blatant indifference to one’s legal duty, other’s safety, or their rights.” “Extremely careless,” on the other hand, is not a legal term of art.
According to an Attorney briefed on the matter, “extremely careless” is in fact a defense to “gross negligence”: “What my client did was ‘careless’, maybe even ‘extremely careless,’ but it was not ‘gross negligence’ your honor.” The FBI would have no option but to recommend prosecution if the phrase “gross negligence” had been left in.
18 U.S. Code § 793 “Gathering, transmitting or losing defense information” specifically uses the phrase “gross negligence.” Had Comey used the phrase, he would have essentially declared that Hillary had broken the law.
Also removed from Comey’s statement were all references to the Intelligence Community’s involvement in investigating Clinton’s private email server.
Director Comey’s original statement acknowledged the FBI had worked with its partners in the Intelligence Community to assess potential damage from Secretary Clinton’s use of a private email server. The original statement read:[W]e have done extensive work with the assistance of our colleagues elsewhere in the Intelligence Community to understand what indications there might be of compromise by hostile actors in connection with the private email operation.
The edited version removed the references to the intelligence community:
[W]e have done extensive work [removed] to understand what indications there might be of compromise by hostile actors in connection with the personal e-mail operation.
Furthermore, the FBI edited Comey’s statement to downgrade the probability that Clinton’s server was hacked by hostile actors, changing their language from “reasonably likely” to “possible” – an edit which eliminated yet another justification for the phrase “Gross negligence.” To put it another way, “reasonably likely” means the probability of a hack due to Clinton’s negligence is above 50 percent, whereas the hack simply being “possible” is any probability above zero.
It’s also possible that the FBI, which was not allowed to inspect the DNC servers, was uncomfortable standing behind the conclusion of Russian hacking reached by cybersecurity firm CrowdStrike.
The original draft read:
Given the combination of factors, we assess it is reasonably likely that hostile actors gained access to Secretary Clinton’s private email account.”
The edited version from Director Comey’s July 5 statement read:
Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.
Johnson’s letter also questions an “insurance policy” referenced in a text message sent by demoted FBI investigator Peter Strzok to his mistress, FBI attorney Lisa Page, which read “I want to believe the path you threw out to consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk.” It’s like an insurance policy in the unlikely event you die before you’re 40….”
One wonders if the “insurance policy” Strzok sent to Page on August 15, 2016 was in reference to the original counterintelligence operation launched against Trump of which Strzok became the lead investigator in “late July” 2016? Of note, Strzok reported directly to Bill Priestap – the director of Counterintelligence, who told James Comey not to inform congress that the FBI had launched a counterintelligence operation against then-candidate Trump, per Comey’s March 20th testimony to the House Intelligence Committee. (h/t @TheLastRefuge2)
Transcript, James Comey Testimony to House Intel Committee, March 20, 2016
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