“Careless” or “Criminal?” While President Obama’s comments may be careless, Hillary Clinton’s behavior is more likely criminal.
Criminally negligent behavior is behavior that is “felony stupid.” It’s behavior that you know is a bad decision because it could hurt, and is even likely to hurt, other people.
I once prosecuted a driver for “criminally negligent” homicide after he killed two people when he rear-ended them in a construction zone. Why did I prosecute? Because the driver knew he hadn’t slept in 24 hours; he knew he was tired; he knew he was nodding off; he passed several rest stops before killing two innocent victims, but he drove on anyway. Felony stupid. The driver didn’t intentionally drive his car into another car to kill people. But his negligence was so great, so “gross,” that the government had an interest in stepping in and intervening to protect the public.
Hillary knew her server was not secure; she knew it violated State Department policy; she knew the emails on it were classified; she passed on secure, government provided servers; and she put the entire country at risk anyway. Does the government have an interest in preventing security leaks, such as trusted government officials storing, sending, and receiving classified information on an unsecure computer? Some Americans still hope so. It remains to be seen if the government will step in and intervene to protect us.