Monday, August 31, 2015

General Pertraeus was convicted of this statute. What if no action is taken against H. Clinton?

United States Criminal Code 18USC Section 1924 | 8/30/2015 | Self 

(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.

(b) For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a). (c) In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.

Question: If Hillary Clinton is not convicted of this statute, (assuming the FBI investigation confirms that a violaton took place) could General Petraeus sue to have his conviction vacated ex post facto on the basis of selective prosecution and the constitutional requirement of equal treatment under the law?

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