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FLASHBACK--Levin: ‘Sect. 793 of Penal Code ... Is What Hillary Clinton Has to Worry About’

Margaret Knapp
By Margaret Knapp | August 13, 2015 | 3:27 PM EDT

“Section 793 of the Penal Code, Subsection (f)...is what Hillary Clinton has to worry about,” nationally syndicated radio show host Staff Mark Levin said on his Wednesday broadcast during a legal analysis of Clinton’s use of a private server while she was secretary of state.

“My point is when you set up an unsecured server in your barn adjacent to your home in Chappaqua, New York, you have intentionally – forget about negligence – you have intentionally bypassed the security process for that server,” said Levin, a former chief of staff at the Justice Department.

Here is the transcript of what Levin had to say:

“I want to read to you Section 793 of the Penal Code, Subsection (f), because this is what Hillary Clinton – among other things, but this in particular – is what Hillary Clinton has to worry about.

“Here’s the law: ‘Whoever being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note or information relating to the national defense …”

"By the way, this is part of what’s called the Espionage Act.

“Subset one: ‘... through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, abstracted or destroyed ...’

“Got that? I’ll get to the next section later. I’m hearing on TV: ‘It depends on her intent, it depends on her intent.’ No it doesn’t, not with respect to this, Subsection (f).

Or two, “… having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust or lost or stolen or abstracted…” and so forth.

“So here’s her problem. Subsection one: “… through gross negligence permits the same to be removed from its proper place of custody …’

“The entire server was not supposed to be – it turns out it’s in her barn. She has a barn on her property. So any classified information, including top-secret information, which is the highest of the classified information, Code Black top-secret information.

“I was read into these programs. I was trained. I can’t remember everything, I don’t have them now and by the way, it’s a lifetime requirement that you keep this information secret. It’s not like you leave the administration and you go blabbing about it. No. You can’t. You can never talk about it unless it’s been declassified.

“But let me underscore this again. It really is in plain English. Section 793, you can Google it yourself, of the Penal Code, Subsection (f): 'Whoever being entrusted with or having lawful possession or control of any document, writing, code book…' and so forth and so on.

“… through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, abstracted or destroyed.

“And I want to stop there because my point is when you set up an unsecured server in your barn adjacent to your home in Chappaqua, New York, you have intentionally – forget about negligence – you have intentionally bypassed the security process for that server.

“Now, that’s a higher standard. Let’s move it to the lower standard, which is still a crime.

"Let’s say you didn’t think or didn’t know that you were intentionally bypassing the process that is used to secure that server and that information, which seems absurd to me, but let’s play along.

“Okay, if you do it through gross negligence, you permit the same to be removed from its proper place. So I would argue to you, when that server was removed and information was flowing through it, including classified and especially top-secret information, boom. You did it.

“And every time that happened, ladies and gentlemen, that’s considered a count. You don’t aggregate at all. Every time that happened, that’s considered a violation of the statute.

“Now what’s the penalty if you’re found guilty? ‘Shall be fined under this title or imprisoned not more than 10 years or both.’ I didn’t check the fine, but I’m sure it’s substantial. Ten or 20 grand a violation.

“Now this is why typically the Justice Department, through the Public Integrity Section or the U.S. attorney’s office, would direct the FBI to get involved because of the potential criminality of what took place regardless of who the person is.”