(01-24-2023 03:36 PM)Claw Wrote: Quote:Looking at that precedent, DOJ has never prosecuted someone for inadvertently taking a classified document home.
That is highly unlikely given the number of people who have been convicted. I guarantee you there are people who claim they have been prosecuted for exactly that.
Section 793 has various sections, and many sections have differing levels of criminal intent.
Given the greater willingness to actually get the stuff back, most of the items that could be prosecuted under 793 (f) (the lowest criminal intent of 'recklessly' for that section) -- arent.
The other sections apart from (f) make it a *requirement* (that is an element, having to be proven 'beyond a reasonable doubt') to show the actions being undertaken 'willingly' and 'knowingly'.
Again, this goes hand in hand with the cooperation aspect. The more obstructive and more resistive the person is, that can actually be evidence of 'willing' and 'knowing'. As can be *where* and *how* they are stored (in a private office, typically only used by one person, stored in close proximity to a passport and other personal items known to have been used by the person...)
And in extreme cases those actions rise to their own chargeable offenses. Things like making a false statement to a Fed officer (telling the Feds at MaL that no other documents under the subpoena existed at the premises), making a false statement under oath (Robb submitting a sworn statement that that no other documents under the subpoena existed at the premises and that MaL had been searched diligently), or continued and persistent efforts to derail a lawful inquiry (previous two examples, and many more) are good examples.
The level of cooperation drastically affects the actions of the government in response to these types of issues.