Hillary Clinton could be prosecuted in federal court for failing to tell President Barack Obama about her private email server at the time she was running it, according to a veteran FBI agent.
Obama said flatly during a ‘60 Minutes‘ interview on Sunday that ‘No,’ he did not know Clinton sidestepped security protocols with her a home-brew email setup while she was his secretary of state.
The FBI agent who spoke with DailyMail.com has had a 20-year career in federal law enforcement and serves in a supervisory capacity in a domestic FBI field office.
He said on Friday that failing to put Obama in the loop could be enough to send her to prison for ten years.
The federal Espionage Act includes a provision that criminalizes ‘gross negligence’ by officials charged with safeguarding national defense information.
Separately, the law’s text makes a criminal of any security clearance holder who fails to notify his or her ‘superior officer’ when a breach of security occurs through such negligence.
‘If investigators conclude that the former secretary [Clinton] was criminally careless in how she approached the security of the sensitive documents in her possession, then this part of the law could be used to prosecute her,’ the agent said, on condition of anonymity.
‘”Gross negligence” just means “serious carelessness”,’ he clarified.
His voice became more deliberate and quiet when DailyMail.com asked him to address the notification clause in what is technically known as ‘18 USC 793.’
‘The secretary’s superior is the President of the United States,’ the FBI agent noted.
‘So unless he were aware of what she was doing when she was doing it, it seems there could be a legal problem [for her].’