Hillary vs. Captain of the Ship Doctrine

Hillary Clinton disputed a scathing assessment by the Federal Bureau of Investigation

FBI Comey said

  1.  Her server was so poorly secured the FBI could not eliminate the possibility it had not been hacked by the country’s enemies
  2. was “extremely careless” with classified government secrets
  3. Her staff “extremely careless” and said that any “reasonable” government employee should have recognized that such information should not be aired in emails.
  4. Clinton and her staff’s carelessness and “real sloppiness”,  seemed she was not “particularly sophisticated with respect to classified information.
  5. Hillary sent or received classified information at least 110 times.

Hillary said

  1. she did not send or receive classified information through her unauthorized private email system
  2. she acknowledged she may have sent or received classified information
  3. she relied on the judgment of her subordinates at the U.S. State Department.
  4. she did not “believe” that she was handling classified information on her email system
  5. she followed the lead of her subordinates on whether information was classified
  6. she didn’t intend to be guilty of sending classifed into while being Secretary of STATE

THE CAPTAIN OF THE SHIP DOCTRINE

The Captain of the Ship Doctrine was originally set forth in McConnell v. Williams, 361 Pa. 355, 65 A.2d 243 (1949) and has agency considerations as its base. The essential question is whether one is subject to the control of another not only to the work to be done but also the manner of performing it.

The ordinary rules of agency apply to institutions. Agency law principles applicable to others should also apply.

Hillary said “I did not have a basis for second-guessing their conclusion,” Clinton said in an interview with CNN, saying she had the “highest regard” for her former colleagues. “These are experienced diplomats, they have expertise in handling classified material,” she said in a separate interview with PBS Newshour. “They were not careless and the material that they sent, they did not believe that was classified.”

Government, as well as Secretary of State, owe a duty to the country. If that duty is breached under circumstances from which a jury could reasonably conclude that the negligent party was at the same time the servant of two masters, both masters may be liable.

“The relation of employer and employe exists when a party has the right to select the employe, the power to discharge him, and the right to direct both the work to be done and the manner in which such work shall be done.” – in TYRONE FIRE PATROL COMPANY v. Borough, 2014

Clinton, who was the department’s most senior classifying authority during her four-year tenure at its helm, did not address the FBI’s conclusion that she herself sent information on topics classified as ‘top secret’, the highest level, through a private server she kept in her basement.

It is a crime to mishandle classified information, and while FBI Director James Comey said on Tuesday there was evidence Clinton or her aides may have broken these laws.

Trey Gowdy corners Attorney General Lynch on why so many see hypocrisy in the Department of Justice’s decision not to pursue an indictment against Democratic presidential candidate Hillary Clinton.

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