I am not a lawyer, but criminal culpability has everything to do with state of mind / mens rea. This is why "murder" is a crime but accidental homicide is not, even though in both cases the same actions might have led to the same consequences.
"State secrets" is also one thing, "classified material" is another thing.
Agreed. Even if she _actually_ didn't mean any harm by this, it's insane that we would be okay having someone this negligent vying for the most powerful office in the world.
Of course, the argument that she had no intent is getting tougher to prove with each bit of information coming out. The fact that she (or one of her people) just happened to use BleachBit once they realized investigation was imminent is pretty damning.
IANAL. It depends on who is at fault. If you are driving your car down the highway and a pedestrian jumps in front of you so close that there is nothing you can do...
Homicide doesn't mean murder. It simply means the killing of a person by another.
People make a big deal about how in capital punishment, the death certificate says 'homicide'. This isn't a political statement that capital punishment is murder; it is just the objective fact of what happened.
In the sense that not all classified material should be classified, perhaps. By definition, though, the US government considers everything classified to be a state secret.
"State secrets" is also one thing, "classified material" is another thing.