What were the exact applicable information sharing protocols in place at the time? Please provide them word for word. Please also cite the law that criminalizes failures to follow them.
"What were the exact applicable information sharing protocols in place at the time?"
Very simple, and I have already provided this information once:
I will make it abundantly clear to you when information can and in fact under law must be shared between Federal agencies and even within the same agency.
If there is evidence of a substantial Federal crime by a suspect or suspects in a Federal investigation, that information not only can be shared and given to the Federal criminal investigators investigating that crime, but it is in fact a major Federal crime not to share that information with these Federal criminal investigators. Everyone at the CIA and FBI HQ's was well aware of this!
I don't know how this can be made any clearer!
The Federal statute spells out in subsection 18 U.S.C. § 1001(a), the definition of a crime:
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device[ , ] a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry commits a Federal felony
The Penalty shall not exceed 8 years if the withholding involves withholding from a terrorism investigation.
See 18 USC 371 Conspiracy:
Conspiracy is an offense that is charged in combination with another. When a person commits a criminal offense together with another person or group, the agreement among them to commit the crime is a conspiracy and its own offense. Conspiracy is an inchoate crime, which means that the offense is committed before any action takes place. It is the agreement to engage in a criminal offense that is the crime. The criminal offense itself does not have to take place. Under 18 USC 371, a person can be charged with conspiracy based on two elements:
1. An agreement to commit a criminal offense.
2. An overt act that furthers the conspiracy.
The US Attorney does not have to prove that the agreement was in writing. It can be verbal and still subject the parties to criminal liability.
The statute provides that the sentence for conspiracy is up to 5 years imprisonment:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
The only defense to conspiracy is that the defendant withdrew from the agreement. To prevail at trial, the defendant must convince the jury that he withdrew from the conspiracy by communicating his withdrawal to the co-conspirators and taking some action that is inconsistent with the conspiracy. Not only must the defendant disavow the agreement, he must also do something that defeats the purpose of the conspiracy. The defendant must take affirmative action against the conspiracy.
Constructive manslaughter:
Constructive manslaughter is also referred to as "unlawful act" manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.
Criminally negligent manslaughter
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability.[6] A related concept is that of willful blindness, which is where a defendant intentionally puts himself or herself in a position where the defendant will be unaware of facts which would render him or her liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment.
Offense Mandatory sentencing
Involuntary Manslaughter 1-10 years
Voluntary Manslaughter 1-20 years
Second Degree Murder 10-30 years
Murder & Felony Murder Death, Life without parole, or Life with parole eligibility in 25 or 30 years
