We have previously discussed the series of scandals in Washington where powerful individuals have been spared serious sanctions for acts where ordinary people have faced long and unrelenting prosecution. (here) It is part of America’s Animal Farm system where some individuals are more equal than others. That concern is even greater this week with the combination of the disclosure that Hillary Clinton did use a personal email system for classified communications and most media outlets appear to be ignoring the obvious import of that fact.
From the outset of this scandal, I have noted that the suggestion that such a system could be used without risking the release of classified information is facially absurd. I have had a TS/SCI clearance since Reagan due to my national security work and have lived under the restrictions imposed on email and other systems. The system is so stringent that just last month I had to personally deliver a routine motion in a national security case that was clearly unclassified because there was a concern about sending it by email for a review of the security officer. It dealt with changing a scheduling date. Violations of such rules are treated harshly and can easily result in criminal prosecution.
For the Secretary of State, a great percentage of material passing through her office is treated as presumptively classified. The idea of using a personal email system for such a high official in such a highly classified office is otherworldly. Moreover, few people buy the argument that this was not done to control information but to avoid carrying multiple phones, as suggested by Clinton. This would seem one area where the Clintons (often criticized for making their own rules) would seem bound to follow security protocols. Clinton insisted that no material was classified and that this was not an effort on her part to insulate her communications from outside review.
Now the State Department has marked at least a couple dozen emails as classified. We will likely never know how many of the thousands of deleted emails were classified and possibly subject to foreign surveillance. A State Department official has admitted that 25 emails were deemed classified. This would seem to contradict Clinton’s assurance to the public that she “did not email any classified material to anyone” on her personal account and “There is no classified material. So I’m certainly well aware of the classification requirements and did not send classified material.”
The best defense is that this material was not technically classified at the time that it was sent. Thus it was not “classified” information. The problem is that it was not reviewed and classified because it was kept out of the State Department system. Moreover, most high-level communications are treated as classified and only individually marked as classified when there is a request for disclosure. For example, there is not a person standing next to the President with a classification stamp in the Oval Office. However, those communications are deemed as presumptively classified and are not disclosed absent review. Under the same logic, the President could use a personal email system because his text messages by definition are not marked as classified. This is the whole reason that Clinton and others were told to use the protected email system run by the State Department. We have spent hundreds of millions of dollars to secure such systems.
The State Department appears intent to avoid a conflict with Clinton over this circumvention of their secure system. Indeed, there appears to be a general and concerted effort to avoid the obvious in this scandal: clearly some of this material was classified and Clinton intentionally used a system to be under her control and not the government. I view that as quite serious — as I do the relative avoidance of the implications by many in the media. At best this shows appalling judgment while at worse it shows a knowing risk or exposure of presumptively classified material to foreign interception. The public can judge for itself if Clinton is being truthful in saying that she never sought to create a system that would be under her control and simply did not want to carry two phones or devices. That is a political question. The active circumvention of a secure system and possible exposure of classified information is a legal question . . . and a rather important one.
Wonder how many of her emails contained amorous notes to Huma, her “assistant”–the interloper with ties to the Muslim Brotherhood?
I don’t know if ” the State Dept. ” specifically advised Hillary not to use her personal server and email account for official State Dept business.
The “defense” that State didn”t tell her not use her own email service assumes that their was a higher-ranking official ( than the SEC/ of State Clinton) to inform her of established State Dept. Regulations procedures.
Of course, as the highest-ranking official in State, Hillary could not be expected to know this.
Even IF one buys these excuses, it’s like absolving a Defense Dept. Official of any blame if the official compromised classified material by leaving his laptop at a Starbucks. “Gee, I was never told not to leave classified material at Starbucks” is a poor excuse.
So, as advised above, nothing to see here, ” get over it” . Same advice goes for Whitewater/Rose Law firm, Travel gate, Filegate, Arab Spring fiasco, etc.
So, the emails are there to be scrutinized by the proper authorities. If she made a mistake it is no different than ANY politician’s mistakes, except of course the little cowboy and his handlers who slaughtered hundreds, and hundreds of innocents with their ‘faux pas’ called Iraq. If you want to smear someone, smear them. Find something important. Getting a hummer from a clerk and sending emails is next to absolutely nothing in this circus called politics and government.
Release the Donald.
Release the Walker.
Release the Cruz.
Release the Rubio.
Release the Jindal.
Release the Christies.
Take Sunday off and start again on Monday.
Clinton is the best choice for President. She is the least of all potential catastrophes. The programs started by Obama need to be continued, refined, and taken to fruition. Or, would you rather go backwards? Grab your flintlock and go to Kentuckeee.
” If she made a mistake it is no different than ANY politician’s mistakes,”
Well, it seems the Clinton’s have a view on security and Hilary’s approach is not any different.
Consider the case of ex CIA Director Deutch. He was caught with classified materials on his home computer – big deal? Not for insiders like Deutch when you have a Clinton to pardon you.
At least the Clinton’s are not hypocrites. They extend the same courtesys to their minions as they practice them selves. How refreshing to see those at the very top practice uniformity in the application of law – ‘We’re the Clintons and we don’t give a damn about security and we don’t care if you do either’.
The poor, poor Clintons. Always the victims forced to go to the ethical and legal edge in order to best serve us proles without a thought of their own well being. We are so fortunate to have them.
Are the 24 Hillary classified emails business deals with Russia and China? Or run of the mill gift of gab?
I’d bet her personal system was more secure than the U.S. Government’s. After all, the Clintons can afford the best. And she obviously wanted to keep her communications private from not only Chinese and Russian hackers, but from her own government. She is a control freak (with some good reason, given how the Clintons were treated in the past).
I’m not condoning what she did, but you cannot assume her home server was anything but top-tier. Otherwise, what was the point?
“There is no evidence that any emails were hacked or that her server was insecure. If State wanted her to use their server, they could and should have so directed but did not. Get over it.”
~~ The state department and all government employees sign a non-disclose agreement when you become gainfully employed. I also had top security clearance with our government and took the same oath as the POTUS, when I worked for the government. It’s a very extensive background and one that’s conducted every ten years. Mrs. Clinton signed one of these agreements, which included electronic correspondence. She should be prosecuted, because everyone else who breaks them is. It’s a federal crime.
“Get over it” isn’t exactly the sentiment that should be used when breaking a federal law. Is this what your ex-wife said to you when she had that love affair with her boss and left you high and dry?
Government communications should be public information. Personal communications deserve privacy. Not the other way around.
Hillary Clinton is the kindest, bravest, warmest, most wonderful human being I’ve ever known in my life.
Really? How about your mother?
BFM w/ his usual common sense comment.
Yes, we can just ignore. After eight years of, questionable outside the constitution events which have occurred, can you imagine her coming in with a license do what she wants. Her track record speaks for itself.
We have the Clintonista’s w/ “there’s no evidence” meme. Get used to it folks. If you don’t think that server in Chappaqua NY was hacked? A server created by a woman who had never emailed until recently. A woman who according to her people can’t type. A woman who couldn’t figure out a freakin’ Fax machine. Well then you must be a Clintonista.
Jill, what do you think about Bernie Sanders? He had a rally in Madison with 10,000 people attending. I think we are going to continue to see him surge.
“There is no evidence that any emails were hacked or that her server was insecure.”
The fact that we have no evidence at this time does not imply reasonable belief that her home servers were secure.
Does anyone believe her servers had protection remotely like security of major government agencies such as OPM. We don’t know for sure. But why would anyone assume that hardware and software security matched a major government agency. Why would anyone assume that the individuals who implemented and maintained her systems had anything like the background, training or experience of the computer specialist at major government agencies.
I flatly do not believe her systems met anything remotely close to the standards in force at major government agencies. Yet we know for a fact that many major agencies have been penetrated with relative ease.
This deserves to be a major issue. She sacrificed security for her personal convenience related to – at most – embarrassing headlines. It ought to be front and center as an example of her judgement. It is a big deal – so get over it.
Mrs. Clinton does not lie, nor would she ever contradict herself. I am voting for Hillary because she is a woman. I want the press to keep refusing to ask her any questions about this matter. In fact, I love the propaganda that is being given to me about her. It is just so heartwarming!
This is Grandma Clinton. You wouldn’t accuse your grandmother of doing anything wrong! And you wouldn’t bring up embarrassing issues with her either!!!
Right wing nut nit pickers.
“We can get those emails from the Russians or Chinese because you KNOW they have them all”
Anyone have the form to file a FOIA@Russia request?
I am just curious to see what she threw away – not that those emails are important because we know they were not State Department emails and we know they were not classified – right?
There is no evidence that any emails were hacked or that her server was insecure. If State wanted her to use their server, they could and should have so directed but did not. Get over it.
The Russian and Chinese hackers probably had their children hack into the Clinton server.
We can get those emails from the Russians or Chinese because you KNOW they have them all. By the time election day rolls around, only the truly committed Hillary lemmings will vote for her. Normal people see she is bad and don’t want that Clinton drama again.