State Department Confirms That Over Two Dozen Emails On Clinton Server Are Now Considered Classified

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropWe 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.

177 thoughts on “State Department Confirms That Over Two Dozen Emails On Clinton Server Are Now Considered Classified”

  1. “Let me define Atrocities for you. … a·troc·i·ty …əˈträsədē/ …. noun …. plural noun: atrocities
    an extremely wicked or cruel act, typically one involving physical violence or injury. … “war atrocities”
    synonyms: abomination, cruelty, enormity, outrage, horror, monstrosity, obscenity, violation, crime, abuse; More …”

    So…, now, which chargeable offenses resulting in incarceration count as atrocities?

    What are the number of people held on those criminal charges that count as atrocities?

    What is the break out between citizens and aliens in those numbers charged for crimes that count as atrocities.

    We are all waiting. This is a serious subject. We all want to know.

    You claim to know. Surely you don’t mind sharing your knowledge – do you?

  2. @bigfatmike
    ~~ I’m currently taking 16 hours of medical classes this semester and again in the fall, I study for hours and hours every single day. I shouldn’t even let this take up my time but engage in breaks. I just don’t have time to look it up. My time is in books and what little time left over is spent with my family. You’ll have to look it up.

    1. “My time is in books and what little time left over is spent with my family”

      May I wish you the very best with your studies and to your family. I am sure we will be hearing more from you in the future – when you have some time.

  3. I’m not your secretary, look the facts upyourself, I saw them with my own eyes. The study is old and I know the numbers are higher because that jail has recently been forced to build a bigger jail facility. They cost that county so much that no raises and these people are paid way below the norm nationally.
    Let me define Atrocities for you.

    a·troc·i·ty
    əˈträsədē/
    noun
    plural noun: atrocities
    an extremely wicked or cruel act, typically one involving physical violence or injury.
    “war atrocities”
    synonyms: abomination, cruelty, enormity, outrage, horror, monstrosity, obscenity, violation, crime, abuse; More

    1. “I’m not your secretary, look the facts upyourself”

      You made the claim. Substantiate you remarks or be revealed as a fake.

      As for you definition of atrocity, that in no way tells us which criminal activity counts as an atrocity according to you standard and you remarks.

      Have you even tried to determine the number of ‘atrocities’ or are you just making that up.

      Do you have some real data or are you just faking it.

      Are you a fake or do you have some data.

      This is important stuff. If you have some real data please tell us.

      But if you have no data and don’t have a clue as to which chargeable offenses count as atrocities then just admit you don’t have a clue.

      There is no shame in profound ignorance.

      The only shame is in lying about your ignorance.

      You got the data? Or not?

  4. Bigfatmike
    ~~ So child rape and sex trafficking is defined as what in the world according to Bigfatmike?

    A little indiscression?

    1. “~~ So child rape and sex trafficking is defined as what in the world according to …A little indiscression?”

      Not by me.

      You are the one who mentioned atrocities.

      DOJ/FBI has some pretty good stats regarding crime in the 50 states. I don’t recall they break out atrocities.

      Please tell us which crime stats you are using. Or please tell us which crimes listed in the FBI’s uniform crime reports, in your opinion, qualify as atrocities.

      Perhaps you could also give us some summary numbers for the crimes that qualify as atrocities.

      I would also love to see how those crimes/atrocities break out between citizens and aliens.

      You are the one who made the claim that border state jails are filled with aliens who committed atrocities. It seems to me that any fair minded person who made that claim in public would be able to back up the claim with some hard data.

      You got any data or not?

    2. “~ So child rape and sex trafficking is defined as what in the world according ”

      I consider it child rape and sex trafficking.

      Do you have the break out to show us summary numbers between citizens and aliens – or not?

      Do you have numbers of those charged or convicted in border states for those crimes – or not?

      In the border states can you break out citizens charged or convicted from aliens charged or convicted – or not?

      You got the numbers? Or not?

      What, exactly is the basis for that big academic study you are doing.

      Surely if you are making a serious study and have reached conclusions you can share some data with us.

      Please, don’t be shy. We all want to know.

    1. “~~ Hit a nerve? Awh”

      Call for data. I am always interested in the facts that support an argument.

      You got it? Or you don’t?

      BTW, you don’t need to apologize, anyone who has read me knows I am pretty impervious to nerve pain. I don’t care what you say – as long as you have the facts and logic to back it up.

  5. Political correctness has eroded our 1st Anendment rights. Look what their doing to Trump because he speaks truth. . . NASCAR has moved their benefit venue from Trumps hotel in Florida, Univision drop him, Macy’s isn’t selling his clothes line and the socialist Deblasio is even looking at his contracts with the city of New York. They are going to financially punish him for being honest. Political correctness is a detriment to this country. Trump has shown us what damage has been done to this country.

    Then bringing immigrants here for voting purposes is utterly contemptible. As far illegal criminals, it’s very true, look at all the jails in Texas and Arizona, you’ll find the majority of their populations are illegal immigrants who have committed atrocities on Americans. I got to spend a week at a jail, for a study I was doing. I’ve seen rapist, child abusers, lots of gang members, drug dealers and twice in that week, they arrested sex traffickers and the girls recovered were under the age of 15. A lot of others were arrested for DWI and public intoxication. It was a challenge for those officers to try and ID them because they have so many aliases and they lie about their age and names. They have no ID’s.

    There was no arrests of legal immigrants, however there was one guy from Ireland who was arrested for assault. He had been sent back to Ireland before and came back. At that time, the president was letting most of these people stay. The majority of incarcerated people are people from Mexico or El Salvador and not whites or blacks. These jail officers were spat on, feces thrown on them, they were bit and assaulted by them. Yet, they had not had a raise since 2008. They worked 12 hour shifts and Trumps words are most likely music to their ears.

    That’s why I’m offended by the hush hush atmosphere the Liberals espouse in this regard because of PC. So I like Trump talking about it and the more the leftist media tries to excoriate him for it, the more attention is on it. Both Bush and Rubio has shown weakness in this area. Immigrants are fine, as long as their legal immigrants. Rand Paul, Ted Cruz and Scott Walker are also good candidates. Open borders is the greatest risk to our security because ISIS exploits our weaknesses.

    1. “As far illegal criminals, it’s very true, look at all the jails in Texas and Arizona, you’ll find the majority of their populations are illegal immigrants who have committed atrocities on Americans.”

      Anybody have some stats on the distribution of criminal charges for illegal aliens arrested, charged and held in border states?

      Which of those charges fall under the heading atrocities?

      What is the percentage of aliens held for atrocities compared to the aliens held – (number held for atrocities)/(number held)?

  6. Sorry but if Bill could marry that dog in the photo then I do not see what the problem is with Betty Lou Thelma Liz and HumpinDog hooking up in matrimony.

  7. The Clinton’s like the Gore’s are con artists. They do anything they want to do when they want to do it and then deny they did anything wrong.

    As for Trump–he’s a brash speaker who is not remotely close to a politician, and he admits to that. As insulting as many have accused him of being, he is speaking the truth. BTW, anyone who thinks there is only 11.5 million illegals in this country are dim witted. The 11.5 figure is 10 years old. We must have close to 30 million illegals in this country now. Many of them jobless, because we just don’t have enough jobs to go around…soooo, they are on now in our welfare system.
    Trump is also right about Russia and China, so let’s get our heads out of the sand, and not fear political incorrectness.

    Trump will not win, but he’s doing well in the polls, because people are saying. “Yes, finally someone who is saying it as it is, even if it hurts us to hear it.”

  8. Paul C. Schulte…..Clinton/Gore did the same thing, on a smaller scale, to buy votes. Obama is the Clinton/Gore vote-getting scam on steroids.
    Recognising that, I don’t think that a bloward jackass like Trump is the best effective counter to Her Highness.
    I hope that Trump supporters have a “Plan B” once he self-destructs.

  9. Lisa Nichols…..you might look at my comment about Hillary….it’s near the top, c. Comment ,#22.
    Trump is about 4 years younger than Bernie Sanders……Don’t let the orange hair fool you.
    Trump and Sanders are sideshows….I don’t anticipate either one lasting very long. The Republican nominee will almost certainly face Her Majesty Hillary.
    Once the Trump clown show is over, I feel that there are maybe a half-dozen serious Republicans contenders to watch.
    The only question in my mind is if, not when, Trump gets weeded out. I don’t think Gov. Christie will be around very long, either.

    1. Tom Nash – Trump is just telling the truth. Obama has been quietly setting things up for 11.5 million illegals to be able to vote in the next election.

  10. Tom Nash
    ~~ At least he doesn’t accept foreign donations to influence his decisions like Hillary. He doesn’t lie like Hillary. He’s not a Socialist like Sanders. He’s not old like Sanders. How many businesses have the two democrat clowns ever started much less owned. Unlike Hillary, doesn’t have the blood of dead Americans on his hands. He’s done business with every major foreign country and Hillary is for sale in every major foreign country. You can’t sell Trumps loyalty like Hillary does. Hillary isn’t fit to clean Trumps suits.

    1. Lisa Nichols – Hillary does not know how to clean a suit. Let’s be real.

  11. lisa Nichols…..I can’t see that comparing Donald Trump’s multiple business bankruptcies to the bankruptcies of poorly-run cities refects well on either Trump or the politicians who ran their cities into the ground.
    Nor do I consider Trump’s business bankruptcies as “a contribution to social activism”. But if his supporters want to try to make that case,go for it. If he stays in the race for any length of time, he’s going to need all of the help he can get.
    Especially when more and more attention is focused on his business/bankruptcy dealings…..he’s gotten a ” free ride” on his background so far.

  12. This just in from Reuters: “U.S. Democratic presidential candidate Hillary Clinton accused China on Saturday of stealing commercial secrets and “huge amounts of government information,” and of trying to “hack into everything that doesn’t move in America.””

    Spoken like someone who truly knows and has personal experience with this serious problem. Tell us about it Hilary – inquiring minds want to know.

  13. Tom Nash “I agree with your comparison of Trump to politicians who ran their cities into the ground. And they may have worked as hard at that as Trump did screwing his creditors.”

    ~~ Well I bet the “Occupy Wall Street” protesters would consider your last sentence to be pro-consumer and protest on your front lawn. They would back the Donald on screwing his creditors, which is their sociopolitical ideology, since they support anti-consumerism. Trump did exactly what Democrats love to do, so consider that his contribution to social activism.

  14. Thanks I.Annie

    Atlas Shrugged and The Fountainhead were fun to read as a young adult. They have the kind of simplistic thinking and fantasy heroes that appeal to the less-than-fully-formed brain.

    But like so-called Austrian economics, trickle-down theories, and almost everything that libertarians espouse, they are just fantasies that never have and never can exist in the real world.

    Sad these people never grow up. Still, thanks for posting.

  15. Karen S.
    Thanks for your post about Bernie and socialism. I think this is very much like people who say they are TOTALLY opposed to ObamaCare, but when you ask them about the specific provisions they can’t find one they don’t like. When people hear what Sen. Sanders actually has to say, they are often won over.

    The challenge for his challengers will be to try to smear him as a socialist and hope no one goes any deeper.

  16. [music to the Armour Hot Dog Song]

    Cell phones! Where’s my cell phone?
    What kind of people steal my cell phone?
    Fat kids, skinny kids, kids who climb on rocks.
    Big urdTays, little urdTays,
    Even kids with chicken pox,
    Steal cellphones.
    They steal cellphones!
    The phones… kids like…. to bite!

  17. http://gawker.com/ayn-rands-capitalist-paradise-is-now-a-greedy-land-grab-1627574870

    Ayn Rand’s Capitalist Paradise Is Now a Greedy Land-Grabbing Poopstorm

    “Atlas Shrugged readers remember Galt’s Gulch as the rural refuge where Ayn Rand’s Real Men of Genius spurned American socialism for their own anti-leftist paradise. Some inspired libertarians have set up a real-life Galt’s Gulch in Chile. Unregulated capitalism, though, is presenting some problems!

    In other words, Galt’s Gulch Chile sounds exactly like the sort of plan you would expect from a a bunch of fans of a crotchety old millionairess who wrote a book called The Virtue of Selfishness.”

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