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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. The real name for what is happening when cities & states ignore federal law, voted in to effect by representatives of those same states, without response: it is Anarchy

    Are we sure we’re on the road we want?

  2. Aridog…….Nebraska is suing Colorado over the very issue you mentioned. As far as I know, the federal marijuana laws are still on the books, but DOJ has decided not to enforce those laws where 4? States and D.C. have legalized recreational pot.
    Roseen v. Idaho has been covered in this column….Idaho’s reaction to legalized pot in Washington State (and now Oregon; both border Idaho) is to jerk around those states’ drivers with pretext traffic stops.
    Mr. Roseen was ambushed immediately after crossing into Idaho and “detained” for hours while they searched his vehicle.
    I bypass Idaho after my own 2 pretext stops there (Washington license plate) within 25 miles of entering Idaho last year. I had not been pulled over in 35 years_ and I’m hung up twice playing 20 questions and having a K-9 search my car after a bogus “alert”.
    These lawsuits may or may not be resolved in our lifetime….they seem to be moving at a snell’s pace.
    In the meantime, Idaho continues with their general fishing expedition, targeting motorists from the ” wrong” state.

  3. We are on on cock-eyed course when we have “sanctuary cities” where federal law doesn’t apply, and other cities and states where federal drug laws do not apply. I have no objection to honest medical marijuana, but the whoop-dee-do over just selling it to anyone is a bit much. How long before we have little groups everywhere deciding to ignore federal law? And why do the feds do little about it?

    If we want federal law changed, get a bi-partisan group in Congress to do so and stop letting the Executive branch, even the Judicial branch, decide for us. Maybe it is just me.

  4. Progressive logic:
    This can’t be true because St. Hillary would never do anything bad or self-serving like this. And besides, she just has to be our next President. Just, because. So this can’t be true. And even if it is, it doesn’t matter. It just can’t matter. Just, because.

    1. Rick Arllen – the only legitimate argument for Hillary being President is that she has a vagina it is time a vagina was in charge of the White House.

  5. The issue of “sanctuary cities” will likely receive more attention in the wake of the recent murder of the San Francisco woman. The alleged killer had been deported 5 times, and had seven felony convictions in the U.S.
    My understanding is that Immigration, and these sanctuary cities, are inconsistently and ineffectively passing the ball back and forth, or dropping the ball. It seems that local nonenforcement is the bigger part of the problem.
    A good test of the commitment of these sanctuary cities would be to widely advertise their open door policy, then provide free transportation to these destinations for the illegals.

  6. “Bernie Madoff is a non-violent offender. What do you think is an appropriate punishment?”

    Maybe you would rather turn him over to that part of the prison managed by MS-13, or the Crips?

  7. “Arguing with Liberals is like kicking a dead horse and then shooting it again. … Argue with hand, I’m done kicking a dead horse and having to shoot it over and over. Bye Felicia. ”

    Let me give you a clue. You can’t argue with anyone at all if you don’t have any facts to support your opinions.

    All I have done today is ask relevant questions that would allow you to support your argument, correctly point out that you have not produced one single fact to support you fear mongering nonsense.

  8. In the news yesterday, a Illegal Hispanic man who has had multiple arrests and deportations from CA, killed a woman for no apparent reason in San Francisco–the far left liberal capital of the world.
    CA jails are filled with illegal people, not because they are found to be illegal, but because they are gang members, thieves, and murderers. The same holds true for Arizona and Texas.

    California is one of the main contributors to illegal immigration. For years it was easy for illegals to enter CA–and it still is. It’s easy to walk across the border from Tijuana. I’ve known several people who did this and bragged that it didn’t take much effort to cross the border. Look beyond agriculture as the culprit for hiring these people for cheap labor. Look at the restaurants, housekeepers, nannies, warehouse workers, assembly line workers, gardeners, construction workers, seamstresses etc. Hundreds of thousands of jobs taken from American citizens. It was okay when there were tons of jobs and not enough workers, but now we have fewer jobs and too many people seeking jobs. It cannot continue at the rate it is going now.

    People must enter the country legally, with the proper papers–no more excuses.

    1. “People must enter the country legally, with the proper papers–no more excuses.”

      I agree. In today’s world we have to control our borders. I can’t imagine why that would be a mater of debate.

      However, controlling our borders presents difficult problems. And it matters how we do it. We ought to have discussion about what techniques we use to control access to the country.

      We may be a nation of immigrants. But the land and resources are not limitless. Maintaining reasonable living standards for those who are here means making tough decisions about how we control the borders, who we let in, and how we deal with those who break line to come in illegally.

      These are complex difficult questions. But it does not help spout off nonsense that has no basis in fact..

    1. “Argue with hand, I’m done kicking a dead horse and having to shoot it over and over. Bye Felicia.”

      You have not put up an argument yet.

      I would love to debate you. But you have not give us one fact to substantiate the silly fear mongering nonsense you started with.

  10. Why don’t you donate 15% or 20% of your salarie or all Liberals salaries to improve conditions. Texas can’t afford it anymore.

    1. “Why don’t you donate 15% or 20% of your salarie or all Liberals salaries to improve conditions. Texas can’t afford it anymore.”

      Baloney. Texas does even have individual or corporate income taxes.

      I don’t doubt that immigration is a problem. But it is a complex problem. It will not be solved by fear mongering smearing the many with the crimes of the very few – my goodness ICE detaining and deporting fewer than 3700 felons in three years. That is a serious problem. But it is nothing like the fear monger nonsense you have been spouting.

    1. “Arguing with Liberals is like kicking a dead horse and then shooting it again. Gays argue they are born gay but yet, how can that be when Libs don’t recognize a fetus as human or alive but yet can know it’s born gay. ”

      I would love to debate you. But you have not yet presented a single fact to substantiate you initial claim.

      Can you tell us which chargeable offenses constitute, by your definition, atrocities? You got it? Or not?

      Can you tell us how many chargeable offenses/atrocities have been committed? Or not?

      Can you tell us how many of those chargeable offenses/atrocities have been committed by illegal aliens? Or not.

      You got any facts? Or are you just faking it?

  12. With the obama administration and special interest groups working to push legislation through congress that would grant permanent legal status (i.e., an amnesty) to the illegal alien population, it is worth taking a fresh look at the current fiscal costs of illegal immigration to texas taxpayers and the potential effects of enacting an amnesty.

    http://www.fairus.org/DocServer/research-pub/TexasCostStudy_2014.pdf

    1. “With the obama administration and special interest groups working to push legislation through congress that would grant permanent legal status (i.e., an amnesty) to the illegal alien population, it is worth taking a fresh look at the current fiscal costs of illegal immigration to texas taxpayers and the potential effects of enacting an amnesty.”

      This report is not even about felons or the crimes they have committed.

      You ought to be ashamed of yourself for just throwing stuff against the wall and hoping that it will stick.

    2. Lisa Nichols – because the Supreme Court will not require citizenship be proved for voter registration, it is going to put a potential 11.5 million Democratic voters on the rolls. They are also trying to clear out the prisons so they can vote, too.

    1. “The information below is taken from news sources. The aliens in these reports were all identified as being in the country illegally, and many of them had come into the hands of law enforcement agencies prior to the crime that is described below, but the alien was not deported or in some cases was deported but reentered the country.”

      That article list 15 felonies in 18 months. I doubt that is accurate.

      But I don’t think you are convincing me that border prisons are being overwhelmed by illegal aliens when you present an article that documents 15 felonies in 18 months.

    1. “However, a growing number of Texas private prisons built on speculation have failed in recent years to win or maintain contracts. Just take a look at Emerald’s own history. The company pulled out of the LaSalle County Detention Center in Encinal after failing to secure a profitable enough contract with the federal government and the County is currently facing default on its bonds. Several other Texas communities have faced similar problems — including Waco’s Jack Harwell Detention Center and the empty Bill Clayton Detention Center in Littlefield — as well. … Alvarado has clearly been sold a bill of goods here, and the city and federal government should be wary of contracting with companies whose leaders openly use dispariging terms for immigrants and gloat about making money off of their prolonged detention. ”

      So you are claiming this supports you claim that illegal aliens commit atrocities and are over whelming jails and prisons in border states???

      Do you even read what you post?

      I really hope you don’t turn in home work like this.

    1. ” That number represents about 16.4 percent of the state and local prison population compared to the 12.9 percent of the total population comprised of foreign-born residents.”

      So FAIR tells us illegal aliens are represented in slightly greater proportions. That does not sound like they are overwhelming the border states to me.

      Did FAIR tell you which of those illegal aliens committed atrocities.

      Claiming that border state prisons are overwhelmed by illegal aliens who committed atrocities sounds like fear monger to me.

    1. “In Travis County, the program has indeed led ICE agents to flag people charged with murder and other violent crimes for deportation. Over the past three years, ICE issued detainers for people charged with 3,614 felonies , including Areli Carbajal Escobar, who isn’t likely to be deported because he was sentenced to death last year for the 2009 sexual assault and murder of 17-year-old Bianca Maldonado in East Austin.”

      So let get this straight. You are claiming that border prisons are filled to overflowing with 3614 felons?

      This story suggest that ICE has ample resources to handle the illegal aliens they encounter.

      3614 felonies in the past three years does not sound to me like illegal aliens represent a particularly dangerous population – after all there are probably well over 10,000,000 in the country. And 3614 felonies in the past three years does not sound like prisons in border states are over whelmed.

      And I still wonder which of those 3614 felonies are atrocities? In some states driving on a suspended is a felony. Is that an atrocity too.

      So far I don’t think you have in any way substantiate you claims that jails in border states are being overwhelmed by illegal aliens who have committed atrocities.

      You remember that claim you made.

      Can you tell us which chargeable offenses are atrocities.

      Can you tell us how many atrocities have been committed.

      How many illegal aliens are held in state jails and prisons for atrocities.

      What about it?

      Have you found any real data yet?

    1. “Some of these Texas facilities are little more than tents, privy to poor plumbing and little protection against the elements. This leads to reports of unsanitary conditions such as overflowing toilets, insect infestations, and overcrowded living quarters. And with a sluggish legal system to process these prisoners out of CAR facilities, the result is a huge waste of taxpayer dollars — in 2014, the Bureau of Prisons requested $700 million for 2014 to fund privately-run prisons such as CAR facilities, according to the ACLU’s report.”

      Excuse me, but if you took the time to read the story you would see that the unmittigated disaster is the prison and the treatment of the inmates.

      It is the prison that is the disaster!!! The atrocities are committed against the prisoners!!!!

    1. “The facility is run by MTC, a private company that is under contract with the U.S. Federal Bureau of Prisons (BOP). The BOP lists the number of detainees at 2,881, with the population being made up primarily of immigration detainees.”

      So a whole bunch of people that might or might not be illegal aliens rioted at a contract prison.

      Do you have a clue how many times prisoners riot at contract prisons run by companies like CCA and MTC.

      BTW, if there are any atrocities going on in that story they are probably committed by the contract company on the inmates through things like under staffing leading to inability to maintain order, unnecessary violence against inmates, and deficient medical care.

      Careful not you might have me crying for the inmates even though we don’t have a clue as to which are citizens and which are illegal aliens.

    1. Fascinating article that tells us:

      Q: I would think that undocumented immigrants would be more likely to commit crimes than American citizens. But I read a story the other day that said they actually commit fewer crimes than most Americans. Could that really be true?

      No one really knows for sure. Various reports have demonstrated that many of the country’s lowest crime rates can be found in places with the highest immigration rates; that America’s crime rate dropped radically between the mid-nineties and the early twenty-first century, just as immigration was booming; and that the incarceration rate of native-born men is higher than that of immigrants. But there are problems with these reports. Few of them differentiate between legal and illegal immigrants; the former are often well-educated people who have been vetted by immigration officials and their prospective employers. Lumping them in with illegal immigrants might sharply skew the statistics. Also, using incarceration rates is tricky: It is surprisingly difficult to determine what portion of the prison population is made up of people who are here illegally. As a result, the crime rate among undocumented immigrants could be under reported.

      I am still trying to figure out which of those chargeable offenses are atrocities.

      BTW, the article in several places emphasizes the complexity of the immigration problem, and suggest, to me at least, that intuition is not a good guide.

      1. bfm – here in Arizona and California we know that MS13 has brought in illegal aliens to run their criminal enterprises. When they are caught and go to prison, they run either the prison or a section of the prison.

        1. ” here in Arizona and California we know that MS13 has brought in illegal aliens to run their criminal enterprises. When they are caught and go to prison, they run either the prison or a section of the prison.”

          So what is the answer to that?

          It seems to me that one approach to a small part of the problem would be to empty the prisons of the non violent offenders who can likely be managed better in other types of programs.

          That way the limited resources of prisons and staff can concentrate on the population that poses a serious problem. When prisons are over populated the way they are in California I doubt it makes much difference who is behind bars. Some group, and I don’t mean prison staff, is going to run the joint.

          It seems insane to me to think we can jam any offender in to prison for years, cut staff and have everyone play nice.

          I think there is pretty good evidence that we would save money and have a much better chance of turning them into productive citizens by putting them in programs instead of behind bars.

          I will admit it. I have absolutely no moral stake in this. What I care about is the quickest most cost effective road for an offender to become a productive citizen. And that path usually, for most offenders does not lead behind bars. Of course there are some who will be violent – what ever approach we try. We need to save the prisons, our funds and staff to control those prisoners.

          1. bfm – Bernie Madoff is a non-violent offender. What do you think is an appropriate punishment?

            1. “Bernie Madoff is a non-violent offender. What do you think is an appropriate punishment?”

              Five hundred years in prison. Next question.

              1. bfm – you wanted the non-violent offenders let go. Now you change your mind with Bernie Madoff. Ya can’t have it both ways,

                1. “you wanted the non-violent offenders let go. Now you change your mind with Bernie Madoff. Ya can’t have it both ways,”

                  Actually I was imprecise and I appreciate you for helping me clarify.

                  Many, perhaps most, non violent offenders, but not all, probably would do better for them selves and for society be being released from prison. Social policy ain’t logic – there are exceptions.

  20. ” 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.”

    Correct me if I am wrong. But, to me, that sounds like an admission that you don’t have the data and you don’t know where to find it. If that is true maybe you should not go around claiming that the jails of border states are filled with aliens who have committed atrocities.

    I am sure there are many aliens who have committed serious crimes. However the vast majority have not. We incarcerate huge numbers of citizens – but many are held for years for non violent crimes. I don’t think our understanding is enhanced by using terms like atrocities and making claims that are not supported by data.

    The fact is that violent crime is trending down – but still a serious problem.

    The fact is that our immigration problem is far more complex than just the number of violent crimes committed.

    Scare talk about atrocities doesn’t help anyone and does not help us understand the problems we face.

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