In a major development on the Clinton email scandal, the New York Times is reporting that the inspectors general for the State Department and the intelligence community have asked the Justice Department to open an investigation into whether there was mishandling of classified information by Hillary Clinton using a personal email account while secretary of state. While the newspaper referred to the action as a criminal referral, the Administration quickly moved to counter the story and insist that it is not technically a criminal referral. We have previously discussed this story and the insistence of Clinton that she did nothing wrong in maintaining a private email system and that none of the emails were classified. I disagreed with both premises as well as expressed great skepticism over Clinton’s insistence that she was really not trying to control her emails and insulate them from review but rather simply did not want to carry around two phones. According to the New York Times, investigators believe that Clinton’s email archive contained “hundreds of potentially classified emails.” Nevertheless, the Justice Department appears to be moving to counter any expectation of a criminal investigation against the former Secretary of State under Obama. We have previously discussed the special treatment historically given powerful figures in violating national security rules or practices.
That is if anything a conservative estimate. As I discussed earlier, virtually anything coming out of the office of the Secretary of State would be considered classified as a matter of course. 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 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. You do not generate material as the Secretary of State and assume that it is unclassified. You are supposed to assume and treat it as presumptively classified. Otherwise, there would be massive exposure of classified material and willful blindness as to the implications of the actions of persons disregarding precautions. 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 Justice Department has confirmed that it has a request for an inquiry and I fail to see any basis upon which it would not open an investigation. This is a major escalation and will make it more difficult for Clinton to maintain the past spin on the scandal as a purely political hatchet job.
It will also make Clinton’s order to destroy thousands of emails even more problematic. Those emails might now be considered to be potential evidence of a crime like destroying classified papers that you improperly brought home and than insisting that you judged them to be unclassified. The investigation could also expose her aides to criminal questioning under the threat of 18 U.S.C. 1001. That could lead to disclosure of what they were told and what they saw in the emails. It also means that the continued refusal of Clinton to turn over the server will be increasingly difficult to maintain.
As impressive as this exclusive statement is for the Times, there is a controversy over changes made at the request of the Clinton campaign that were not disclosed. Politico is reporting that the Clinton campaign insisted on a change of a line that read that the inspector generals asked for an investigation “into whether Hillary Rodham Clinton mishandled sensitive government information on a private email account she used as secretary of state.” That was changed to “into whether sensitive government information was mishandled in connection with the personal email account Hillary Rodham Clinton used as secretary of state.” The headline was also changed from “Criminal Inquiry Sought in Hillary Clinton’s Use of Email” to “Criminal Inquiry Is Sought in Clinton Email Account.” Both changes are obviously designed to give Clinton a little deniability as to her own role and accountability. However, she has never denied being fully aware that she was electing to circumvent the State Department account for her communications. Indeed, she has indicated that it was a conscious decision based on her earlier views of convenience and multiple phones. Her repeatedly claim that she was never subject to a subpoena has been described as false by media like CNN after it was disclosed that she had indeed been given a subpoena for the emails.
If there is an investigation, this means that Clinton will have to continue much of her campaign facing a possible criminal indictment and subject to questioning from investigators. It will also mean that media will be hard pressed to ignore the story or accept the past soundbites on convenience or political motivations. It also means that, while Clinton has described the release of the emails as “kind of fun,” it is about to get a lot less fun.
Olly, If Biden runs he should have Bob Fillner on the ticket. Can you believe someone uttered the words, “Joe Biden is a very smart guy.” That declarative sentence will be remembered by me and used when needed.
On the subject of Clinton and her emails, where the IG found some previously classified items…he is what I posted elsewhere to day:
Hillary Clinton again lies to your face. If the IG found previously classified documents then she lied. They are NOT hard to identify. Hillary took ofice office in 2008, but since about 2004-5 all federal emails have the word “Classified” or “Unclssified” in the subject line inside brackets. Any she received would be so marked. Period. Those marked “classified” have an encryption key that must be used to read. I get emails periodiically from the USG and they ALL have this classification annotation in the subject line…and since I no longer have a CAC Card or active clearance ( no “role” for it), I cannot read the classified portions of a message. And I do not need to do so.
What hacks me off about Clinton is that she presumes everyone is as stupid as she is…in this case evan a low ranking GS-04 knows better. I am only surprised it took an IG investiation to finally real the truth.
Worse, did she also send out classidfied information over her private server? That would let her claim the info was not classified…e.g., lacks the annotation. That would also be breaking the law, and were I to do it, becasue some fool sent me a PDF modified copy of a classified document,…e.g., made it available to me, I would be in jail. Why isn’t she?
In my days in the state department we followed this generally accepted designation:
classified information
“Official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated.”
Exactly, how did Mrs. Clinton break the law?
If she is still using the blackberry protocol the documents are encrypted which are very hard to breach.
Even if she was not using the actual Blackberry phone, the are now available blackberry apps that can be downloaded for Apple, Android and Windows Operating systems.
I think the democrats ought to run Sanders/ Warren against any of the republicans. For once, give us a real choice!
David, The flyboy has been caught being factually challenged in the past. He has some kamikaze in him.
Lisa, DBQ and now Squeeky, showing us that smart women rule. Great thread. Imagine what people would think of Turley blog women if you 3 were not commenting on this thread! LOL! We need bam and Karen joining the female rock star thread.
Well, since we are talking about crazy redneck killers, this is kind of topical. A set of Lost Quatrains of James Dickey have just come to light! This is going to shock the whole literary scene! Deliverance was a poem before it was a movie, or a book!
https://pansiesforplato.wordpress.com/2015/07/24/au-courant-the-lost-quatrains-of-james-dickey/
Squeeky Fromm
Girl Reporter
“Joe Biden is a very smart guy, who occasionally puts his foot in his mouth.”
LOL! His feet are the least of his problems. keep an eye on his hands because they seem to have a mind of their own.
Senator Ted Cruz has chosen the wrong side.
America is waking up to the deceit of the state of Israel / Zionist Jews in this country
Inga – the mental health society failed him. It is clear from the article that he was unhinged. It also appears that he belonged to a lot of groups.
Senator Ted Cruz Booed Off the Stage—for Supporting Israel
Israel and American Traitors did 9/11
https://youtu.be/YOOZ6aPooSk
Senator Ted Cruz Booed Off the Stage—for Supporting Israel
Ted Cruz is a Zionist
Israel and American Traitors did 9/11
http://www.newsweek.com/senator-ted-cruz-booed-stage-supporting-israel-269968
At best this is incredibly stupid and arrogant on the part of Hillary Clinton and whoever is advising her. I think it disqualifies her from running for president. Surrounding yourself with bad advisers is a sign of poor judgement…look at GW Bush for chrissakes and the really really stupid people he had working for him.
Joe Biden is a very smart guy, who occasionally puts his foot in his mouth. Bernie would truly be awesome.
And just a quick tip for all the “Clintons are murderers” and 9/11 truthers who showed up here: The Affordable Care Act mandates coverage for mental health benefits. Please take advantage and get some help. I worked in mental health for years, and I can honestly tell you, you need help.
Hahahaha go Ted Cruz! Another honest guy trying to right the wrongs of the past 16.5 years of government. Him, Rand Paul and Donald Trump have lit a fire under the Conservative majority! 2016 can’t come fast enough, it’s time to retire the Communist Muslim president and his terrorist buddies.
https://video-dfw1-1.xx.fbcdn.net/hvideo-xft1/v/t43.1792-2/11762090_10153687707565579_1689847520_n.mp4?efg=eyJybHIiOjE1MDAsInJsYSI6NDA5Nn0%3D&rl=1500&vabr=417&oh=5adef0d9c8aee6378d81fadd0cbd510e&oe=55B2DA45
Two days ago, Donald Trump’s Facebook page had 2.5 million followers. Today he has 2.6 million followers on Facebook.
Donald Trump has 2.6 million
Rand Paul has 2.0 million
Mike Huckabee has 1.8 million
Ben Carson has 1.7 million
Ted Cruz has 1.3 million
Rick Perry has 1.2 million
Marco Rubio has 917,000
Scott Walker has 336,000
Jeb Bush has 224,000
Carly Fiorina has 128,000
Lindsey Graham has 124,000
Chris Christy has 114,000
Hillary Clinton has 1.0 million
Bernie Sanders has 873,000
Joe Biden has 837,000
Martin O’Malley has 74,000
Jim Webb has 28,000
Lincoln Chaffee has 8,000
I think we know who the top 5 of both parties are, as far as popularity. Donald Trump has 3.34 million Twitter followers. Hillary Clinton has 3.9 million Twitter followers.
@Dust Bunny “Anyone else hear the Twilight Zone theme music when reading that?”
Yep! lol
Hugo Black was a liberal justice on the Supreme Court.
Woodrow Wilson was one of the worst Presidents of all time and he segregated the Armed Forces and Washington DC once again.
I am for The Donald and enjoy the entertainment each night on TV. I am a liberal for The Donald. Maybe a Libertarian too.
We have lost our country.
LOUIS FARRAKHAN: ‘ISRAELIS AND ZIONIST JEWS PLAYED KEY ROLES IN 9/11 ATTACKS
https://youtu.be/RXqTcw8Q4f0
A quietly buried 9/11 FACT by Ken O’Keefe
Israel and Traitors in the U.S. did 9/11
https://youtu.be/42Xk_OWgJmc