Hillary Clinton has insisted throughout the ongoing email scandal on two points repeated as a virtual mantra: there was no classified material sent on her unsecured personal email system and she was in total compliance with the law. I have questioned both points and noted that she is really saying that no “marked” classified material was sent (a less than compelling argument) and she is speaking of federal criminal laws as opposed to the clear official policy not to use such personal servers. It appears clear that some of this material was indeed classified and, as I discussed this week on NPR, the policy against doing what she did was clear and strong at the time of her tenure at State. Now, United States District Court Judge Emmet Sullivan has weighed in with comments this week that Clinton clearly did violate State Department policy and that violation caused much of the difficulty in retrieving her communications while in office.
What is now clear is that Clinton used her personal server exclusively (something that is extremely rare) and that she conducted official business of State over the unsecured system (including the transmission of material now deemed classified).
I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. 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. As Secretary, Clinton received the highest level of intelligence and there is always a concern that second generation discussions will be influenced or reveal such information. That is why State Department people are asked to conduct official business on the secure system. 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.
The policy referenced by the Court was evident in a communication that out under Clinton’s name to all State Department employees that warned them to “[a]void conducting official Department business from your personal email accounts.” There is also a 2005 department manual covering the transmitting of information that is “sensitive but unclassified.” The manual said that department-related email should go through servers authorized by the department.
In the latest hearing on the Freedom of Information Act lawsuit, Judge Sullivan noted “We wouldn’t be here today if this employee had followed government policy.” The Court noted that the failure to comply with clear policies had complicated the State Department’s ability to respond to requests for records. He further ordered the server (which was only recently turned over by Clinton after months of refusal) to be examined for any response emails. That server was reportedly wiped clean before it was turned over by Clinton staff members though it may be possible for some of the material to be retrieved.
The Justice Department and State Department have been opposing all efforts to secure the information. Justice Department lawyer Peter Wechsler argued that the open records law normally doesn’t allow for searches of government officials’ private accounts, but Judge Sullivan said that this was a different situation because “there was a violation of government policy” and “We’re not talking about a search of anyone’s random email.”
In the FOIA lawsuit, Judicial Watch is seeking records about the employment arrangements of longtime Clinton aide Huma Abedin, who served Clinton’s deputy chief of staff at the State Department but later moved to a part-time position while also doing private consulting work.
A tense moment arose when Wechsler said he did not know whether the FBI was actually in possession of Clinton’s server or thumb drives. “You’re a Justice Department attorney?….You can’t tell me? . . . I need to get an answer . . . We’re tiptoeing on the head of a pin because there’s only one government.”
The Extreme Court illegally comingles the definitions of words to dictate its collectivist ideology.
Obama is in “overreach,” according to constitutional scholars, bringing America to a “tipping point.”
Obama’s ineligibility, incompetence and lack of qualification for office delvers unconstitutional illegal alien invaders to the U.S., stifles free enterprise, perpetuates racial bias as affirmative action, gives nukes to Iran and has the EPA polluting the environment.
Hillary takes bribes and violates secrecy laws in a stream of corruption decades long.
The 14th amendment illegally misapplied for the benefit of foreign citizens
(yes, folks, the constitution was written for the benefit of foreigners and they have standing; it’s the section titled the “American Dream” for foreigners).
Illegal vote fraud has been perpetrated for decades by liberal/collectivists through unconstitutional, illegal aliens and “anchor babies.”
CA Gov. Moonbeam and S.F. officials violate the Constitution as “sanctuary states” and “sanctuary cities.”
Article II, Section 4 of the Constitution requires impeachment of officials for “High crimes and Misdemeanors.”
Transgressions are perpetrated with impunity.
Congress is helplessly constrained by the Constitution (ostensibly).
What “Fresh Hell” awaits America?
Stay tuned.
Anna, what she did violated Clinton’s own policy that she established for those under her. Did you see the cable she sent, telling her department to avoid conducting official department business using their personal email address?
http://www.foxnews.com/politics/interactive/2015/03/05/state-department-cable-june-28-2011/
Clinton also violated 44 U.S.C. 3101 by using her personal email account exclusively.
“44 U.S.C. 3101, requires that the
head of each Federal agency shall
make and preserve records containing
adequate and proper documentation of
the organization, functions, policies,
decisions, procedures, and essential
transactions of the agency and designed
to furnish the information necessary
to protect the legal and financial
rights of the Government and of
persons directly affected by the agency’s
activities. ”
http://www.gpo.gov/fdsys/pkg/CFR-2002-title36-vol3/pdf/CFR-2002-title36-vol3-sec1222-12.pdf
Paul C. Schulte:
You use the word “procedure” when what is at issue here is “policy”; policy and procedure are not the same.
Policies are the rules and guidelines according to which a government department or agency conducts its business.
Procedures describe how each policy will be put into action in a government department or agency.
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Robert Rex EDWARDS :
You write, “Do not forget she lied to a court as a lawyer on a rape case in 1992.”
Can you be more specific and tell us in what court Hillary “lied to a court as a lawyer on a rape case in 1992”? — and the name and number of the case , so we can look it up?
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Karen S:
You write, “Hillary Clinton has not been subject to the same penalties that any other person would be who did the exact same thing.”
Has Hillary been found guilty — as the result of a trial in a court of law — of breaking some law? And if so, what law is that, and when was the trial?
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Anna –
Where in either paragraph do you see the word procedure?
Anna,
Have you ever held a security clearance? Your question may stem from a legal aspect of what Clinton could use to wiggle out of this. That being said, regardless of whatever the official government policy is on the use of private email accounts/servers for government business, what do you believe SHOULD BE the proper method to ensure the security of ALL official government email data?
“If Clinton’s overreach, negligence, arrogance turns out to be greater than the precedents set by the last administration, then by all means, take her down.”
“There is a level of performance that is expected of our elected officials.”
According to isaac, the ONLY standard of performance for our elected officials is whether or not it exceeds the abuse of government power previously unchecked. THAT is the logic you get when one places the rule of man ahead of the rule of law.
Nicely done!
“I think you could call the State Department and get the info.”
I understand it’s lost, having been stored on Hillary’s toilet-based server.
“Washington (CNN)—Gen. David Petraeus, once a widely celebrated military leader who oversaw operations in Afghanistan and Iraq and was touted as a potential presidential candidate, was sentenced to serve two years on probation and to pay an $100,000 fine on Thursday for sharing classified information with his biographer and lover, Paula Broadwell.”
—–
“National Review — Though rumors of impropriety have swirled around Abedin for over two years, in the past two weeks they’ve snowballed into concrete allegations. Last week, the State Department inspector general claimed that the trusted Clinton confidant owes the government nearly $10,000 for violating rules regarding vacation and sick leave. And in court on Monday, Hillary Clinton admitted Abedin had an e-mail account on the now-infamous private server run out of Clinton’s house while she was secretary of state, and that the account “was used at times for government business.” State Department investigators say they’ve now expanded a probe into Clinton’s use of private e-mail to include “top aides,” meaning Abedin is almost certainly under federal investigation for the possible exchange of unsecured, classified data.”
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Are there any material differences between these cases?
Paul C. Schulte:
In this article, Jonathan Turley writes, “the policy against doing what she did was clear and strong at the time of her tenure at State.”
I asked to see the place where that specific policy — forbidding the use of a personal server — appears in writing.
Government policy does not depend on people figuring out for themselves what government policy is on some issue; government polity is either written down somewhere OR it does not exist.
So, show me where the government policy is written that forbids the use of a personal or private server.
And show me the effective date of that policy, if it is written down anywhere.
Anna – I do not have access to the State Dept. policy manual, do you? Actually, I think there is a standard policy for dealing with classified material across the government. But I am not sure on that. I know people have lost their jobs for doing a lot less than Hillary and some have gone to jail. Snowdon is hiding out because a lot of what he uploaded and then download was classified.
I think you could call the State Department and get the info.
Herman and the Kermits]
[music- to Henry The Eighth I am , I am]
I’m Hillary The 8th I am!
Hillary the 8th I am, I am.
I got married to the hillbilly next door.
His name was Hillary Seven Times before.
And I’m the 8th Hillary!
Wouldnt be a Willy or a Fred.
For there ain’t no name like Hillary!
Hillary The Eighth I am!
[second verse is same as the first]
“This isn’t the United States of Foreign Nationals and illegals. It’s the United States of America and Americans.”
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Lisa,
Make my day. Thanks for the comedic break. That is hilarious.
Have you ever been to California?
Come see your future, America.
Enjoy.
P.S. The “American Dream” is for foreigners. It should be retitled the “Earthian Dream.” Every person in the world is an American-In-Waiting – waiting for his “free stuff.”
Well, she may be a lying, cheating, sociopathic criminal, but she’s our lying, cheating, sociopathic criminal.
When Bill Clinton was in the White House, he, Hillary and their entire staff used one saying over and over again.”I don’t recall”! As far as Trump goes, I just hope he isn’t Moussollini with a bad comb over! God bless America.
Paul Shulte:
The FBI during the McCarthyism era in the 1950’s always had great zeal going after the U.S. State Department officials but to my knowledge had little interest in the felony crimes and other abuses perpetrated by DOJ officials (their parent agency). Post 9/11 blacklisting programs and tactics are far worse than McCarthyism in the 1950’s with computer technology.
There seems to be ample evidence to investigate Ashcroft for far more serious allegations and there are statute of limitations concerns. Ex post facto laws passed by Congress are prohibited under the U.S. Constitution dealing with illegal wiretapping by Bush officials.
Hillary’s offense looks like jay-walking compared to serious felony crimes by other officials.
Ross – the fat lady has yet to sing. It is going to get worse for Hillary. Did Ashcroft run a server out of his home for classified and secret email?
BTW, I know this will not be reported by the MSM but Hillary was not issued with any government phones, laptops or computers. And they are not sure what happened to Huma’s and Cheryl’s. There are also two new names that have popped up but State does not want to give them up right now. There is a Status conference in 45 days. They should appear then.
“We are creating a government ruling class not subject to the same laws of the citizenry.”
Police aren’t held to the same laws as citizens either. They may not be the ruling class, but they are their foot soldiers. Let’s not focus on some lawlessness, while ignoring others.
Karen
“We are creating a government ruling class not subject to the same laws of the citizenry.”
It already exists, has existed for most, probably all Presidencies, and will no doubt continue to exist. It comes with the territory.
Tightening the limitations of this sort of behavior can only be done by pursuing the culprits when they overstep their boundaries. If Clinton’s overreach, negligence, arrogance turns out to be greater than the precedents set by the last administration, then by all means, take her down. It does smack of a political witch hunt, however, when compared to what the Republicans did, how they did it, and the disastrous results of what they did, it is nothing. This entire affair is Clinton’s shortcomings exploded way out of proportion by the Republican party. Take a careful look at how the Republicans have performed since Obama was elected and you will understand.
There is a level of performance that is expected of our elected officials. There is a degree of scrutiny that should be expected from their detractors. Hopefully people will understand this and get tired of the constant whining. After all they got tired of much worse and seem to have forgotten all about the shame that was the three stooges.
One must carefully scrutinize the band wagon before mounting.
Is anyone else appalled that the DOJ and State have fought against securing the information that they, by law, must do?
We are creating a government ruling class not subject to the same laws of the citizenry.
What most concerns me is that Hillary Clinton has not been subject to the same penalties that any other person would be who did the exact same thing.
The law literally does not apply to her. People get criminally charged for far lesser violations regarding classified information.
Not only have the usual penalties not been applied, but we’ve seen clear signals that her voters do not care. They will vote for her with full knowledge that she has been caught lying and breaking the law again , and yet they will do their best to give her access to the Big Red Button.
We complain bitterly about the lawlessness of politician and pay-to-play in Washington, and yet we, as a people, do nothing about it except become more jaded. We get what we deserve in our politicians.
Courts are supposed to be non-political so shouldn’t we start with former AG John Ashcroft abusing the “Material Witness Statute”? Or felony wiretapping without a judicial warrant prior to Congress enacting legislation ex post facto laws are unconstitutional, you can’t commit a felony then make it legal.
We should start here due to statute of limitations concerns.
Ross – let’s just deal with Hillary. We already have a judge who has said she violated State Department procedure. We have a State Dept that is trying its best to protect her. Finally, we have a judge who has had enough of all of this and is pushing for answers. It is amazing the things that have happened since he lit a fire.
“clear official policy not to use such personal servers”?
Can you point me to the place where it is written into State Dept. policy that using a personal server in not permitted?
Anna – you cannot think that sensitive or secret material should be on a person’s home server. People have lost their jobs over just taking the paperwork home.
Dog Lover. . . Yep, Hillary’s crimes put our countries security at risk. She might be how the Chinese were successful at their breaching OPM. All you need is a digital footprint that leads to all the government departments that she has emailed from her private server!!!! That’s it, to get in.
Donald Trump’s interest is, securing this country and making Americans, a 1st priority and that includes you. Hillary and her Obama and Iranian friends are about taking this country and making it about all foreigners and their rights and their jobs and their healthcare! F that.
This isn’t the United States of Foreign Nationals and illegals. It’s the United States of America and Americans.