The e-mail scandal involving former secretary of state Hillary Clinton has continued to unfold, as we have been discussing. The number of classified emails have now grown to 1340. While the vast majority have low level classification, a few contained information classified at the secret level. This is not the first such allegation of someone stripping classification headers in scandal. The mishandling of classified information is a crime and the level of gross negligence in the use of the private server by Clinton is staggering. However, there has long been a good-faith debate over whether Clinton is being given a pass on a criminal investigation by the Obama Administration or whether her actions (while negligent) were not criminal in nature. A recent story could change that debate considerably if critics are proven correct. One of the emails released recently reportedly shows Clinton instructing an aide to strip off classification markings from a document and to send by unsecure means. Such an act could be charged as a criminal offense under federal classification laws. However, it is not clear that any email was sent and the Clinton staff could claim that she was referring to clearly unclassified material contained in a document. There has been a suggestion that the material in question were “talking points” that were meant to be public or were clearly unclassified. [Update: Clinton says that the email was never sent and that she trusted her aide to make the right choices on what could be sent.]
The 2011 email could add significant pressure for the Obama Administration, even though the House Select Committee on Benghazi said that it is not investigating Clinton’s potential mishandling of classified data through her private, home-based email server.
The email from Jacob Sullivan tells Clinton that “They say they’ve had issues sending secure fax. They’re working on it.” Clinton responds by ordering “If they can’t, turn into nonpaper w no identifying heading and send nonsecure.” To remove classification headings from a classified document is usually treated as a very serious matter, though the level of the classification is not known.
Here is one of the pertinent provisions:
such as 18 USC 793:
d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,
(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
It is important to note that we do not know if the document was in fact classified or, if so, at what level. We also do not know if the aide followed the instructions, stripped the headers, and sent the information on the unprotected server. The concern raised about the transmission and reference to the headers would support the view of some classification level. Notably, this law covers any information “relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”
At a minimum, the instructions raise a serious question of judgment in overriding such concerns about unsecure transmissions and circumventing protections for sensitive material. Having worked since the Reagan Administration with classified information, I remained floored by all of these allegations from the exclusive use of an unsecure personal server to this latest controversy of stripping headings and overriding security objections. I remain confused as to why this is even necessary for a high-ranking official who has a host of security officers who can supply classified material in proper form and under proper controls. I can understand (even if I strongly disagree with) the effect to retain control over communications by relying exclusively on a private server. However, stripping headers of classification markings (assuming that is what happened) would appear a case where simple convenience trumped national security protections for these officials.
Again, however, we will still need to see the classification level of the information to judge the gravity of the act. Telephone books can be classified as “confidential” even though information within the documents are public. What is surprising however is that such a high-ranking officials would send an email to strip markings rather than instruct aides to find an unclassified source.
What is equally perplexing is the expression of shock by Clinton that an aide was using a private email account despite her virtual exclusive use of a personal unsecure server. In another involving Jacob Sullivan, Clinton sends an email dated Feb. 27, 2011, expressing surprise that a State Department staffer was using a personal email account. The diplomatic officer named John Godfrey wrote a detailed summary of information about Libyan dictator Muammar Qaddafi that was forwarded to Clinton. Clinton responds by asking for whom Godfrey works. “Us,” Sullivan writes back. Clinton replies: “Is he in NEA [Near Eastern Affairs] currently? Or was he in Embassy? I was surprised that he used personal email account if he is at State.”
In addition to the Sullivan emails, there is a rising controversy over a Sidney Blumenthal email that many believe was derived from classified sources, including the highly sensitive intelligence generated from the National Security Agency. At the time, Blumenthal held no government position even though he was actively advising Clinton on a host of issues.
JT’s two pet obsessions: freedom of speech to incite/encourage people to do harm to others and scouring Hillary Clinton’s activities to nit pick until he finds something. There’s nothing here that is unique. Perhaps JT would server America better if he were to focus on the core problems: Oligarchs, special interests, the American public held by the short hairs by the illusion of free enterprise, etc. There are a lot more worthwhile problems out there and there are no GOP contenders that wouldn’t set America back twenty years. Do we have to have a repeat of the three stooges and then elect someone to sort it out with the Republicans clawing and screaming all the way. We need another 8 years of this proven solution to the mess created by the three stooges. Perhaps even a little catching up.
Hillary Clinton is a Supreme War Criminal, Mass Murderer. She voted to attack Iraq and promoted many other illegal invasions. She is guilty in millions of murders of men, women and children.
FBI’s Clinton probe expands to public corruption track
Published January 11, 2016
http://www.foxnews.com/politics/2016/01/11/fbis-clinton-probe-expands-to-public-corruption-track.html
This made me spit my Lucky Charms and milk halfway across the kitchen table: “It seems like JT has a mission on this topic. I guess the Koch Brothers have him in mind for some job when Cruz is the next President.”
As if!
Have you not been following this space very long yet?
JT working at the Koch Bros behest is one of the very few things I am way certain won’t happen in my lifetime anyway
Had Clinton been in the military she would currently be in Leavenworth. My job in the Navy involved information classified “Secret”. We had sailors go to Captain’s Mast for disposing of the “Plan of the Day” in the regular garbage. The lesson learned is every bit of information MUST be treated as classified or at the very least, “Need to Know”. From that the handler of the information will be making a conscience decision as to its proper method to keep it secure. Everyone knew if they weren’t sure, then ask. And NO ONE was ever punished for applying too much security.
Hillary is a Zionist warmonger, an Israeli agent. She should be in prison.
The Truth about 9/11 will bring them down.
http://buenavistamall.com/Zionists.jpg
Two good choices Jim. I would also trust Carson. And before anyone devotes one character to how unqualified they believe he is, the question was regarding trust, separation of powers and the rule of law.
She should have been charged already. People go to jail over this and Obama was particularly agressive about it. Except for her of course.
Americans are starting to hate America. Just like other peoples. Here’s the PTB modus operandi: prosecute the weak, let the rich skate & get richer. Parties are a sham. Justice is a lie. The biggest lie is the notion that America is a light unto the nations or any of that crap. Its a country like any other. Just richer and more powerful and more intent on messing in other peoples’ business.
There has never been a more transparent plutocracy
It is disheartening to see Hillary fans try to discourage discussion of Hillary getting caught lying yet again.
There are people who go to jail for far less egregious mishandling of classified documents. It defies credulity that people keep giving her a pass. That is why she, herself, admonished her staff at State to never use personal email for State business. If the name, for instance, of an asset used to capture some terrorist got out, that man would be killed. Or a mission could be compromised and our soldiers could get killed. The littlest data crumb trail could lead to disastrous consequences. What if she discussed POTUS’s upcoming schedule from her personal, potentially hacked email server, and he was assassinated? Who knows, in fact, what damage she has done. I doubt foreign intel will come forward and declare that they were able to utilize her illegal bad acts to their advantage.
It’s not up to us to determine that the law should not apply because we disagree that thus and such data should have been deemed classified. There is a reason why it was, and we would be in absolutely no position to know why. The law is the law and it is supposed to be blind to money, power, and glamour.
If it was the Koch brothers who had behaved similarly, there would be no question on whether to apply the law.
Olly –
Rand Paul.
Michael Scott –
Because the liberals have almost got their lazy population to the magical 50% mark and the others who object are powerless to the system.
Politicians should not be above the law. That is the source of most of their excesses, including Hilary’s, this firm conviction that they are Teflon. Render them accountable and you will render them respectable and lawful.
There would be no agonizing about how to handle this behavior if she was just some employee. They are so serious about the training on classified document handling. And of course she expressed surprise that a State employee would use a private email account. She had sent out a memo reminding everyone to use State secure email for all State business. Which proves she was well aware of the requirements, but openly disregarded it because she’s the Teflon Queen. And then she lied about it repeatedly on TV – with the old “I never sent any classified information on my private email account” etc, along with the I only had one phone lie, along with the it was a video lie, just tossed onto the pile.
She is the epitome of what is wrong with Washington – lies, deceit, and utter lawlessness.
BFM,
I wouldn’t bet against you. This is not so much an indictment of those seeking political power but rather of the people that support them. There is no way a rational person would consider this woman for anything requiring public trust and here she is at the top of the wish list for democrats. We have become so polarized in this country that “El Chapo” would be considered if he were eligible; doesn’t matter which party.
I’m curious to know which candidate everyone believes would be the most trusted to actually respect the separation of powers and hold EVERYONE subordinate to the rule of law; regardless of political party.
I am amazed at how long it’s taken for a definitive review of her conduct in this matter. Does it depend on whether the material was “misclassified”? It shouldn’t. This last story – if true – would be criminal conduct. But both State and the DOJ seem to be dragging their feet. Why are we allowing that?
Michael Scott – I think the FBI is waiting for all the email to drop before they continue interviewing. They seem to have a list of people lined up. Sidney Blumenthal seems to be sending Top Secret info to the SoS even though he doesn’t work for the dept. That is a separate issue. Then there is the stripping of the codes issues. Both the orderer and the doer are guilty. There had been talk of stripping headers before, but this is the smoking gun. Now we have an email where she complains that a person is using a home-brew server and could get into trouble. She uses her home-brew server to complain about it.
It is not going to get any better for her. I think her numbers are soft.
Hillary out smarts Jezebel the woman who was a she-devil.
This heartless woman with a bloody history belied the name she bore, for Jezebel means, “chaste, free from carnal connection”; but by nature she was a most licentious woman.
She was a voluptuary, with all the tawdry arts of a wanton woman. Thus no name could have been more inappropriate for such a despised female.
Savage and relentless, this proud and strong-minded woman carried out her foul schemes. A gifted woman, she prostituted all her gifts for the furtherance of evil, and her misdirected talents became a curse.
Persuasive, her influence was wrongly directed. Resolute above other women, she used her strength of character to destroy a king and her own offspring, as well as pollute the life of a nation.
Corruption is not confined to any given party or ideology. It is a symptom of power.
At this point this woman should not be allowed to run for dog warden. Sadly the corruption in government is so blatant that she will continue to run for the most coveted office in the nation. The democrat party is not the party of my grandparents or my parents. In my opinion it has become a home to socialists, Marxist and closet communist. Our young people aren’t even taught the how bad these forms of government are.
“We’re putting cover sheets on all of our TPS reports. Did you not see the memo? Mmmmm… K.”
Surely the omniscient NSA collected and analyzed all of these messages. Confirming that prosecution is selective, excluding those of the political and economic elite.
Bernie Sanders to The World: Enough of this Hillary email itShay. Let’s talk about issues of national security like when is Mitch McConnell going to ask his Congress to give the President authority to go after ISIS.
–sent by email to the world. All the world is a stage.