The FBI and its director James Comey have been careful not to be swept into the political campaign in comments about the investigation of Hillary Clinton’s personal server. The Clinton campaign, and the candidate herself, have repeatedly scoffed at any danger of an indictment and insisted that this is merely a “security review” or “security inquiry.” Indeed, close Clinton confidant Sidney Blumenthal was on CNN this morning stressing that this was nothing more than a security review. Now Comey is being quoted by Fox News chief intelligence correspondent Catherine Herridge as directly refuting this core claim by Clinton and saying that this is a criminal investigation. He would also likely disagree with Bill Clinton’s recent claim that the investigation was just a “game” and nothing more.
Herridge asked Comey if the bureau is conducting a “security inquiry” into the server and Comey responded “I don’t even know what that means, a security inquiry. We do investigations here at the FBI.” While that certainly does not mean that Clinton will be indicted, it directly contradicts her repeated characterization in the scandal — and a virtual mantra by Clinton supporters.
Some of us have been questioning the dismissal of the investigation as an inquiry as well as the clearly misleading argument that the key issue was whether material was marked as classified. The emails never had to be marked to be considered classified. Yet, Hillary Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” 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. 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. Indeed that understanding was formally agreed to by Clinton when she signed the “Classified Information Nondisclosure Agreement,” or SF-312, which states that “classified information is marked or unmarked classified information, including oral communications.” 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. Classified oral communications are not “marked” nor would classified information removed from secure systems and sent via a personal server. Likewise, classified oral communications that are followed up with emails would not be “marked.” 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.
In other developments, the FBI has agreed to some limitations on questioning top Clinton people as evidenced by the walk out of Cheryl Mills when asked about aspects of the email system and the review of emails. There was also a recent disclosure that the State Department is saying that all emails from the IT person responsible for setting up the server have gone missing.
THEY DO WHAT THERE? INVESTIGATIONS? Yeah sure they do, maybe investigations concerning you, your neighbor or me, but go to the FBI with hard Factual proof of Criminal RICO Public Corruption all on Verifiable Official Record , all supported by Constitutional Rights, various U.S. Criminal Codes, Sworn Oaths, Core Mission Objectives, it does not matter. The FBI is nothing short of a Fraudulent Treasonous Sham , they refuse to uphold our Rights, U.S. Criminal Codes, honor their Sworn Oath or Core Mission Objectives. They are so totally Criminally corrupt, they Misprision Criminal Felony Public Corruption/Organized Crime, Aid& Abet Criminal RICO Public Corruption.
The FBI has sunken to such a deplorable gutter level treasonous low, that there are no provisions listed under Abuse of Authority, Abuse of Office, Collusion, Color of Law, Cronyism to adequately describe how perverted and Fraudulent this FBI agency has become. Now their Conduct resides with Domestic Terrorism, Domestic Torcher, undeniable first class Grade “A” TREASON & TYRANNY!
BE REST ASSURED THIS HAS NOTHING TO DO WITH MY ISOLATED BIASED OPINION, THESE ARE FACTS ON OFFICIAL RECORD
I’m no fan of Hillary, but it seems to me that there is a HUGE gap between the mandatory security regulations, as written, and how the State Department controls its own people. I assume that when a new secretary takes over, the security procedures that are IN PLACE must be followed. That would seem to include NOT using your own email system. Since this is how the problem began, why was she allowed to do that? Nobody has yet said that she kept her use of the system a secret or that she lied to anyone about using it. Unless I missed that. I can’t see any “criminal” charges if her use of private emails was clearly known to the White House and they DID NOTHING!
It now appears that Mook was sitting in on the hiring of State Dept political staff, including the IT guy, whose emails have disappeared. Also, Hillary was warned in 2009 that her current Blackberry was not secure when she visited Asia but she was still using it in 2011. A former DOJ staffer says she fills the criteria for ‘gross mishandiing of sensitive material.’
Jon Turley and many here continue to believe in the illusion that the law matters when crimes are committed at highest levels in government. It doesn’t. The law is irrelevant in matters like this. The Clinton email case is completely under the control of the NWO Establishment that controls all major activities of the US Government. As the NWO Establishment favors and values Hillary Clinton, as a proven, reliable, and loyal servant, the NWO Establishment is not going to let the legal system do its work in this case. And anyone who thinks differently is extraordinarily naive.
To get a little better understanding of how our US Government works, see the movie “Mr. Smith Goes To Washington.” Here’s a relevant clip, when Claude Rains, playing a senior senator, is explaining to Jimmy Stewart, a junior senator, how Washington really works and how power players behind the scenes control things, and how the government employees, elected or otherwise, take orders from people like Jim Taylor (who is not shown in this clip, but is masterfully played by Edward Arnold).
Clinton saying she had no idea being Secretary of State meant getting Top Secret Intel is insane, she is on record on being briefed on Security Protocols and signed off on them. It’s infuriating her M$M donors accepted that nonsense.
The evidence we have (let alone what the FBI has) shows she broke laws, the question is if she will be prosecuted. Private server violated FOIA, no question on that at least. And also infuriating her Blackberry was even more insecure, warned repeatedly, no mention in MSM.
So… Comey is a lifelong Republican, has worked in Private Sector Banking & for Defense Contractors. He and his employers have been big GOP donors. His #1 goal: DON’T HELP BERNIE SANDERS who stands against Bankers, War Profiteers and Mass Surveillance. So no news will come until AFTER the Convention as he has already stated.
As Republicans now are giving in and aligning with Trump, Comey has no reason not to indict. Especially given if Trump wins, he and other agents could be charged with a cover-up themselves.
Reblogged this on 1EarthUnited.
It seems the commentariat is a bit skeptical of the official proceedings.
Of course the FBI Director is going to insist that this is a legitimate investigation. Jeez, JT, get a clue. Do you really expect Comey to admit that this whole charade is nothing but a monstrous waste of taxpayer money?
It needs to be purified by someone with evaporating skills, or it will fester and putrefy.
http://vignette1.wikia.nocookie.net/americanmcgeesalice/images/8/8b/Cheshire_Cat_on_a_tree.jpg/revision/latest?cb=20140517105748
The more serious issues involve the “pay to play” use of the Clinton foundation for money laundering. I agree with others that Hillary will not be indicted over her email issues, and I’m surprised and miffed that it appears none of the NPR crowd here seems even aware of how the Clintons were able to so quickly join the 1% club in such a relatively short time after leaving behind all of the damage they inflicted on the world during their reign.
If the State Department were conducting legitimate, rational, reasonable, business, why would it need to be secret? Just what exactly are they doing that needs to be secret? Secrecy implies dishonesty, incompetence, and corruption.
People holding their breath waiting on any punishment to HRC need to take a deep sigh and live. This is the Obama administration. Remember? The most law abiding in history. The most honest in history. The most transparent in history. What this is, is, the larger charade in history. FBI investigators have morning coffee and donuts, play a couple hands of cut-throat pinochle, order Chinese for lunch and sit around the water cooler all afternoon telling jokes. All under orders from the AG to stay out of sight, keep busy and no contact or no leaks. The President said on national TV he did not think HRC broke any law. His AG and his FBI appointee dare not disagree.
@Justce Holmes:
Because nobody is required to submit to an FBI interview. Cheryl Mills walked in voluntarily and walked out when she didn’t like the questions. If the FBI wanted to question me, I’d tell them to “buzz off; go talk to my lawyer.” People will agree to be interviewed in order to hopefully clear themselves of suspicion and end any further investigation, but usually that doesn’t work. You just end up becoming more entangled in it.
I predict FBI director James Comey will have a nice long chat with SCOTUS Chief Justice Roberts on the right wording to avoid actually doing anything.
More wishful thinking by JT……not a snowball’s chance in Hell that Obama’s Attorney General will approve the indictment of HC and hand the White House keys over to The Donald.
I want to know why the FBI would agree to limits on questioning anyone. It seems inappropriate. Can you imagine if the average Joe or Jane got up to walk out of an FBI interview…
Gee, I wonder what’ll happen when the Flyover residents figure out that they’ve been chumps for following all these pesky little laws we have?
When you encounter a rule, ask WWHD?
Then act accordingly.
I have grave doubts that politics will not intervene, or that the DOJ would prosecute, regardless of any determination by the FBI.
And, oh for heaven’s sake, now the IT guy who set up the server has had all of his emails go missing? Why do people turn a blind eye based on politics?
But thank you for explaining better than I ever could how it is impossible for emails that you generated, yourself, to be marked classified unless you did it yourself. She could have emailed the nuclear codes, and it would not be marked classified at the time.
I wish that I had Prof. Turley’s faith in the justice system.
I believe that the fix is in and Hillary will get away with a wrist slap.
I suspect that most Americans have the same feelings of low confidence in the basic fairness of the judicial system – this would be a stellar moment to try to win back American confidence in the justice system; let’s see if Washington will rise to meet our hopes.
Comey is as untrustworthy as HRC, so its hard to say what will come of this. He’s the one, as acting AG, gave Pat Fitzgerald the letter about the scope of investigating the CIA leak, wherever it went. That is,the point until big political players were involved. Libby took the fall and it was never properly prosecuted to the top of the food chain.