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antigop

(12,778 posts)
Fri Apr 1, 2016, 09:09 AM Apr 2016

Clinton aides unite on FBI legal strategy

Source: Politico

Four of Hillary Clinton’s closest aides appear to have adopted an unusual legal strategy, hiring the same ex-Justice Department attorney to represent them in the FBI’s investigation of Clinton's private email server.

Beth Wilkinson, a well-connected former assistant U.S. attorney best known for prosecuting Oklahoma City bomber Timothy McVeigh, is listed as representing three of Clinton’s top State Department staffers, according to a congressional letter obtained by POLITICO and dated Feb. 10. A fourth Clinton aide, Philippe Reines, is also represented by Wilkinson, according to sources familiar with their representation.

The united front suggests they plan to tell investigators the same story — although legal experts say the unusual joint strategy still presents its own risks, should the interests of the four aides begin to diverge as the probe moves ahead.

Read more: http://www.politico.com/story/2016/04/hillary-clinton-fbi-strategy-emails-221435

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Clinton aides unite on FBI legal strategy (Original Post) antigop Apr 2016 OP
Lawyered up and coordinating stories JackInGreen Apr 2016 #1
Better be Good Lawyer - Collusion has its own penalty FreakinDJ Apr 2016 #2
Never did when I was in JackInGreen Apr 2016 #3
Missile Control systems here - back in the day FreakinDJ Apr 2016 #4
Ding Ding JackInGreen Apr 2016 #5
Her aides and herself always considered themselves as management and as such above LiberalArkie Apr 2016 #8
When Hill told them JackInGreen Apr 2016 #9
Yea, I read that. Just totally clueless. My guess is that they never had security drills or LiberalArkie Apr 2016 #11
I have to wonder JackInGreen Apr 2016 #12
I do not think any do. I was a HRC supporter until all this stuff initially came out. LiberalArkie Apr 2016 #15
At least one of them MADem says they've held clearances riderinthestorm Apr 2016 #69
It is just like most of us during Bill's term overlooking looking everything. LiberalArkie Apr 2016 #72
It's my understanding that her server was CoffeeCat Apr 2016 #78
Fax machines and photo copiers have memory cards. Delmette Apr 2016 #19
EVERYONE should read your post. This is the whole issue 7962 Apr 2016 #22
I think she knows this is just for the media and us peons. She knows this is not a legal strategy, thereismore Apr 2016 #25
It held water for Condie Rice and Colin Powell... beastie boy Apr 2016 #37
Didn't hold water in enlisted persons JackInGreen Apr 2016 #39
First, angrychair Apr 2016 #51
The go to line for HRC is the precedent beastie boy Apr 2016 #56
Again, angrychair Apr 2016 #60
I made no judgement as to the appropriateness of the standards being set beastie boy Apr 2016 #63
Not trying to badger or twist you intention angrychair Apr 2016 #65
You are welcome to pass ethical or moral judgement on the precedent, beastie boy Apr 2016 #68
No angrychair Apr 2016 #93
Plenty of posters on DU use right wing talking points against Clinton - that is far worse, IMO Justice Apr 2016 #81
Justice angrychair Apr 2016 #94
First, jpb33 Apr 2016 #91
Powell and Rice didn't have private servers. Not the same. n/t floppyboo Apr 2016 #53
That's even worse. beastie boy Apr 2016 #57
ya. it's bad. But accountable. Transparent. Hillary is NOT n/t floppyboo Apr 2016 #59
What is accountable or transparent about Powell erasing ALL his emails? beastie boy Apr 2016 #64
they can be recovered. n/t floppyboo Apr 2016 #75
No they cant. And they never were. beastie boy Apr 2016 #77
out of context... HEADLINE NEWS: Powell "That's none of my business" floppyboo Apr 2016 #86
I think you are confused CoffeeCat Apr 2016 #84
Powell was not concerned prosecuting greiner3 Apr 2016 #55
Well, Hillary is not being accused by the right wing of prosecuting beastie boy Apr 2016 #58
There are at least 2 investigations. The Clinton Foundation pay to play riderinthestorm Apr 2016 #71
I was specifically addressing the FBI investigation of Hillary's server beastie boy Apr 2016 #74
But Colin Powell and Condi Rice NEVER had a private email server. CoffeeCat Apr 2016 #82
Neither one of them 2cannan Apr 2016 #89
Neither of them had private servers in their homes, 7962 Apr 2016 #95
"I never sent classified material" is a word game. CoffeeCat Apr 2016 #80
Another on-point statement. And another point HRC supporters ignore. 7962 Apr 2016 #96
This is what is gnawing at me. Yo_Mama Apr 2016 #35
Yeah, it's been rough, hopefully it leads to some changes... daleanime Apr 2016 #49
Ohhhh NO,,, EMAILS,,,,, Oh the horror of it all!,,Drink! Cryptoad Apr 2016 #6
From your name, were you a CT? JackInGreen Apr 2016 #7
Try Compromised National Security Bodych Apr 2016 #42
that just screams CONFLICT! ! ! ! ! to me. ChairmanAgnostic Apr 2016 #10
“They must believe prosecutors don’t have that much.” nt antigop Apr 2016 #16
Given how many investigations there have already been of Hillary, I think it's entirely OregonBlue Apr 2016 #40
or that is why they only have 12 full time investigators floppyboo Apr 2016 #54
I have no idea what the FBI has or what they don't have CoffeeCat Apr 2016 #85
To me, it screams sound strategy beastie boy Apr 2016 #41
to me it screams that you have no clue what you are talking about. ChairmanAgnostic Apr 2016 #61
You must be hearing loud and very ignorant voices in your head beastie boy Apr 2016 #66
Maybe they are planning to collectively take the fall? Schema Thing Apr 2016 #13
If they do you can bet there is big $$$ waiting for them somewhere. yourout Apr 2016 #29
The Clinton Slush Fund will take care of them, no worries DebbieCDC Apr 2016 #88
Specifies Jake Sullivan authored Top Secret emails, and Heather Samuelson sorted official & private leveymg Apr 2016 #14
but why would the DOJ agree to such an arrangement? Have they "thrown in the towel"? antigop Apr 2016 #17
I doubt that characterization. There are unusual accomodations already made in this case. leveymg Apr 2016 #20
Ummm... she is NOT a suspect beastie boy Apr 2016 #46
the DOJ has no say in who you hire as a lawyer awake Apr 2016 #21
You know there is a legal definition for conspiracy, no? beastie boy Apr 2016 #47
My point was how this may be presented by the other side this fall awake Apr 2016 #67
So you didn't say "If they are not careful they may open themselves up to conspiracy charges."? beastie boy Apr 2016 #70
Individuals have the right to the "counsel of their choice" - if they have the money. Yo_Mama Apr 2016 #36
the article also begs the question: "Who is paying the legal fees for the aides?" nt antigop Apr 2016 #18
I am calling it now: The one to take the fall is the black woman, Cheryl Mills. For the record. nt thereismore Apr 2016 #27
It still takes humans to do keyword sorting. ashtonelijah Apr 2016 #32
Translation: united front falls apart when three decide to throw the 4th under the bus. nt thereismore Apr 2016 #23
is the "united front" that they will all take the fifth? nt antigop Apr 2016 #24
Interesting DC Bubble News: Beth Wilkinson is David Gregory's wife... KoKo Apr 2016 #26
Oh yes, very smart. They know they can use all the help they can get. nt thereismore Apr 2016 #28
Watch the FBI offer ONE of them immunity, which one will be smart enough to take it Lurks Often Apr 2016 #30
You are assuming that one of them has damaging testimony to offer to the FBI. beastie boy Apr 2016 #33
Yawn, the FBI is conducting a criminal investigation and have already offered immunity Lurks Often Apr 2016 #73
Amazing how Clinton supporters are not jumping to conclusions, isn't it? beastie boy Apr 2016 #76
I'll save us both some time Lurks Often Apr 2016 #79
Fair enough beastie boy Apr 2016 #83
If I had to guess, there are two parts to the question karynnj Apr 2016 #87
it will also depend on what the charges are Lurks Often Apr 2016 #90
Interesting background there, "karynnj" ... KoKo Apr 2016 #98
This is smart on several levels AngryAmish Apr 2016 #31
I'm sorry, is this FreeRepublic or RightNation? ashtonelijah Apr 2016 #34
Maybe we are tired of all the Clinton drama zalinda Apr 2016 #38
I have a suggestion beastie boy Apr 2016 #62
She brings it on herself, she always seems to step in it. zalinda Apr 2016 #92
No, this is DU, where we discuss issues brought up in news sources... blackspade Apr 2016 #45
Here we go again Hawaii Hiker Apr 2016 #43
I believe that the OP was about Clinton's aides. blackspade Apr 2016 #48
You can find just as many articles by legal folks saying the opposite. 7962 Apr 2016 #97
For someone with a name like "antigop," BlueMTexpat Apr 2016 #44
A) Their lawyer sounds awesome B) Imo they have zero worries about legal bills Babel_17 Apr 2016 #50
"La La La La (fingers plugging ears) I'm not listening; THERE IS NO SCANDAL HERE!" Chasstev365 Apr 2016 #52

JackInGreen

(2,975 posts)
1. Lawyered up and coordinating stories
Fri Apr 1, 2016, 09:11 AM
Apr 2016

I remember doing that before we'd get a bust. I wonder if Law Enforcement will pursue them with the same passions they pursued us in regards to questioning.

 

FreakinDJ

(17,644 posts)
2. Better be Good Lawyer - Collusion has its own penalty
Fri Apr 1, 2016, 09:17 AM
Apr 2016

Not sure if "The Right to Tell your Story" pertains to Federal Law regarding Security Violations.

JackInGreen

(2,975 posts)
3. Never did when I was in
Fri Apr 1, 2016, 09:21 AM
Apr 2016

It's my biggest sticking point with her email server.
I was a CTM back in the day, subrate part of charter N/IT.
Navy computer repair tech, installation expert, and network/IT specialist.
ANY of us that had violated SCI (special compartmented information), from enlisted to officer, would stand tall at mast. I've balked time and again seeing civilian contractors given secured assignments, this is just one more.
That she OR her staff would have the audacity to collude in regards to this and likely face no uppance for it should be nauseating to any veteran or active duty member that works in intelligence.

LiberalArkie

(15,730 posts)
8. Her aides and herself always considered themselves as management and as such above
Fri Apr 1, 2016, 09:35 AM
Apr 2016

the rules that the common folk have to live by. I am still worried about how much stuff could have (probably) leaked off that damn off site server. They never thought that the rules are in place for a reason, just like most managers in business never think about it.

JackInGreen

(2,975 posts)
9. When Hill told them
Fri Apr 1, 2016, 09:36 AM
Apr 2016

that if they couldn't get a fax working to list it as unsecured and email it, I shat. rules and standards for security only apply to the little people in uniform I suppose.

LiberalArkie

(15,730 posts)
11. Yea, I read that. Just totally clueless. My guess is that they never had security drills or
Fri Apr 1, 2016, 09:44 AM
Apr 2016

exercises at all. It must have just always been a game. When I was a young pup and ran into something I knew I wasn't supposed to see, I always reported the incident, Hills people must have always been playing a game, always thinking how important they were because they got to see classified information. I worked for AT&T and farmed out to DOD so I was under all that and the Communications Act of 1934. So I normally would not even reply when someone asked me how the weather was outside.

JackInGreen

(2,975 posts)
12. I have to wonder
Fri Apr 1, 2016, 09:48 AM
Apr 2016

if any of our cousins on the Hillcat side of the fence know or care about the standards engaged or reasons why or think that they're all negotiable because it's their golden girl?

LiberalArkie

(15,730 posts)
15. I do not think any do. I was a HRC supporter until all this stuff initially came out.
Fri Apr 1, 2016, 09:57 AM
Apr 2016

Bernie was running and I liked him but liked HRC a little more. But once the server intel really came out, there was just no way I wanted to have anything to do with her. Supporting Hill just seemed like supporting the friend who is a drunk and got loaded and drove to the store with the kids in the car and had a wreck and the kids got killed. How do you support someone that just did not think or worse did not care. Security is a royal pain in the ass. It drove me crazy, literally. I had many friends tossed out over very minor things, but still a violation. I had a friend tossed out because he told a man where the rest room was. (Floor plans were classified). TOO MANY DAMN SECRETS.

 

riderinthestorm

(23,272 posts)
69. At least one of them MADem says they've held clearances
Fri Apr 1, 2016, 01:16 PM
Apr 2016

And worked for the government.

S/he seems to avoid these threads...

LiberalArkie

(15,730 posts)
72. It is just like most of us during Bill's term overlooking looking everything.
Fri Apr 1, 2016, 01:27 PM
Apr 2016

It's just the Republicans out to crucify him. I think most Democrats have gotten over ignoring everything our party leaders do. If Bernie is elected I think (I Hope) that we will watch him and call him out every single time he does something wrong. He will, he has to. This is a big country and not everything can be like we want it to be.

CoffeeCat

(24,411 posts)
78. It's my understanding that her server was
Fri Apr 1, 2016, 01:49 PM
Apr 2016

still operational two years after she had stopped being Secretary of State.

In effect, all of her sent/received emails were just sitting there on that unsecure server, at her house, for those years.

It really just boggles the mind.

Delmette

(522 posts)
19. Fax machines and photo copiers have memory cards.
Fri Apr 1, 2016, 10:02 AM
Apr 2016

Those devices need to have the memory card erased before they are disposed or passed on to another entity.

 

7962

(11,841 posts)
22. EVERYONE should read your post. This is the whole issue
Fri Apr 1, 2016, 10:17 AM
Apr 2016

Her running excuse "never sent nor received....." would never hold water if it were ANYONE else but her.
Its either lying or incompetence. Period.

thereismore

(13,326 posts)
25. I think she knows this is just for the media and us peons. She knows this is not a legal strategy,
Fri Apr 1, 2016, 10:30 AM
Apr 2016

but what do you use as your defense if not this? There is not much left.

beastie boy

(9,506 posts)
37. It held water for Condie Rice and Colin Powell...
Fri Apr 1, 2016, 11:35 AM
Apr 2016

Not only that, but I don't see anyone going bonkers over their private emails.

So if Powell says he is "not terribly concerned" about his, why should Hillary?

JackInGreen

(2,975 posts)
39. Didn't hold water in enlisted persons
Fri Apr 1, 2016, 11:47 AM
Apr 2016

Only civis and the apathetic politicians with bigger W sized fish to fry.

angrychair

(8,745 posts)
51. First,
Fri Apr 1, 2016, 12:11 PM
Apr 2016

I find it mind-boggling that this is the "go to" line for HRC supporters: "Condi and Colin did it".
So disgraced Bush administration officials who showed a stunning lack of judgment and were complicit (before and or after) in the lies that lead into our bullshit invasion of Iraq, are your examples of behavior to make what she did ok?

The fact that she is good friends with the Bushs and her supporters are now defending bush administration officials and using the right-wing "free stuff" meme says all I need to know.

beastie boy

(9,506 posts)
56. The go to line for HRC is the precedent
Fri Apr 1, 2016, 12:32 PM
Apr 2016

set by previous Secretaries of State.

What is so mind-boggling about that?

And what better way to demonstrate the double standard being applied to Hillary?

And take it easy on the generalities. This thread is about Hillary's aides hiring the same lawyers, remember?

angrychair

(8,745 posts)
60. Again,
Fri Apr 1, 2016, 12:41 PM
Apr 2016

So you stand by you original statement? Your position is that Rice and Powell set the appropriate standards of conduct and sound judgment in that office?

On edit:
Association with these and another former SoS, the criminal Henry Kissinger, speaks to her judgment and how she felt she could conduct herself in office.

beastie boy

(9,506 posts)
63. I made no judgement as to the appropriateness of the standards being set
Fri Apr 1, 2016, 12:50 PM
Apr 2016

Doing so would have been totally irrelevant. I don't have enough information on the subject, nor am I qualified to pass a judgement on it.

I merely pointed to the precedent. And I stand by my statement, as long as it is not being twisted around.

angrychair

(8,745 posts)
65. Not trying to badger or twist you intention
Fri Apr 1, 2016, 01:02 PM
Apr 2016

I think you may not realize the point you are making.
A "precedent" is a current action that assumes a standard from a previous action.
If the precedent we are using for conduct in office are people like Powell or Rice, than that is a pretty low bar ethically and morally, which is the standard we are using in this situation.

beastie boy

(9,506 posts)
68. You are welcome to pass ethical or moral judgement on the precedent,
Fri Apr 1, 2016, 01:15 PM
Apr 2016

but like I said, I am not going there.

And I fully realize... no, I insist, that Hillary be held to the same standards as her predecessors.

Pretending that I said more or less than what I said would be twisting my intention. I said nothing about those standards being appropriate or sound.

angrychair

(8,745 posts)
93. No
Fri Apr 1, 2016, 04:34 PM
Apr 2016

The only standards she should be held to is the law. Something her predecessors were not held too.

You don't see the issue with your logic? By that logic, almost everyone caught speeding should not get a ticket. If you and a bunch of others are speeding but only you get stopped, because the cop didn't stop everyone, should you be allowed to leave without a ticket?

So, as Democrats, we shouldn't hold our elected officials to a higher standard? So whatever republicans do is good enough?

angrychair

(8,745 posts)
94. Justice
Fri Apr 1, 2016, 04:36 PM
Apr 2016

You'll have to be more specific please. "Right wing talking points against Clinton (on DU?) are worse than...."

jpb33

(141 posts)
91. First,
Fri Apr 1, 2016, 03:43 PM
Apr 2016

Angry armchair u are letting beastieboy lead u off into discussions they like to have. The best response to the Hillary Cult of Personality is Powell and Rice did use private email account, but they NEVER set up a private unsecured server at their home! Hillary did way worse than Powell and Rice ever did. She even lied to State Dept security, she lied to her boss, the President of the United States!

There is little in common with what Hillary did compared to Rice and Powell.




This is what Rice and Powell had according to Newsweek, which is nothing at all like what Hillary had in her home.

"For classified information, both of them—and their aides with appropriate clearance—had a sensitive compartmented information facility, or what is known in intelligence circles as a SCIF. Most senior officials who deal with classified information have a SCIF in their offices and their homes.

These are not just extra offices with a special lock. Each SCIF is constructed following complex rules imposed by the intelligence and defense communities. Restrictions imposed on the builders are designed to ensure that no unauthorized personnel can get into the room, and the SCIF cannot be accessed by hacking or electronic eavesdropping. A group called the technical surveillance countermeasures team (TSCM) investigates the area or activity to check that all communications are protected from outside surveillance and cannot be intercepted.


Most permanent SCIFs have physical and technical security, called TEMPEST. The facility is guarded and in operation 24 hours a day, seven days a week; any official on the SCIF staff must have the highest security clearance."

beastie boy

(9,506 posts)
57. That's even worse.
Fri Apr 1, 2016, 12:35 PM
Apr 2016

They emailed staff using public servers...

I guess you are right. It's not the same.

beastie boy

(9,506 posts)
77. No they cant. And they never were.
Fri Apr 1, 2016, 01:48 PM
Apr 2016

“I don’t have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files,” Powell said. “A lot of the emails that came out of my personal account went into the State Department system. They were addressed to State Department employees and state.gov domain, but I don’t know if the servers in the State Department captured those or not.

http://www.politico.com/story/2015/03/colin-powell-hillary-clinton-email-state-department-115870

It was Hillary's email that were recovered.

floppyboo

(2,461 posts)
86. out of context... HEADLINE NEWS: Powell "That's none of my business"
Fri Apr 1, 2016, 02:36 PM
Apr 2016
Powell said it would be inappropriate to comment on Clinton’s email use. The State Department’s policy on personal email accounts dates back to 2005, the year Powell left the administration.

“When I entered the State Department I found an antiquated system that had to be modernized and modernized quickly,” he said. “I started using [email] in order to get everybody to use it, so we could be a 21st-century institution and not a 19th-century [one]. But I retained none of those emails, and we are working with the State Department to see if there’s anything else they want to discuss with me about those emails.”


Read more: http://www.politico.com/story/2015/03/colin-powell-hillary-clinton-email-state-department-115870#ixzz44bKLl6Vb
Follow us: @politico on Twitter | Politico on Facebook

CoffeeCat

(24,411 posts)
84. I think you are confused
Fri Apr 1, 2016, 02:20 PM
Apr 2016

Colin Powell and Condi Rice used personal emails accounts on private, secure government servers. They each sent a few Gmail emails to friends/family, but they did this from a secure, government-mandated line.

Hillary had an entire server--that was not government-issued--installed in her house! It was not a secure server. Anyone could have hacked into it. The President was unaware that this server existed.

Do you understand the differences?

 

greiner3

(5,214 posts)
55. Powell was not concerned prosecuting
Fri Apr 1, 2016, 12:22 PM
Apr 2016

My Lai Captain. Or a dupe about Yellow Cake and WMD surely someone with the highest of morals. Condo with the same lies. Remind you of someone

beastie boy

(9,506 posts)
58. Well, Hillary is not being accused by the right wing of prosecuting
Fri Apr 1, 2016, 12:38 PM
Apr 2016

My Lai Captain.

Can we stay on subject please?

 

riderinthestorm

(23,272 posts)
71. There are at least 2 investigations. The Clinton Foundation pay to play
Fri Apr 1, 2016, 01:22 PM
Apr 2016

And the FOIA case which also contains the transmission of classified info via unsecured emails and possibly obstruction.

Powell and Rice are not analogous to what Hillary is being investigated for though I thought I remembered that they're also being investigated as a result.

beastie boy

(9,506 posts)
74. I was specifically addressing the FBI investigation of Hillary's server
Fri Apr 1, 2016, 01:34 PM
Apr 2016

And it is absolutely analogous to Powell and Rice.

I am not sure that the FOIA case you are referring to is an investigation per se (I don't know who or what is being investigated by whom), but I fully expect the Clinton foundation investigators to follow precedent in their case.

You forgot to mention one more investigation: The Benghazi Congressional investigation. So far, bobkes for results. But this too has nothing to do with the Powell and Rice analogy.

CoffeeCat

(24,411 posts)
82. But Colin Powell and Condi Rice NEVER had a private email server.
Fri Apr 1, 2016, 02:10 PM
Apr 2016

There is a HUGE difference between Colin Powell having a Gmail account (and sending that email from secure work computer) and Hillary Clinton sending "classified" and "top secret" information through an unsecured, personal server that she installed in her home. A server that even the President didn't know about!

There is absolutely NO precedent for what Hillary Clinton has done. None at all. No cabinet member has ever done this.

And I really question her judgment when she makes these public statements. It's really not going to help her case. The FBI knows that the Condi/Powell comparison is a false comparison. She may be trying to defend herself during a presidential primary. However, she has been trying this in the court of public opinion and I can't imagine that this disinformation has helped her at all in the eyes of the FBI officials who know the truth, because they have the facts.

It's really a disgrace that people buy into her talking points on this.

 

7962

(11,841 posts)
95. Neither of them had private servers in their homes,
Fri Apr 1, 2016, 05:35 PM
Apr 2016

nor mixed official govt business with personal business, i.e. Clinton Foundation

CoffeeCat

(24,411 posts)
80. "I never sent classified material" is a word game.
Fri Apr 1, 2016, 02:03 PM
Apr 2016

When Hillary insists that she "never sent classified material" she is parsing.

There are documents and materials--that are marked as "classified"

However, she was originating emails. She was writing them. So, of course they wouldn't be marked "classified" or "top secret". It's my understanding that this type of material is defined as "born classified."

It may be true that she never sent "marked classified documents".

However, are we to believe that out of the tens of thousand of emails that she sent as Secretary of State, that she never once--discussed anything or originated any emails that contained sensitive information? It was her job to deal with foreign-policy and foreign governments. This seems impossible.

It has all ready been made public that the government has retroactively classified several of Hillary's emails as "top secret" and countless other emails as "classified." Obviously, this signals that she did in fact send "top secret" and "classified" information. It may not have been marked, but of course it wouldn't. She wrote it!

Again, word games.

 

7962

(11,841 posts)
96. Another on-point statement. And another point HRC supporters ignore.
Fri Apr 1, 2016, 05:45 PM
Apr 2016

ANY conversations with foreign leaders is considered sensitive information. Therefore any email discussing those conversations would be considered sensitive. And ALL govt employees & military are taught how to determine sensitive info from day one.
And what about the exchange with Blumenthal? How did he get obviously sensitive information when he wasnt even IN the government?

Bodych

(133 posts)
42. Try Compromised National Security
Fri Apr 1, 2016, 11:50 AM
Apr 2016

Being dismissively flippant about national security shows just how much you don't know.

Educate yourself...keep America beautiful.

ChairmanAgnostic

(28,017 posts)
10. that just screams CONFLICT! ! ! ! ! to me.
Fri Apr 1, 2016, 09:42 AM
Apr 2016

I am not sure that they chose then best strategy.

US attorneys love to play defendants or potential defendants against one another, offering carrots and threatening with big sticks. The instant that one potential defendant sniffs a far better deal than his/her cohorts, the attorney representing all of them MUST withdraw from all cases. And they are bound to keep all conversations absolutely confidential, especially between the other clients and the atty.

OregonBlue

(7,755 posts)
40. Given how many investigations there have already been of Hillary, I think it's entirely
Fri Apr 1, 2016, 11:48 AM
Apr 2016

possible that they don't have much if anything. She is not a stupid woman.

floppyboo

(2,461 posts)
54. or that is why they only have 12 full time investigators
Fri Apr 1, 2016, 12:20 PM
Apr 2016

to tie up the loose ends. Part time contract staff just collating files?

CoffeeCat

(24,411 posts)
85. I have no idea what the FBI has or what they don't have
Fri Apr 1, 2016, 02:36 PM
Apr 2016

but this is a very unique situation. These are cybercrime that they are investigating. They have all of her emails, keystroke sand an electronic paper trail of everything.

My guess is that this is not going to be much of an "interview."

I think they will most likely sit Clinton down and lay out the case against her. All of the answers are on her server. Furthermore, they granted immunity to Pagliano, her IT guy. So, they've got his corroboration.

They've most likely got info from the Romanian hacker "Guccifer" (He was extradited to the US about a month ago). This guy hacked into Sidney Blumenthal's emails and made them public. Talk about a bad streak of luck for Clinton--the Feds happened to notice that these were emails that Clinton had NOT turned over to the FBI (what are the chances???). The FBI had asked Clinton to turn over her server. She did, but 30,000 emails were deleted. She said because those were "personal" emails. Then, this Guccifer guy--while being an attention hound--unwittingly reveals that Clinton didn't hand everything over.

Blumenthal was forced to hand over his emails and the inbox list of all of his emails. There are several listed to/from Hillary that Hillary never turned over to the FBI. They are about Libya.

Here's a pic of the inbox list from Sid B (and Sid B wasn't even a government employee! He worked for the Clinton Foundation and was being paid through the Clinton Foundation. Obama had told Hillary he couldn't be hired as one of her advisers).

?w=700

I mean...SERIOUSLY. This is so seriously bad, it reads like a comic book.

beastie boy

(9,506 posts)
41. To me, it screams sound strategy
Fri Apr 1, 2016, 11:48 AM
Apr 2016

Conflict? What conflicts with what in this case?

You are assuming the FBI has something on one or more of the witnesses. That's pure speculation.

And for god's sake, THEY ARE NOT DEFENDANTS!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Sorry, this is what screams to me.

ChairmanAgnostic

(28,017 posts)
61. to me it screams that you have no clue what you are talking about.
Fri Apr 1, 2016, 12:41 PM
Apr 2016

Here are the ABA rules on conflicts. Pretty cut and dried.

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer


When there are a group of people all connected to an event that is under investigation by the feds, it is insane to share counsel. Even if each potential defendant signed a release or waiver of conflict, the atty may still have to withdraw from all representation if the Feds begin to treat each individual differently.

beastie boy

(9,506 posts)
66. You must be hearing loud and very ignorant voices in your head
Fri Apr 1, 2016, 01:08 PM
Apr 2016

Did you pay attention to how Rule 1.7 begins?

No?

Ok, allow me: &quot a) Except as provided in paragraph (b)..."

Did you look up parahraph (b)? No? Ok, allow me:

b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing.


Which brings me to another point discussed earlier: by hiring the same lawyer, the witnesses effectively rejected any immunity deal with the Feds. See (3).


Methinks one of us indeed has no clue what he is talking about, and it ain't me.

yourout

(7,534 posts)
29. If they do you can bet there is big $$$ waiting for them somewhere.
Fri Apr 1, 2016, 10:43 AM
Apr 2016

No way anyone would take the bullet without a huge payday.

DebbieCDC

(2,543 posts)
88. The Clinton Slush Fund will take care of them, no worries
Fri Apr 1, 2016, 03:02 PM
Apr 2016

Take the fall, a few years at Club Fed, big time paydays at the end of the line.

The Clintons are good at this game.

leveymg

(36,418 posts)
14. Specifies Jake Sullivan authored Top Secret emails, and Heather Samuelson sorted official & private
Fri Apr 1, 2016, 09:57 AM
Apr 2016

The article includes this morsel of information clarifying Sullivan's role as actually sending Top Secret material across HRC's uncertified server. Recall HRC campaign claimed that Sullivan did not actually "send unsecured" classified document per HRC's instructions. http://thehill.com/blogs/ballot-box/presidential-races/265210-email-clinton-asked-adviser-to-send-secure-fax-by-email This report also seems to confirm that a second staffer, Heather Samuelson did some of the sorting of official and private HRC email ( which conflicts with HRC staff claims that sorting was all done by keyword search, not by a person). These are major dents in the defense account:

The quartet includes Clinton’s former chief of staff Cheryl Mills, who counseled Clinton politically and legally; deputy chief of staff Jake Sullivan, whom sources say authored a number of emails to Clinton that are now considered “top secret”; Heather Samuelson, Mills’ deputy who initially sorted Clinton’s work-related emails from personal messages that were then deleted; and Reines, who served as Clinton’s spokesman and also used personal email for work purposes at State.

. . .

Sullivan, for instance, authored now “top secret” emails, sources have told POLITICO — potentially setting him apart from the group. And Samuelson, according to testimony Mills gave to House GOP investigators, sorted Clinton’s emails as either official documents or personal issues.

Both, for example, would likely be asked about what kinds of instructions they received, which could involve Wilkinson’s other client Mills, who was senior to both.

Read more: http://www.politico.com/story/2016/04/hillary-clinton-fbi-strategy-emails-221435#ixzz44aCW6jWc
Follow us: @politico on Twitter | Politico on Facebook


leveymg

(36,418 posts)
20. I doubt that characterization. There are unusual accomodations already made in this case.
Fri Apr 1, 2016, 10:11 AM
Apr 2016

For one, Hillary is being treated quite differently from any other suspect in this sort of matter. Anyone else would have been indicted by now. I believe that there's an effort being made to keep defense costs down. Collusion opens the potential for perjury during testimony, but there's already enough evidence to send the principal target along with several of these co-defendants away for a long time.

beastie boy

(9,506 posts)
46. Ummm... she is NOT a suspect
Fri Apr 1, 2016, 11:59 AM
Apr 2016

Her server is being investigated to determine whether she, or anyone else, may be a suspect in improper or illegal activity. Until this investigation is over, we can only speculate.

As a point of reference, the very partisan Congressional committee with subpoena power has been investigating Hillary for years, and so far they came up with nada.

awake

(3,226 posts)
21. the DOJ has no say in who you hire as a lawyer
Fri Apr 1, 2016, 10:12 AM
Apr 2016

If they are not careful they may open themselves up to conspiracy charges. The appearance of a joint defense will not play well whether there is a conspiracy or not, they will be painted as such.

beastie boy

(9,506 posts)
47. You know there is a legal definition for conspiracy, no?
Fri Apr 1, 2016, 12:03 PM
Apr 2016

It goes like this: An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors.

How is getting a lawyer an unlawful or criminal act?

awake

(3,226 posts)
67. My point was how this may be presented by the other side this fall
Fri Apr 1, 2016, 01:12 PM
Apr 2016

"conspiracy charges" mark my word this will show up in right wing blogs

beastie boy

(9,506 posts)
70. So you didn't say "If they are not careful they may open themselves up to conspiracy charges."?
Fri Apr 1, 2016, 01:22 PM
Apr 2016

And the definition of "conspiracy" applies equally to the right wing media.

They will be laughed off by everyone except Alex Jones fans. I hope you will be laughing at them as well.

Yo_Mama

(8,303 posts)
36. Individuals have the right to the "counsel of their choice" - if they have the money.
Fri Apr 1, 2016, 11:34 AM
Apr 2016

The FBI really cannot tell them they can't do this. The FBI may draw its own conclusions, however.

KoKo

(84,711 posts)
26. Interesting DC Bubble News: Beth Wilkinson is David Gregory's wife...
Fri Apr 1, 2016, 10:30 AM
Apr 2016

from the article:

By tapping Wilkinson, the Clinton confidants have selected someone with deep ties to Washington politics and the DOJ. The 53-year-old wife of former “Meet the Press” host David Gregory is a Clinton donor and Democratic contributor, according to Federal Election Commission filings.

She cut her teeth on classification issues early in her career, serving as a captain and assistant to the Army general counsel for intelligence and special operations.


As a former assistant U.S. attorney in New York, counsel to the deputy attorney general and principal deputy to the Justice office on terrorism and violent crime, Wilkinson is the only two-time recipient of the DOJ’s highest honor, the exceptional service award.

And she’s no stranger to high-profile cases. She prosecuted former Panamanian dictator Manuel Noriega and Colombian drug cartel kingpin Dandeny Muñoz Mosquera for bombing a civilian airliner and killing U.S. citizens.

“They’ve hired her because she knows everyone in main Justice,” said Joseph diGenova, a former U.S. attorney-turned-right-leaning legal commentator. “She has very good personal relationships with all the political and career people in the Justice Department, so that’s very smart on their part.”

 

Lurks Often

(5,455 posts)
30. Watch the FBI offer ONE of them immunity, which one will be smart enough to take it
Fri Apr 1, 2016, 10:48 AM
Apr 2016

If the FBI does have something, they will offer immunity to one of them in exchange for testimony. So which one of the four will be smart enough to say yes and avoid a conviction and jail time?

beastie boy

(9,506 posts)
33. You are assuming that one of them has damaging testimony to offer to the FBI.
Fri Apr 1, 2016, 11:18 AM
Apr 2016

That's quite an assumption.

But what if they don't and immunity will not change their prospects, and they all know it? Then their strategy makes perfect sense.

It is amazing how many people presume Hillary's guilt without any evidence pointing to it.

 

Lurks Often

(5,455 posts)
73. Yawn, the FBI is conducting a criminal investigation and have already offered immunity
Fri Apr 1, 2016, 01:32 PM
Apr 2016

to the computer guy who set up the server.

What's really amazing is how many Clinton supporters bury their heads in the sand and refuse to see what any reasonable person sees: that there certainly enough there to warrant a criminal investigation and that it seems likely that either Clinton and/or one or more of her senior aides committed crimes.

beastie boy

(9,506 posts)
76. Amazing how Clinton supporters are not jumping to conclusions, isn't it?
Fri Apr 1, 2016, 01:43 PM
Apr 2016

This is pure speculation.

Investigation and immunity notwithstanding, at this point, the FBI is not even willing to say that a crime has been committed, let alone link it ti Hillary.

Will you please hold your horses until you hear from them? Or will you rather join the right wing chorus screaming bloody murder?

 

Lurks Often

(5,455 posts)
79. I'll save us both some time
Fri Apr 1, 2016, 01:56 PM
Apr 2016

You have zero credibility, I'm not interested in your claims as to why there is nothing to be found.

I believe the State Department IG Steve Linick (appointed by President Obama) far more then I ever will believe Hillary Clinton

http://www.npr.org/sections/thetwo-way/2015/07/24/425839486/report-officials-seek-criminal-inquiry-over-clintons-use-of-private-email

beastie boy

(9,506 posts)
83. Fair enough
Fri Apr 1, 2016, 02:11 PM
Apr 2016

Keep believing in what you believe, and I will stick to the facts. Or, as you call them, my claims.

Just a point of interest, tough: I never claimed there was nothing to be found. What I said was, it is a fact that nothing has been found. Sorry to hear that facts have no credibility with you. But this being the case, I see no point in continuing to deliver the facts to you.

karynnj

(59,507 posts)
87. If I had to guess, there are two parts to the question
Fri Apr 1, 2016, 02:55 PM
Apr 2016

1) Who could be offered it? and 2) Would any accept.

If you look at what the op accuses each of (note accusation does not mean they did it), the question who could provide the information that proves the others did things that are illegal - including either things they are now accused of or other related things.

Mills likely knows more of what happened than anyone else, making her the "biggest fish" of the group. She, however, is unlikely to being willing to say anything that could harm Clinton, who she has worked for for years. I could see her saying anything to block the chain from implicating HRC - even if it means taking the blame for being the decision maker on the entire set up. I do not see her taking immunity.

I suspect that any of the other three could say what Mills asked them to do - and Reines and Samuelson reported to her.

It looks like Sullivan is the one who personally is accused of the most serious thing, however, he is clearly on tract to be given a major portfolio on the national security team if HRC, as seems rather likely becomes President. Not to mention, he did a lot of good work, mostly while reporting to Biden in 2013 working with Bill Burns, working for Kerry then on the very early secret binational Iran talks - both started this work under Clinton. That might make it easier for him to risk being indicted as there would be some reason to think that Obama would have reason to pardon him for anything done while he worked for the State Department. I suspect that he is ambitious and taking immunity could end his career.

I know far less on the others.

Reines is basically a spokesperson and he is with HRC now. He seems to some degree to be at less risk of being in jeopardy himself - unless I am missing something. He seems on target to get a good position under HRC, so he may benefit more keeping quiet and have little risk in doing so.

Samuelson, a lawyer, whose whole career, until recently, was centered around Clinton. She worked as Treasurer and compliance officer respectively for 2 Hillary superpacs starting from 2002- 2006, immediately moving to the Hillary for President campaign for 2007-2008, then working for the State Department, leaving in March 2013. Interestingly, her bio listed that she worked as assistant council for the White House from March 2013 - April 2014. After that, it just says a DC attorney - though we KNOW that it is after April 2014, that she sorted HRC's emails. Note: that spring 2014 was when the State Department realized they did not have the Clinton emails and pushed HRC to return them, which she did in December 2014.

So, some observations - I think she started basically worked for Clinton all her career, yet, in her bio, she opted not to show that she worked for Clinton in 2014. In addition, one source indicated that though she moved to NYC to join the HRC campaign, she didn't -- and now lists that she is a DC lawyer. (The link was the only bio I found from google - I am not on linkedin, so looked only at what was at the link - https://www.linkedin.com/in/heather-samuelson-223379a )

That she is NOT part of HRC 2016, unlike Reines, Mills and Sullivan is interesting. For someone who had a role from 2002 - 2008, on past HRC campaigns, was with her for the full time she was in the State Department, and came back to take what really was a thankless job of sorting the email NOT to be involved opens questions. For months, I have said that the SD team putting out the emails has a lose/lose job - it has to be tedious, they will be knocked for being to slow even as they work long hours, and a mistake that puts out something that should have been redacted is a significant risk. What she took on is really even worse. ANYTHING that should have been sent that wasn't can be blamed on her. She could easily be accused of covering up if embarrassing emails were excluded. To some extent, she is maybe the one least attached to Clinton at this point and she might be accused of being part of destroying government documents, if a significant number of emails that reasonably should have been included were not and were in the 30,000 that were "destroyed" (but may have been recovered.) If, indeed, some emails, maybe involving the Clinton Foundation and the State Department, were intentionally excluded AND the FBI has hinted, truthfully or not, that they have recovered the 30,000. could she fear being the scapegoat.

Of the 4, I think if there is a vulnerable link, it is Samuelson. (That said, when you look at how many years ALL of them worked for Clinton and the fact that they all made it to her relatively small inner circle, my other observation is that it is very likely that none of them takes immunity.)

 

Lurks Often

(5,455 posts)
90. it will also depend on what the charges are
Fri Apr 1, 2016, 03:25 PM
Apr 2016

Their loyalty to Hillary may disappear if they face the real possibility doing 10 years or more in jail.

Presuming of course there is something to charge them with and given that the FBI gave immunity to the computer guy, I'm inclined to believe there is something there.

KoKo

(84,711 posts)
98. Interesting background there, "karynnj" ...
Fri Apr 1, 2016, 08:18 PM
Apr 2016

Thanks...

And...Samuelson info...interesting:

Samuelson, a lawyer, whose whole career, until recently, was centered around Clinton. She worked as Treasurer and compliance officer respectively for 2 Hillary superpacs starting from 2002- 2006, immediately moving to the Hillary for President campaign for 2007-2008, then working for the State Department, leaving in March 2013. Interestingly, her bio listed that she worked as assistant council for the White House from March 2013 - April 2014. After that, it just says a DC attorney - though we KNOW that it is after April 2014, that she sorted HRC's emails. Note: that spring 2014 was when the State Department realized they did not have the Clinton emails and pushed HRC to return them, which she did in December 2014.
 

AngryAmish

(25,704 posts)
31. This is smart on several levels
Fri Apr 1, 2016, 11:03 AM
Apr 2016

1. Normally, group defendants can waive certain confidences so the lawyers can coordinate. This is common in mafia and street gang cases. Here, the lawyers could not coordinate due to the classified nature of the material. All having the same firm allows broad cooperation and an United front against the Feds.

2. Cost. Much cheaper.

3. Time. We need to drag this out. So having one lawyer means being able to claim to cooperate but scheduling 30 different interviews, especially with the lawyer handling other matters (and I would schedule him for a few trials, hopefully long ones once a month or two). Each interview must be treated like a trial, with a week of preparation. This could go past the first of the year and Hillary will be able to get a good FBI head and her Attorney General will not indict her and if they did Hillary would be able to fire them, or just pardon herself.

ashtonelijah

(340 posts)
34. I'm sorry, is this FreeRepublic or RightNation?
Fri Apr 1, 2016, 11:18 AM
Apr 2016

Because the breathless anti-Clinton theorizing sure makes y'all sound like it. Are you all Fox Newd addled these days? Do you realize how ridiculous and conspiratorial you sound? Sheesh. Desperate people will become their own worst enemies if they think it can help them win an election, it seems.

zalinda

(5,621 posts)
38. Maybe we are tired of all the Clinton drama
Fri Apr 1, 2016, 11:36 AM
Apr 2016

and want her out of the race. It is crap like this that will be in the headlines from the moment she gets the nomination (damn, I pray that doesn't happen), and through the election process, and through her Presidency, if by some miracle she wins. Absolutely nothing will get done, and she'll have shorter coattails than any former President, dead or alive.

Z

beastie boy

(9,506 posts)
62. I have a suggestion
Fri Apr 1, 2016, 12:44 PM
Apr 2016

Maybe if you stop throwing fuel into the fire of the right wing Clinton crap, you will at least contribute to putting an end to the Clinton drama...

zalinda

(5,621 posts)
92. She brings it on herself, she always seems to step in it.
Fri Apr 1, 2016, 03:57 PM
Apr 2016

Besides, any Bernie supporter knows that they don't really have to do anything except report the news for her to look bad, and she always does. Republicans will tie her up constantly, just like they did to her husband. And, if you think that the email thing will die down, you ain't seen nothing yet. It will follow her to the White House, if she makes it, and on the first day impeachment hearings will be started.

Z

blackspade

(10,056 posts)
45. No, this is DU, where we discuss issues brought up in news sources...
Fri Apr 1, 2016, 11:57 AM
Apr 2016

like the one presented in the OP.

Have a comment about that? Or are you going to hunker down under your anti-Clinton conspiracy theories?

Hawaii Hiker

(3,166 posts)
43. Here we go again
Fri Apr 1, 2016, 11:51 AM
Apr 2016

This is the part where the right wing media makes Clinton out to be another Aldrich Ames or Robert Hanssen...

Once,

http://prospect.org/article/why-hillary-wont-be-indicted-and-shouldnt-be-objective-legal-analysis

Twice,

http://www.latimes.com/nation/la-na-clinton-email-probe-20160327-story.html

"Legal experts said Petraeus’ actions were far more serious than anything Clinton is accused of doing. Clinton’s emails, even those later deemed classified, were sent to aides cleared to read them, for example, and not private citizens, they said".

Third time,

http://lawnewz.com/high-profile/trump-is-wrong-hillary-clinton-shouldnt-be-charged-based-on-what-we-know-now/



blackspade

(10,056 posts)
48. I believe that the OP was about Clinton's aides.
Fri Apr 1, 2016, 12:04 PM
Apr 2016

Your links don't contradict the OP in any way.

So why are you trying to make this about Clinton herself?

 

7962

(11,841 posts)
97. You can find just as many articles by legal folks saying the opposite.
Fri Apr 1, 2016, 05:49 PM
Apr 2016

Plenty of analysis showing how she is either lying or incompetent about this issue.
But dont worry, nothing will happen to her.

Babel_17

(5,400 posts)
50. A) Their lawyer sounds awesome B) Imo they have zero worries about legal bills
Fri Apr 1, 2016, 12:10 PM
Apr 2016
https://en.wikipedia.org/wiki/Beth_Wilkinson

From the article:

By tapping Wilkinson, the Clinton confidants have selected someone with deep ties to Washington politics and the DOJ. The 53-year-old wife of former “Meet the Press” host David Gregory is a Clinton donor and Democratic contributor, according to Federal Election Commission filings.


It is unclear who is paying the legal bills for the four staffers. But Wilkinson just this January left Paul, Weiss Rifkind, Warton and Garrison LLP to set up her own boutique firm, telling The Wall Street Journal that her company would ditch the billable hour setup typically used by big law firms in favor of flat fees that are intended to reward efficiency.

The strategy can also bolster the defense team as a whole, allowing the lawyer to gather information from multiple clients to help benefit another, legal experts said. Wilkinson, for instance, will get an idea of the FBI’s line of questioning after her first client's interview, which could benefit following witnesses.


As the article hints at, I'm curious about how reliable to this team effort will be Jake Sullivan. Many are guessing that he could be facing lots of serious legal jeopardy if the FBI investigation can come up with time stamps matching up what came off secure servers to what was sent, in edited form, over unsecure means.

Sticking with the team likely means unlimited funding for his defense, and, let's be frank here, some kind of employment down the road even if he loses all security clearances and has to plead guilty to a misdemeanor.

Going his own way could be much trickier.

Then again, as the article suggests, if the FBI has an amazing case against him, his lawyer will be in an extraordinary quandary. What makes this extra interesting is that they did indeed have different duties. How can they know for certain that their compatriots are truly innocent? And let's be honest, most people following this are wondering about the possibility of their colluding in coordinating their stories.

My best guess is that the DOJ is leaning heavily one way already, and the big question is which way will the FBI come down. But in the case of the DOJ I don't think their position is set in stone. I think they're hoping for the best and are preparing themselves to take advantage of a not so bad FBI report. Worst case scenario if they're wrong is just some embarrassment, the press will be all over the FBI report, in such a scenario.

Anyway, yeah, I have to say these four are putting a brave face on things, and that's good news for the Clinton campaign.

Chasstev365

(5,191 posts)
52. "La La La La (fingers plugging ears) I'm not listening; THERE IS NO SCANDAL HERE!"
Fri Apr 1, 2016, 12:16 PM
Apr 2016

Keep Telling yourselves that!

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