State Dept. Audit Faults Hillary Clinton in Emails
Source: ABC
A State Department audit has faulted Hillary Clinton and previous secretaries of state for poorly managing email and other computer information and slowly responding to new cybersecurity risks.
The Associated Press obtained a copy of the report by the agency's inspector general Wednesday.
It cites "longstanding, systemic weaknesses" related to communications. These started before Clinton's appointment as secretary of state, but her failures were singled out as more serious.
The review came after revelations Clinton exclusively used a private email account and server while in office. Clinton is now the likely Democratic presidential nominee.
Read more: http://abcnews.go.com/Technology/wireStory/apnewsbreak-state-dept-audit-faults-clinton-emails-39365621
This is a big shoe to drop.
Douseeme
(14 posts)But ABC loves linkbait.
Roy Rolling
(6,925 posts)alp227
(32,037 posts)Zambero
(8,965 posts)This practice was and would likely have never been elevated to the spectacle that it is , until of course presidential politics got factored in. Condi and Colin must be breathing huge sighs of relief.
bunnies
(15,859 posts)Mind posting the paragraph you pulled the line from? Thanks.
scscholar
(2,902 posts)They need to be punished first or our entire justice system has proven itself a joke.
Response to Douseeme (Reply #1)
silvershadow This message was self-deleted by its author.
winter is coming
(11,785 posts)Response to winter is coming (Reply #70)
silvershadow This message was self-deleted by its author.
Cryptoad
(8,254 posts)"if i didn't know today, what I didn't know back then!"
Ichingcarpenter
(36,988 posts)will be brutal
Not good for her.
FreakinDJ
(17,644 posts)Ichingcarpenter
(36,988 posts)They wouldn't have it was just nothing.
FreakinDJ
(17,644 posts)I always thought there would be a staffer willing to "Fall on a Sword" for Hillary over the email server. This report effectively eliminates that escape
Ichingcarpenter
(36,988 posts)besides the OP there are other thoughts in the thread.
http://www.democraticunderground.com/1280201770
FreakinDJ
(17,644 posts)Used to handle "Codes" overseas. Our government has a particularly clever method of reviewing practices
Ichingcarpenter
(36,988 posts)also if you look at her Senate assignments she was well aware of security needs. Hell, many of those senate hearings were closed for security reasons.
Intent is imaginary and poor defense like you said.
Kingofalldems
(38,461 posts)Ichingcarpenter
(36,988 posts)Incompetent Evidence
Probative matter that is not admissible in a legal proceeding; evidence that is not admissible under the Federal Rules of Evidence. That which the law does not allow to be presented at all, or in connection with a particular matter, due to lack of originality, a defect in the witness or the document, or due to the nature of the evidence in and of itself.
Irrelevant
Unrelated or inapplicable to the matter in issue.
Irrelevant evidence has no tendency to prove or disprove any contested fact
Immaterial
Not essential or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance.
You are looking at apples and oranges
in your supposition and analogy The evidence is not in the least the same
I apologies to Hamilton Burger but this time it fit.
Ichingcarpenter
(36,988 posts)That is apparent from the facts and in the plain-language of the federal statute that prohibits "Gathering, transmitting or losing defense information", 18 U.S. Code § 793(e) and (f). This offense carries a potential penalty of ten years imprisonment.
That is apparent from the facts and in the plain-language of the federal statute that prohibits "Gathering, transmitting or losing defense information", 18 U.S. Code § 793(e) and (f). This offense carries a potential penalty of ten years imprisonment.
It's called a prima facie case: clear on the basis of known facts.
It's up to prosecutorial discretion by the US Attorney as to what charges may be filed and when. Nonetheless, Mrs. Clinton is clearly chargeable for violation of federal law. As of right now, the matter is under FBI investigation. This isn't just about violation of Departmental policy. clear on the basis of known facts.
Justice
(7,188 posts)http://www.bloomberg.com/politics/articles/2016-05-25/clinton-e-mail-use-violated-rules-state-department-audit-finds
Stephen Vladek, a law professor at American University in Washington, said the findings by the Office of Inspector General are "deeply consistent with what most legal experts have long suspected -- that Secretary Clintons use of a private e-mail server to conduct official business was inconsistent with internal State Department guidelines."
"Critically, though, the OIG report does not appear to conclude that any of Secretary Clintons actions were unlawful under either federal records preservation laws or criminal statutes," said Vladek, who specializes in constitutional and national-security law.
Ichingcarpenter
(36,988 posts)Inconstant is rather a poor choice of words after reading the law. The OIG report is just the beginning which is why THE FBI IS DOING A CRIMINAL INVESTIGATION AFTER TALKING TO THE OIG.
The FBI will decide if there is enough evidence to indite, recommend or not recommend to indite based on the evidence to the Justice Dept and the Justice Dept will or will not prosecute. I would assume the FBI's investigation to much more thorough as they will be dealing with legal vs non-legal as opposed to the OIG who was focused on departmental infractions.
If there were clear departmental infractions then it's a good bet there's infractions of laws also but, like Sen Sanders could still pass Sec Clinton in pledged delegates, possible but not probable.
1StrongBlackMan
(31,849 posts)leveymg
(36,418 posts)will be far tougher than State, which confines itself to departmental regulations and statutes without criminal effect.
The DOS report does find she violated numerous regulations dealing with information security and records retention, however. That is as far as this one goes, but it points to how the other agency report and the Bureau findings will find she violated federal laws by similarly mishandling classified materials. She's cooked, and the party needs to replace her and, I think, she will release her delegates at the Convention.
1StrongBlackMan
(31,849 posts)The DOS report does find she violated numerous regulations dealing with information security and records retention, however. That is as far as this one goes
This part is speculative:
And, this part is wishful thinking:
leveymg
(36,418 posts)The whole thing is unfolding exactly as I've been saying it would.
Here's my wishful thinking: There will be a Democratic woman in the White House come January, but not the one you expect.
blm
(113,071 posts)familiar with Kerry's determination and integrity.
That there is no specific serious CRIME involved, though, should finally begin to sink in to those hoping serious crimes would be found. The weaknesses in the communications system was also determined to be systemic and longstanding. If they had not been there would HRC have relied so heavily on her own system?
Time for honest brokers to speak out against the fantasy pushers.
frylock
(34,825 posts)That's the job of the FBI, which they are doing. This was an audit, that Hillary failed.
blm
(113,071 posts)She handled it incorrectly, but, the system was a failure when she took office. That part is certain.
Still no crime, so far, and I don't know why anyone is HOPING there is one.
frylock
(34,825 posts)What steps were taken by our fighting leader champion progressive who gets things done to correct the failed system? Did she do anything other than set up that private mail server to circumvent FOIA requests?
blm
(113,071 posts)Kerry is the first SOS to fix the system and adhere to the rules. He did it without fanfare or publicity or gratitude, as usual. That's who he is.
BTW - Had any SOS gone through 2 decades of having every aspect of their lives raked through, including their underwear drawers? Might contribute to one's view of 'privacy' protection, dontcha think?
Clintons, even acknowledging that I have criticized them harshly myself over the years, are still the most heavily scrutinized political figures in this nation's history.
frylock
(34,825 posts)Poor Hillary, having two decades of her life scrutinized to the point that she feels she is entitled to circumvent laws and regulations.
blm
(113,071 posts)others prefer to ignore regarding the email issue because it doesn't fit the narrative they have most invested in themselves.
You may be certain that YOU would have handled things perfectly under the same circumstances, but, I doubt you or, even 99% of us would act scrupulously given the history of the communication systems at the State Dept and the immediate needs of those with the needs to move forward despite that system.
Easy to make perfect calls when you're not burdened with the responsibilities, eh? Or when YOU are the one who HASN'T been the target of more detailed scrutiny than your peers or anyone else in recent history, eh?
If Clintons were Republican standard-bearers, none of this would be an issue. IOKIYAR.
frylock
(34,825 posts)The narrative I'm invested in is that Hillary is being investigated for sending and storing classified communications on an unsecured, private server that was set up to circumvent FOIA requests.
glowing
(12,233 posts)They publish an internal review of what happened at State. They referred to case to the FBI for investigation. The FBI would determine whether or not a criminal act had occurred.
And from other sources, we know that Clinton was told that her blackberry device was NOT secure. She had to leave her office, a secure SCIFF room, in order to access her e-mails on her device. All of her e-mails work and personal were kept together. AND she used a personal server. And we know that e-mails that were on that server or in her e-mail were classified because there is a report of this as well.
Even if she isn't indicted, her need to be "private", "secret", and "do as she wished" with regards to using her blackberry device, was more important than keeping classified information protected. AND in regards to abiding by her boss' demands to keep Bkumnethal away from SoS, she defied him completely for her own purposes.
From looking at the situation from the outside, it looks as if the Clintons, via the SoS and their NGO, were running and end around on Obama. Selling more weapons to "nefarious" groups than even the Bush admin. Pushing Obama to engage in a heavier hand and regime change in the ME. Using outside CIA/ NSA intel to make decisions around Obama. And making quite a bit of money thru the non-profit from shady countries and people.
She has proven over and over again why people don't and shouldn't trust her!
blm
(113,071 posts)I don't see the criminal enterprise some of you are determined to see, and you see it no matter what the report is actually saying here.
PDittie
(8,322 posts)From what I can tell and from what Clinton's IT professional Bryan Pagliano may or may not be saying as a result of his immunity from prosecution, Hillary very likely is -- like (Sandy) Berger and (David) Petraeus -- criminally responsible for the "mishandling of classified data". The conversation about what is, what is not, and/or what should be classified data or not is a word-definition distraction that nobody, not even the most sycophantic of Clinton supporters, is indulging in any longer.
As we know, people who are guilty of a crime are not always prosecuted for it in the American judicial system, and whether she is eventually indicted or not, whether misdemeanor or felony if so, is to be determined by the conclusions and recommendations of the FBI's investigation, director Comey, AG Lynch, and I suspect even Barack Obama himself.
(Insert "Law and Order"'s DUNH-DUNH sound effect here.)
Like the Cheshire Cat, the Emperor's new clothes, and a few other things that the willfully blind refuse to see... it's right there.
think
(11,641 posts)By Rosalind S. Helderman and Tom Hamburger May 25 at 10:18 AM
The State Departments independent watchdog has issued a highly critical analysis of Hillary Clintons email practices while running the department, concluding that she failed to seek legal approval for her use of a private email server and that department staff would not have given its blessing because of the security risks in doing so.
The inspector general, in a long awaited review obtained Wednesday by The Washington Post in advance of its publication, found that Clintons use of private email for public business was not an appropriate method of preserving documents and that her practices failed to comply with department policies meant to ensure federal record laws are followed.
The report says she should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. Instead, Clinton provided those records in December 2014, nearly two years after leaving office.
The report found that a top Clinton aide was warned in 2010 that the system may not properly preserve records but dismissed those worries, indicating that the system had passed legal muster. But the inspector general said it could not show evidence of a review by legal counsel.
Read more:
https://www.washingtonpost.com/politics/state-dept-inspector-general-report-sharply-criticizes-clintons-email-practices/2016/05/25/fc6f8ebc-2275-11e6-aa84-42391ba52c91_story.html?wpisrc=al_alert-COMBO-politics%252Bnation
AlbertCat
(17,505 posts)The usual arrogant dismissal of concerns followed by a lie. Clinton & her teem in action!
onehandle
(51,122 posts)Meh.
think
(11,641 posts)Sam_Fields
(305 posts)Last edited Wed May 25, 2016, 02:32 PM - Edit history (1)
If she is the one responsible for creating the rules can't she change them on her orders? Any way this is a whole bunch of nonsense just like Bernie said.
NWCorona
(8,541 posts)Response to NWCorona (Reply #12)
1StrongBlackMan This message was self-deleted by its author.
1StrongBlackMan
(31,849 posts)jwirr
(39,215 posts)He did not say they were a bunch of nonsense.
Plus this has gone a lot further since then.
yallerdawg
(16,104 posts)IG - Bad Hillary.
L. Coyote
(51,129 posts)onehandle
(51,122 posts)KoKo
(84,711 posts)The report says she should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. Instead, Clinton provided those records in December 2014, nearly two years after leaving office.
The report found that a top Clinton aide was warned in 2010 that the system may not properly preserve records but dismissed those worries, indicating that the system had passed legal muster. But the inspector general said it could not show evidence of a review by legal counsel.
onehandle
(51,122 posts)hold me. i'm skared.
DCBob
(24,689 posts)Its a slap on the wrist.. nothing more.
NWCorona
(8,541 posts)DCBob
(24,689 posts)I think she needs to explain why that was.
NWCorona
(8,541 posts)I agree with you on your point.
asiliveandbreathe
(8,203 posts)Kingofalldems
(38,461 posts)asiliveandbreathe
(8,203 posts)Kingofalldems
(38,461 posts)just like the previous two SOS! Evil!11!!
Meanwhile it has come out that Donald Trump ransacked the USA when the housing bubble burst and----he's just a savvy businessman.
NWCorona
(8,541 posts)libdem4life
(13,877 posts)It is not...they did it too. She just extended and perfected the work-around.
TeddyR
(2,493 posts)She was told not to because of security concerns but ignored those concerns. I'll ask the same thing I asked another person - are you saying it is ok that Hills broke the rules because some of her predecessors may have broken the rules?
End of the day this is about Hills' decision-making and her decision in this case was to ignore the rules because they were inconvenient for her. The State Department determined that she erred and should not have done what she did. The FBI will determine if she committed a crime.
FailureToCommunicate
(14,014 posts)stupidicus
(2,570 posts)now let's kill her candidacy before it's too late for that to appear on some impeachment articles
tabasco
(22,974 posts)Get used to hearing "President Trump."
MariaThinks
(2,495 posts)NWCorona
(8,541 posts)riderinthestorm
(23,272 posts)Hillary's misuse is many times more troublesome and she's running for the presidency.
"Hey, I'm not a crook, I'm just incompetent" is such a winning slogan.
Trump will take this and run wild...
JCMach1
(27,560 posts)I skimmed through the report...
There is nothing to see. Now, tell the MSM to actually read the report and report it back accurately!
NWCorona
(8,541 posts)phazed0
(745 posts)NWCorona
(8,541 posts)MariaThinks
(2,495 posts)tabasco
(22,974 posts)Seems Clinton supporters don't care much about it.
cpwm17
(3,829 posts)when Chelsea Manning exposed criminal behavior by the powerful. Hillary's big middle finger to security concerns was for selfish reasons. Most Hillary supporters are pro Chelsea Manning prosecution, and Chelsea Manning got a 35 year sentence.
https://theintercept.com/2015/08/12/hillary-clinton-sanctity-protecting-classified-information/?comments=1#comments
If his case goes to trial and he is convicted, Manning could face life in prison. The government has said it would not seek the death penalty.
Secretary of State Hillary Rodham Clinton called Mannings alleged actions damaging and unfortunate in remarks to reporters at the State Department on Thursday.
I think that in an age where so much information is flying through cyberspace, we all have to be aware of the fact that some information which is sensitive, which does affect the security of individuals and relationships, deserves to be protected and we will continue to take necessary steps to do so, Clinton said.
ThinkCritically
(241 posts)Now that it's not just some fantasy republican scandal and people know it's a real issue. When the FBI makes a recommendation to indict, what will be her supporters excuse? Will we have to deal with her going to trial while she is the democrat nominee? Or will they wait until after November, after the election, to indict? It is a bunch of republicans pushing this investigation forward. It would be in their best interest to wait while the democrat party suffers major blows for choosing such a flawed candidate. And I don't put it past them to do something squirrely like that. I blame anyone who underestimated the situation for the problems we are going to face as a party come November.
MisterP
(23,730 posts)SusanLarson
(284 posts)Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements states that:
Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency record keeping system.
Her purpose was concealment as we get in this quote from her own mouth. This is also why she sent the records to the state department in a printed form, to ensure that they were not easily accessible. Each record would have to be scanned then OCR'd at considerable effort and expense.
"As much as Ive been investigated and all of that, you know, why would I - I dont even want - why would I ever want to do e-mail?" Hillary Clinton seen on tape telling Peter Paul on home video captured at a fundraiser.
"Can you imagine?" she said.
18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
...(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term office does not include the office held by any person as a retired officer of the Armed Forces of the United States.
abcnews.go.com/Politics/Election/hillary-clinton-email-2000/story?id=29396854
Babel_17
(5,400 posts)The inspector general has rejected allegations of bias, noting that the scope of the review encompasses secretaries of both parties and that it was undertaken at the direction of Clintons Democratic successor, Kerry. The report includes interviews with Kerry and Powell and former secretaries Madeleine Albright and Condoleezza Rice, but it says that Clinton declined to be interviewed. The inspector general, Steve Linick, was appointed by President Obama and has served since 2013.
https://www.washingtonpost.com/politics/state-dept-inspector-general-report-sharply-criticizes-clintons-email-practices/2016/05/25/fc6f8ebc-2275-11e6-aa84-42391ba52c91_story.html?
NWCorona
(8,541 posts)Babel_17
(5,400 posts)Patience.
NWCorona
(8,541 posts)Justice
(7,188 posts)Stephen Vladek, a law professor at American University in Washington, said the findings by the Office of Inspector General are "deeply consistent with what most legal experts have long suspected -- that Secretary Clintons use of a private e-mail server to conduct official business was inconsistent with internal State Department guidelines."
"Critically, though, the OIG report does not appear to conclude that any of Secretary Clintons actions were unlawful under either federal records preservation laws or criminal statutes," said Vladek, who specializes in constitutional and national-security law.
http://www.bloomberg.com/politics/articles/2016-05-25/clinton-e-mail-use-violated-rules-state-department-audit-finds
I am sure other Secretaries of State and their staff met with the Inspector because they were not being investigated by the GOP.
w0nderer
(1,937 posts)tabasco
(22,974 posts)but wants to lead a nation of 300 million people. Laughable if not so sad.