2016 Postmortem
Related: About this forumPolitico names HRC Staff who sent Top Secret materials and separated emails
Last edited Fri Apr 1, 2016, 12:28 PM - Edit history (3)
A report in Politico today reveals important new details that contradict key points that have been made about the handling of Secretary of State Clinton's email. http://www.politico.com/story/2016/04/hillary-clinton-fbi-strategy-emails-221435#ixzz44aCW6jWc
The article reveals that top State Dept. aide Jake Sullivan actually sent "a number of emails" containing Top Secret material across HRC's private server. Recall, the HRC campaign has claimed that Sullivan did not actually "send unsecured" a 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 new account also seems to confirm that a second Clinton staffer, Heather Samuelson, carried out the sorting of official and private HRC email. This conflicts with HRC staff claims that sorting of emails that were later provided to the State Department was all done by a computerized keyword search, not by any particular person.
This information appears to make major dents in the Clinton defense account of key events. The article states:
. . .
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 Clintons 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 Wilkinsons other client Mills, who was senior to both.
Read more: http://www.politico.com/story/2016/04/hillary-clinton-fbi-strategy-emails-221435#ixzz44aCW6jWc
Punkingal
(9,522 posts)merrily
(45,251 posts)Bob41213
(491 posts)He seems like a likely guy to take it on the chin in all this.
What he needs is an immunity agreement.
merrily
(45,251 posts)Not that they do the government much good.
See transcripts of testimony of Oliver North and Monica Goodling
Gothmog
(145,687 posts)leveymg
(36,418 posts)Clinton adviser sent 'top secret' messages to her private account
Jake Sullivan both initiated email conversations and forwarded along messages with sensitive information, sources say.
By Rachael Bade
02/10/16
If they can't, turn into nonpaper [with] no identifying heading and send nonsecure," Clinton wrote when they were having problems. "Non-paper" is a diplomatic term for a discussion draft or memo that does not represent the official position of a government or negotiator.
. . .
In an earlier, February 2010 email exchange, Sullivan had to explain to Clinton that he couldnt send her a Mideast peace-related statement from former British Prime Minister Tony Blair because it was classified. Clinton seemed irritated: It's a public statement! Just email it, she wrote.
Sullivan responded by explaining it was impossible to send her the information she wanted because it was stuck in States classified system: Trust me, I share your exasperation. But until ops converts it to the unclassified email system, there is no physical way for me to email it. I can't even access it, Sullivan wrote.
. . .
Read more: http://www.politico.com/story/2016/02/hillary-clinton-email-jake-sullivan-secret-219013#ixzz44hdyemtx
Follow us: @politico on Twitter | Politico on Facebook
morningfog
(18,115 posts)He could be the fall guy for this.
leveymg
(36,418 posts)winter is coming
(11,785 posts)scscholar
(2,902 posts)She's probably trying to help keep this guy from being the Republican's fall guy.
Oilwellian
(12,647 posts)there's a document that proves Hillary ordered him to delete "identifying headers" and to send it "unsecured."
merrily
(45,251 posts)FreakinDJ
(17,644 posts)EndElectoral
(4,213 posts)Because it is not labeled to her liking, doesn't negate it is classified.
Gothmog
(145,687 posts)Here is a good legal analysis as to why Hillary Clinton will not be indicted http://prospect.org/article/why-hillary-wont-be-indicted-and-shouldnt-be-objective-legal-analysis
The most important words in this statute are the ones I have italicized. To violate this statute, Secretary Clinton would have had to know that she was dealing with classified information, and either that she was disclosing it to people who could not be trusted to protect the interests of the United States or that she was handling it in a way (e.g. by not keeping it adequately secure) that was at least arguably prejudicial to the safety or interest of the United States.
The statute also provides a definition of what constitutes classified information within the meaning of the subsection described above: [C]lassified information, means information which, at the time of a violation of this section, is specifically designated by a United States Government Agency for restricted dissemination.
Again, the most important words are the ones I have italicized. First, they indicate that the material must have been classified at the time of disclosure. Post hoc classification, which seems to characterize most of the classified material found on Clintons server, cannot support an indictment under this section. Second, information no matter how obviously sensitive does not classify itself; it must be officially and specifically designated as such.
Lesser penalties are provided under 18 USC 1924 which provides that an officer of the United States commits a criminal violation if that person possesses classified documents or materials and knowingly removes such materials without authority and with the intent to retain such materials at an unauthorized location.
Prosecutors would also encounter stumbling blocks if they charged Clinton under this law. First, it is unclear whether classified information conveyed in an email message would be considered a document or materials subject to removal. Moreover, with respect to information in messages sent to Clinton, it would be hard to see her as having knowingly removed anything, and the same is arguably true of information in messages that she originated. If, however, she were sent attachments that were classified and kept them on her server, this law might apply.
But even if this section did apply, a prosecutor would face difficulties. Heads of agencies have considerable authority with respect to classified information, including authority to approve some exceptions to rules regarding how classified information should be handled and authority to declassify material their agency has classified. It would also be hard to show that Clinton intended to retain any information sent to her if her usual response was to forward the information to another, and if she then deleted the material from her inbox, whether or not it was deleted from her computer......
Based on what has been revealed so far, there is no reason to think that Clinton committed any crimes with respect to the use of her email server, including her handling of classified information. While it is always possible that information not revealed will change this picture, at the moment Clintons optimism that she will not be criminally charged appears justified. The same is not necessarily true of those who sent her classified information. If it could be shown that they knowingly acquired information from classified sources and sent it unmarked to an unapproved server, their fate may be less kind than Clintons is likely to be.
There will be no indictment
2banon
(7,321 posts)As it stands in terms of what has been revealed to the public so far, from my distant perch and apart from the internet, she's easily in the clear of any of the charges the reich wing are attempting to assert.
I appreciate this excerpt, it pretty much makes it clear in terms of legal consequences of any of Hillary's actions or her staff as regards her "stupid emails" as Bernie put it so succinctly in one of the early debates.
Having said that, I don't trust her to state the time of day with a shred of honesty.
There's far worse, factually based history of dishonesty, and with that corruption directly tied to the foundation that may not make the headlines, or be deemed important enough in the eyes of the justice department to pursue, will most assuredly poison the general elections, potentially well into the first term in the oval office. .
But again, she will not be indicted on THIS matter. she will not have to face a Grand Jury, and at this point I might be surprised to learn of an actual interview.
"Fitz-mas" all over again, which was quite a demoralizing period, one we should take an important lesson from.
pinebox
(5,761 posts)This info is later. That being said I would leary saying otherwise. As more info comes out, it is pointing in a direction which isn't favorable for Hillary or any Democrats
Gothmog
(145,687 posts)It is sad that the Sanders supporters know that he can not beat Clinton and so they are hoping for an indictment. That indictment is not going to happen but I am really enjoying the sad posts of right wingers and sanders supporters who so hoping for such an indictment
If the DOJ was going to indict, Biden would be in the race already. Clinton's delegates and the super delegates would flip to Biden.
pinebox
(5,761 posts)Nobody knew until Politico broke the story that this stuff was happening. Literally, this info has changed. It's "evolved". This is how criminal cases work, the rule of evidence comes into play here.
What I'm sad is seeing so called "Democrats" who give Hillary a pass on everything despite there being some huge flags with things like Saudi weapon deals, Haiti, comments about AIDS, Honduras, every week it's something new and that isn't RW spin, it's her own words and actions which are being called into play.
As far as Biden, look at it this way. If there was nothing there why hasn't Obama called off the FBI which falls under his jurisdiction being that they are under the DOJ umbrella? If there was nothing there, the FBI would have cleared and closed the case already and no, the FBI isn't RW spin or Republicans.
Gothmog
(145,687 posts)That is so cute and adorable. You are wrong but you did provide me with a laugh
pinebox
(5,761 posts)Can you show us where it was all said before Politico who broke the story as was referenced in the op?
We'll wait.
I'm correct and you know it
HooptieWagon
(17,064 posts)The sender and recipient are instructed to recognize material that will certainly end up being classified.
creeksneakers2
(7,476 posts)But not all that material is covered under the law.
SoLeftIAmRight
(4,883 posts)...
NV Whino
(20,886 posts)Staff under the bus. Hillary off the hook.
yourpaljoey
(2,166 posts)Jester Messiah
(4,711 posts)Cue the statement from Herself expressing her deep disappointment in this person and sadness that he violated the law behind her back.
TalkingDog
(9,001 posts)840high
(17,196 posts)antigop
(12,778 posts)Would it be customary for SOS staff to have a Top Secret clearance?
Gwhittey
(1,377 posts)I had it and I was just a common Navy person so someone working as Aide to 4th person in Line of Succession to the United States would need to have it.
My Mos as well.
VulgarPoet
(2,872 posts)leveymg
(36,418 posts)As far as I know, Mills is the only one with a TS. Sullivan was the one who pulled TS docs off the classified system, so one would think he does too. Others may have more information about this. But, if it were shown that HRC shared TS/SAP, or TS with someone with a lesser Classified clearance, that in itself would be a felony violation of 18 USC Sec. 793.
Recursion
(56,582 posts)You really can't do anything at State (or DoD, or Energy) without it.
MADem
(135,425 posts)She's a cabinet official, an "agency head"--in fact, the most senior cabinet official. She can declassify a document based on need to know. Her successor can reclassify it. And his successor can declassify it again.
There are enough loopholes in this document to drive a truck through--if you've got enough rank, that is.
https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information
leveymg
(36,418 posts)She has to handle that material as if she were a lowly aide.
MADem
(135,425 posts)She's first chair. There is a pecking order. And you'd be hard put to prove the origin of any given item, particularly if it were shared material. It would have to be a word-for-word quote from a document that originated elsewhere for any issue to arise, and--more to the point--it is unreasonable to expect her to recognize the origin of a sentence or paragraph absent any markings to identify it.
If she were in any hot water, Obama would make it go away with a wave of his executive hand. Since he has pretty much indicated that he wants her to follow him into the Oval, he would have directed that this be swept up if there were any issues that could impact her.
The GOP and a few oddball haters are just so determined to try to pull her down; it says more about them than her. I think they're letting this play out so that, when no There is found to be There, it'll be just one more example of the unreasonable amount of bullshit she's had to put up with as a consequence of breaking paradigms.
IdaBriggs
(10,559 posts)and she hung herself. His team VERY QUICKLY denied the Hillary Team leak that he wanted Sanders out. I suspect he gave Sanders the marching orders - no obligations or ties to the DNC and owes nothing to the Clinton fundraising/financing racket. (Good luck finding a Democrat in Washington who has those credentials!) I suspect that part of Obama's egacy is going to be taking some of the corruption out of the system....pure speculation and intuition, from a "keyboard commando" so, take it for what it's worth.
MADem
(135,425 posts)at all. He came out of the Senate, he still talks to people--he knows how BS is received in that body. Even if you pretend that super delegate endorsements don't matter, that guy has been on the Hill for a quarter century--and he isn't feeling much if ANY love from his co-workers, his peers. That--quite frankly, bluntly and simply--says SO much about his ability to work and play well with others. They don't have his back...likely because he never had theirs.
He's QUOTED in these pieces, as are his surrogates.
https://www.washingtonpost.com/news/the-fix/wp/2016/02/17/obamas-almost-endorsement-of-hillary-clinton/
http://www.bloomberg.com/politics/articles/2016-01-26/obama-insiders-clinton-not-sanders-is-his-natural-heir
leveymg
(36,418 posts)subject to the same provisions, even as head of agency. It does'nt matter if she's first violin, she has to play by the same sheet music, or else pay the consequences. It's not unreasonable to expect her to recognize classified material, particularly info reporting conversations with high foreign officials. Having that sort of information sent to her by someone without a clearance presented her with a duty to safeguard according to her oath, which she failed. Miserably. In fact, her response, "Keep 'em coming" shows cavalier disregard for the law, if not active conspiracy. Perhaps more seriously, she instructed her aide Sullivan to "send unsecured." That's clearly over the line into 793(g) conspiracy. She did this to herself, and will now be held accountable - even if she is pardoned before indictment, she's not going to sleep in the White House again.
MADem
(135,425 posts)There is a level of government where the rules are MADE and she was at that level.
That authoritarian stuff is for the civil and uniformed service types, for purposes of management and good order/discipline, but it does not apply to the "principals." And she was most definitely one of those. One of the upper echelon, in fact.
We'll find out in November where she lays her head at the end of the day. I suspect it'll be in the same public housing where she was crashing in the nineties.
leveymg
(36,418 posts)Even the Director of National Intelligence has to go back to the originating agency and request declassification before doing so. There are procedures for everything, even for Cabinet officers, when it comes to handling classified materials. She violated the law by mishandling classified materials in the ways I've described to you - that is clear. This was a gross and systematic violation of law, apparently with the intent of evading normal security procedures, not an isolated mistake or misreading of regulations.
The only reason she might not be sleeping on a federally-issued cot is that Obama, if he follows the precedent created by a predecessor in handling the security breach of CIA Director Deutch, may allow the AG to run out the clock on FBI and IG recommendations, and pardon her before an indictment. The other possibility is a indictment, and a plea deal down to a Misdemeanor as allowed CIA Director Petraeus. Either way, she's not going to be the candidate.
MADem
(135,425 posts)and I would not expect any indictment, any "sleeping on a federally issued cot' (good grief, could you possibly be more dramatic?), any plea deal, or anything of that nature.
I'll come back to you when she's nominated.
FWIW, she can declassify that information if she originated it. And I hate to tell you this, but where do you think most NSA/CIA assets have their offices? In State Department embassies, that's where. And she's senior to DOD--when shit goes down abroad, ambassadors REALLY earn their pay. That whole "civilian control of the military" thing applies, and State gets cut in before anything happens. State acts as the diplomatic arm of the POTUS, and DOD, which is subordinate to State in that pecking order, doesn't "go rogue" on any matter--State is always cut in BEFORE anything goes down.
leveymg
(36,418 posts)the originating agency. And, no, the first agency to stamp is the originator, not the senior Cabinet Officer in the line of Succession. Don't get that confused, too.
As for Diplomatic Cover, the CIA officer can stamp the document either way, but the State Department can't declassify any CIA document. The documents stamped with /SAP have all been identified by the CIA IG -- and held classified as TS/SAP -- not released by the State Dept declassification office.
The NSA source documents, similarly, have been withheld. I believe there was one document in the last batch that was recently reclassified from TS to Secret by State, but that was a DOS document.
MADem
(135,425 posts)Not the plans to the nuke reactor?
leveymg
(36,418 posts)Not just that one. Believe that particular instance was to turn part of a classified document into talking points, not visa versa. The thing that really matters is she instructed him on at least one occasion to email her a document that was classified, and we now learn he sent her a number of Secret documents over the uncertified system.
MADem
(135,425 posts)Everyone else is saying he sent media talking points that resided on a secure server. TALKING POINTS--those aren't classified (unless there's a whole super secret cadre of reporters who work for a Top Secret Newspaper or a top secret TV station that none of us are allowed to watch...).
That's like saying if you live in the neighborhood of a nunnery, you have to be a nun. Just because the document was on the secure server does not mean the document was classified. Given that it was media talking points, that's probably a guarantee that it wasn't.
smh!
leveymg
(36,418 posts)Here's how it was originally reported by CBSNews. See bolded section, below. A copy of the email in its original form was also posted by the NYT. The rest is the spin put on it by others. The document was classified, or there would be no "identifying heading". The meaning of "send nonsecure" is plain. Whether it was actually sent is almost beside the point, she instructed him to take a classified document, strip its identifying header, and send it by email. We know now that Sullivan actually did send numerous classified documents to her. Why do you continue to cling to the fiction that Clinton didn't have others send classified materials to her?
Also, don't overlook another fact - the State Dept. determined that HRC, herself, sent 104 emails that contained classified information.
http://www.cbsnews.com/news/state-department-releases-more-clinton-emails-several-marked-classified/
Part of the exchange is redacted, so the context of the emails is unknown, but at one point, Sullivan tells Clinton that aides "say they've had issues sending secure fax. They're working on it."
Play Video
Clinton: " I did not email any classified material"
Clinton responds, "If they can't, turn into nonpaper w no identifying heading and send nonsecure."
It's unclear whether the talking points themselves contained classified information. Typically, talking points are used for unclassified purposes (e.g. speaking with the media). But in some cases, the material contained in such memos may still be sensitive -- especially if the report originates from intelligence agencies.
On Friday, the Clinton campaign's press secretary, Brian Fallon, denied that the information was classified.
"It is false that Hillary Clinton asked for classified material to be sent over a nonsecure system," Fallon told CBS News' Nancy Cordes.
And State Department spokesperson John Kirby said Friday that it is not uncommon for non-classified documents to be crafted and shared on the classified system.
Further, according to the Associated Press, the State Department said a review showed that the document in question was sent "apparently by secure fax, after all," and was never was sent to Clinton by email.
MADem
(135,425 posts)It's not rocket science.
I had a computer that was rated up to SECRET on my desk. Do you think EVERYTHING--including that chocolate chip cookie recipe with the pecans instead of the walnuts--was marked classified? The solitaire game? The talking points I wrote for Congressional testimony?
smh.
No where does it say "strip out the classification markings." You WANT that to be the case, but it ain't.
Typically, talking points are used for unclassified purposes (e.g. speaking with the media)
"It is false that Hillary Clinton asked for classified material to be sent over a nonsecure system," Fallon told CBS News' Nancy Cordes.
Further, according to the Associated Press, the State Department said a review showed that the document in question was sent "apparently by secure fax, after all," and was never was sent to Clinton by email.
leveymg
(36,418 posts)science, as you say. What's the reason for that?
Still waiting.
MADem
(135,425 posts)had classified material in it.
leveymg
(36,418 posts)Even Hillary hasn't denied it.
AgerolanAmerican
(1,000 posts)Are you actually arguing that Hillary was above the law because she was too important?
leveymg
(36,418 posts)According to one source: http://nypost.com/2016/01/24/hillarys-team-copied-intel-off-top-secret-server-to-email/
You cannot email from one system to the other, though you can use NIPRNet to send emails outside the government.
It isn't yet known which of the two classified systems Sullivan was pulling documents off of, stripping headers, and sending unsecure, as Hillary instructed on at least one occasion. The JWICS would contain IC-sourced information, most of which would be from other agencies.
MADem
(135,425 posts)Why in the name of all that is reasonable would you expect anyone to recognize something as classified without headers or markings?
And "As Hillary instructed?" You were a fly on the wall?
Come on. That sounds as stupid as "24 business hours."
leveymg
(36,418 posts)pursuant to Presidential Order 13526. Go back and read it, I first explained that aspect of the case in August of last year. Please see, http://www.democraticunderground.com/1251552653
Also, HRC did instruct Sullivan to strip the classification headers and send the body of a classified document "unsecure" because she grew impatient one day. That's been widely reported. Do you deny ever reading about that?
MADem
(135,425 posts)And turning something into a "nonpaper" isn't sending classifed information.
Those right wing blogs (don't get your news from them) really try to make something out of it. The news media, wisely, was more careful.
http://www.cbsnews.com/news/state-department-releases-more-clinton-emails-several-marked-classified/
It's unclear whether the talking points themselves contained classified information. Typically, talking points are used for unclassified purposes (e.g. speaking with the media). But in some cases, the material contained in such memos may still be sensitive -- especially if the report originates from intelligence agencies.
On Friday, the Clinton campaign's press secretary, Brian Fallon, denied that the information was classified.
"It is false that Hillary Clinton asked for classified material to be sent over a nonsecure system," Fallon told CBS News' Nancy Cordes.
And State Department spokesperson John Kirby said Friday that it is not uncommon for non-classified documents to be crafted and shared on the classified system.
leveymg
(36,418 posts)MADem
(135,425 posts)They were not classified. They resided on a secure server.
And they were faxed. On a secure fax.
Oh well.
leveymg
(36,418 posts)emails that derived from classified documents were withheld. That document is still classified and hasn't appeared in the public domain because it is classified.
It doesn't actually matter if any particular e-mail was not marked classified. The fact is General Petraeuss journals were not marked classified either, but they still contained classified materials, and the CIA Director should have known that when he retained and disclosed them. And, by the way, Paula Broadwell also had a security clearance, but had no "need to know." So, he was charged and convicted after pleading down.
MADem
(135,425 posts)If Gen. Petraeus kept his journals secured, and only gave his girlfriend his chocolate chip cookie recipe, he wouldn't have had a problem with classified material, even if he copied it directly from his classified journals and sent it to her email address.
Clearance and access aren't the same thing. She had a clearance, she did not have access. And he wasn't sending her a Response to Queries for a Press Availability or a Chocolate Chip Cookie recipe, either. He was sharing with her very specific warfighting information she didn't need to do a puff piece on the guy (while she was having a fling with him).
smh!
leveymg
(36,418 posts)Clinton On Face The Nation: "Oftentimes There Is A Lot Of Information That Isn't At All Classified" Within Classified Documents That "Can Be Appropriately Transmitted Unclassified." On a January 10 appearance on CBS' Face the Nation, Hillary Clinton discussed the email in question and explained that "oftentimes there is a lot of information that isn't at all classified" in classified government documents, and that "whatever information can be appropriately transmitted unclassified often was":
MADem
(135,425 posts)This is why paragraphs--even sentences--can have differing levels of classification.
Doesn't matter what "the source document" says. If the source document is secret this/secret that, and then the final paragraph is "What to tell the media-RTQ (Response to Queries) (U)," then that paragraph can be transmitted in the clear. By email, phone or fax.
leveymg
(36,418 posts)Why is that the specific information hasn't been disclosed, if the paragraph as you claim was unclassified, and there was no wrongdoing involved with that instruction?
leveymg
(36,418 posts)Last edited Sat Apr 2, 2016, 10:37 AM - Edit history (1)
Really doesn't matter if the bank was actually robbed, or not, if anyone involved did something to prepare for it. The situation in this case is analogous to that.
leveymg
(36,418 posts)MADem
(135,425 posts)leveymg
(36,418 posts)I didn't write the Section 793 statute or make up the law of Conspiracy. I agree, it's awfully draconion.
MADem
(135,425 posts)because you haven't seen it.
smh!
Your logic is both circular and twisted. You won't be convinced otherwise, though-- you are determined to find fault where none has been shown, and you rather gleefully, and I'll assume (because I don't think ill of people without cause) unintentionally, carry GOP water in the attempt. Makes no sense.
leveymg
(36,418 posts)order was unlawful. If the material wasn't classified, no need to strip off the headers and send "unsecure". Sullivan would have just sent it without a six hour wait. When someone with a security clearance instructs a subordinate to place classified material on an unsecure system, that was an unlawful order, regardless of whether it was carried out.
MADem
(135,425 posts)Dead wrong, in fact.
No work would ever get done at a military port or airfield if that were the case.
With every post you write, you're convincing me that you just don't know what you're talking about.
intrepidity
(7,339 posts)Can't really have it both ways.
Kentonio
(4,377 posts)Presidents trying to openly stand in the way of the justice system can at the very least have their legacies badly tarnished.
MADem
(135,425 posts)If it were, it would have been solved with an administrative action eons ago.
This is going to play out, in prolonged and ultimately pointless fashion, to make the GOP look like petty, carping assholes.
And anyone who takes their side? They'll look like assholes, too.
Kentonio
(4,377 posts)He'd have been absolutely slaughtered for it in the media and rightly so. As for 'assholes' let's wait and see what the FBI say before we start deciding who is the asshole. Because if a crime has been commited, in my mind the assholes are the ones defending it.
MADem
(135,425 posts)He can downgrade anything by opening his mouth and speaking it. He doesn't need a process. He's the Ultimate Authority.
The point is, if there'd been an issue there, this could have been accomplished very early in the process.
Your definition of "crime" is a bit overwrought, to put it as plainly as I can manage.
Kentonio
(4,377 posts)The president is not a wizard who can just wave a wand and make bad things go away for his friends for goodness sake.
MADem
(135,425 posts)If you read the newspaper, and listen to the State Department spokesperson, you'll learn otherwise.
And yes, he CAN retroactively declassify something--he can pretty much do anything he wants in that regard. He can't appropriate funds, but he can say "Naaah, that wasn't classified." He does it all the time, when he releases "classified" material "on deep background" to reporters. G W Bush used to do it routinely with Bob Woodward. The second Shrub opened his mouth and told Woodward a secret, it was, in effect, declassfied.
She had the authority to declassify her own talking points, even if they were classified, which they weren't.
All of this wishing-and-hoping is just not going to work out in the way that her detractors hope. It's as stupid as "Karl Rove to be frogmarched! Film at 11~!"
leveymg
(36,418 posts)Otherwise, she would have done so, and this wouldn't now be an issue.
leveymg
(36,418 posts)If she wanted to declassify another agency's classified materials, she would need permission from the classifying officer, a supervisor, or the originating agency's Director of the Information Security Oversight Office. If that agency refused, she could appeal to the DNI or the President.
If it were State Dept. classified info, she wouldn't have to wait hours for declassification permission. It's as simple as that.
https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information
Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;
(2) the originator's current successor in function, if that individual has original classification authority;
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or
(4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency.
(c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(e) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain classified pending a prompt decision on the appeal.
(f) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders.
(g) No information may be excluded from declassification under section 3.3 of this order based solely on the type of document or record in which it is found. Rather, the classified information must be considered on the basis of its content.
(h) Classified nonrecord materials, including artifacts, shall be declassified as soon as they no longer meet the standards for classification under this order.
(i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies shall consider the final decisions of the Panel.
leveymg
(36,418 posts)If the original source document that Hillary instructed Sullivan to remove headers and send "unsecure" had been of State Department origin, it should have been declassified. If declassified by the Secretary's authority, the original classification stamp would be lined through and a notation made by the declassifying designee. That document or section of a document could then be released. But, it wasn't. Why? There are only 2 possible answers: 1) the document wasn't of DOS origin, and couldn't be declassified by HRC or a State Dept. designee in an expeditious way; 2) the classified source document was of DOS origin but it's contents were deemed of sufficient importance that the document wasn't declassified, but HRC nonetheless ordered that it be stripped of its classification markings and sent "nonsecure".
There is no evidence in the email exchange between Clinton and Sullivan that she tried to have it properly declassified, in whole or part.
Either way, it was illegal for her to instruct Sullivan to send a classified document "nonsecure." That illegality doesn't change even if he eventually ended up sending it by secure fax.
Here's the specific State Dept. regulation at 5 FAM Sec. 480:
5 FAM 483.2 Marking Changes in Classification Level
(CT:IM-117; 06-16-2011)
Documents whose classification level has been changed, such as by upgrading or downgrading, must be marked accordingly. Any previous markings that do not apply must be crossed through and new markings applied. Portion markings must also be changed as required, and the Classified by line revised to show the date of the action and the authority for change.
EXAMPLE OF UPGRADING/DOWNGRADING MARKING Classified by June Smith, Chief, Programs and Policies Division, A/RPS/IPS/PP Reason: 1.4(b) and (d) Declassify on 05/03/16 Downgraded to [e.g., CONFIDENTIAL] by John Jones, DAS, A/GIS, January 1, 2010 DECL: 20210503
MADem
(135,425 posts)were an unclassified paragraph attached to a classified document, then stripped out of that document, and forwarded.
There's just no "there" there. You are spinning a story that has no legs, save the ones the people from places like "America Rising PAC" are trying rather desperately to craft.
leveymg
(36,418 posts)Kapish? She wouldn't have had to wait for hours if it was her own document. She could have authorized Sullivan to declassify the parts she wanted or the whole thing. Got it? But, she didn't.
MADem
(135,425 posts)supported by anything more than your overactive imagination.
You apparently don't also understand that everything created under her umbrella is 'her own document.' Even if it's a classified brief prepared by one state shop that has been melded to an unclassifed RTQ prepared by her public affairs staff and presented as a single document. Surely you've heard of collaborative documents? The budget of the United States is one such--many hands go into preparing that thing, from all corners of government, but it is regarded as "one" document.
For your edification, it's capisce, from the Italian.
leveymg
(36,418 posts)Stop skating around the facts and the issues. Why didn't she simply tell Sullivan to declassify? Why instruct him to strip off the headers and send nonsecure? Something doesn't add up in her story. Since the Talking Points aren't classified, as is claimed, those could have been produced as well, but haven't been. Why is that? You're not answering the questions or reaching the issues.
MADem
(135,425 posts)It's getting pretty old. You don't have your facts in order.
I've explained this to you already--you keep refusing to take the point. You don't have to "declassify" something that is not classified in the first place, but is being migrated from a secure to a nonsecure platform. You simply pull off the headers/footers, excise the classified material, and send ONLY the unclassified portion.
smh.
This isn't all that difficult. And you do not know if the material HAS been produced, or not, and/or if it has been reclassified because it reveals methods, if not sources (gratuitous classification is not outside the realm of possibility either) --and this is NOT something HRC can't do herself--because She Does Not Work There Anymore.
Look--it's obvious that you harbor an ire that makes continued discussion unproductive. You're just "convinced" -- like those fellows at America Rising Pac -- and you will not be dissuaded from what, to my eye, is an irrational POV.
leveymg
(36,418 posts)If the material that was sent by Sullivan by "unsecure" email was unclassified it would be obtainable by FOIA. But it hasn't appeared.
It seems obvious to me that her campaign would want to produce those "taking points," if they are as innocuous as claimed. But, they apparently haven't been obtained or released to the public. It's either because the "talking points" material is too highly classified to release, or her campaign hasn't sought it because it doesn't want it made public, or these alleged "talking points" never existed to begin with and the material was sent for some other reason, and the public is simply being lied to again by Clinton. Just like, "I never sent classified material in my email." We learn later, she sent 104.
Look, it's obvious that you don't want to address the questions being raised here and would rather divert. You can continue to pretend that everything she did was "allowed" and commonplace. But, it wasn't. So, let's just agree that this conversation is at an end.
leveymg
(36,418 posts)The Secretary of State assigns by writing the power to classify or declassify any classified Department document. As Deputy Chief of Staff, and Director of Policy Planning, Jacob ("Jake" Sullivan, a trusted aide who had been deputy policy director on Hillary Clinton's 2008 Campaign staff, would almost certainly have been assigned those powers by Clinton. (source Wiki bio)
As for classification and declassification at State, the primary source of Departmental rules is sections of the Foreign Affairs Manual (FAM). This has been summarized, as follows:
https://www.washingtonpost.com/news/the-fix/wp/2015/08/21/everything-you-need-to-know-about-how-the-state-department-classifies-information/
Who can classify information?
In the State Department, original classification authority for top secret info goes to the secretary of state or anyone the secretary has said -- in writing -- can do the job. Past examples include: "Deputy Secretaries, the Under Secretaries, the Counselor, Assistant Secretaries and equivalents; Chiefs of Mission and U.S. representatives to international organizations."
Secret or classified information is decided on by the secretary and/or a senior agency official, who can give classification power to others in writing as well.
How long does information stay classified?
"For as long as is required by national security considerations," according to the State Department manual, or up to 10 years from the date it was classified.
Some particularly sensitive information can stay classified for up to 25 years.After an item's classification time has expired, it is automatically declassified because, the State Department rules say, no information can stay classified forever.
There are plenty of exceptions. Top officials can intervene to keep something classified, especially when it falls under these categories Obama laid out:
(1) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source; or impair the effectiveness of an intelligence method currently in use, available for use, or under development;
(2) reveal information that would assist in the development, production, or use of weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or activities;
(4) reveal information that would impair the application of state-of-the-art technology within a U.S. weapon system;
(5) reveal formally named or numbered U.S. military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans;
(6) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States;
(7) reveal information that would impair the current ability of United States Government officials to protect the President, Vice President, and other protectees for whom protection services, in the interest of the national security, are authorized;
(8) reveal information that would seriously impair current national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, or infrastructures relating to the national security;
(9) violate a statute, treaty, or international agreement that does not permit the automatic or unilateral declassification of information at 25 years.
Is there anything you can't classify?
Yup. There are some rules in place to prevent abuse of the classification system, such as making something secret to avoid embarrassment or conceal breaking the law. From the State Department handbook, here's what you most definitely cannot classify:
(1) In no case shall information be classified in order to conceal violations of law, inefficiency, or administrative error, or to prevent embarrassment to a person, organization, or agency, to restrain competition, or to prevent or delay the release of information that does not require protection in the interest of the national security.
(2) A reference to classified documents that does not directly or indirectly disclose classified information may not be classified or used as a basis for classification.
(3) Only information owned by, produced by or for, or under the control of the U.S. Government may be originally classified.
Can the public request something be declassified?
Yes. So can government officials: In the State Department, an official who believe something is wrongly classified can challenge its status.
A court subpoena is also reason to declassify information before its time.
The public can file a Freedom of Information Act to see certain classified information. (From the manual: Send your requests for a mandatory declassification review the State Department at: Office of Information Programs and Services, U.S. Department of State, SA-2, 515 22nd St. NW., Washington, DC 20522-8100.)
But the handbook notes that declassification does not necessarily mean something can be released to the public.
The State Department has a few reasons to deny giving the public information, including:
(d) Refusal to confirm or deny existence of information. The Department may refuse to confirm or deny the existence or nonexistence of requested information whenever the fact of existence or nonexistence is itself classified.
(f) Other agency information. When the Department receives a request for information in its possession that was originally classified by another agency, it shall refer the request and the pertinent information to the other agency unless that agency has agreed that the Department may review such information for declassification on behalf of that agency. In any case, the Department is responsible for responding to the requester with regard to any responsive information, including other-agency information, unless a prior arrangement has been made with the originating agency.
(g) Foreign government information. In the case of a request for material containing foreign government information, the Department shall determine whether the information may be declassified and may, if appropriate, consult with the relevant foreign government on that issue. If the Department is not the agency that initially received the foreign government information, it may consult with the original receiving agency.
Foreign government information. There's that term again! It seems that's the one to watch as the FBI looks at all these rules and decides what, if anything, on Hillary Clinton's email server shouldn't have crossed it.
MADem
(135,425 posts)classified, when it isn't. That's why sentences and paragraphs have markings on them--to distinguish what is and what is not protected.
If you are only sending the unclassified piece of a document, you don't need "SECRET" at the top and bottom of the thing.
But you keep ignoring that, and gish-galloping with unrelated cuttin-and-pastin'. It just makes your argument look like a KITCHEN SINK effort and diminishes it.
leveymg
(36,418 posts)Apparently, this was not the first instance of this kind. I can't understand why you cling to the tale that the material (paragraphs) in question wasn't classified. That is a fundamental weakness in your argument that this was a routine nonclassified transmission.
(I'm cutting and pasting in places because I'm using this thread to archive material. Let me worry about appearances. Thnx)
See, (as posted at greater length near the top of thread)
Jake Sullivan both initiated email conversations and forwarded along messages with sensitive information, sources say.
By Rachael Bade
02/10/16
Read more: http://www.politico.com/story/2016/02/hillary-clinton-email-jake-sullivan-secret-219013#ixzz44hfYCK7S
Follow us: @politico on Twitter | Politico on Facebook
MADem
(135,425 posts)They ended up using a perfectly acceptable work around.
But hey, keep spinning. Now you know how the guy was feeling...!
Gee, now the information is "sensitive." According to "sources."
You know what information is sensitive? Stuff people don't want other people gossiping about.
SENSITIVE is not a classification. Nor is JUICY, DISH THE DIRT or GOSSIP.
And if you bother to actually read the links you provide, you'll see that the collars of that headline don't match the cuffs of the text at all.
Keep giving us links that don't prove your point, if you must.
leveymg
(36,418 posts)The previous instance cited with information gleaned from Tony Blair was clearly classified foreign government info.
Answer that one, please. You've been bobbing and weaving all afternoon. Really, I do want to hear your side of this.
MADem
(135,425 posts)The unclassified material was a public statement by the PM of the UK.
smh!
Do you know what PUBLIC STATEMENT means?
Good grief, you're working this overtime, aren't you? She wanted the PUBLIC statement--not the intra-agency stuff. Read your own links why don't you?
leveymg
(36,418 posts)Was that material classified (regardless of the merits of classification)? Why would you conclude otherwise?
karynnj
(59,507 posts)- not views of the security level, would that be itself a violation of the intent every person with clearance is supposed to have to protect things that should be classified?
I understand your point that, for things generated by the State Department, the Secretary of State could declassify them. However, let's assume that Secretary Powell, Rice or Kerry, wanted to more easily pass some justifiably classified information between their subordinates to facilitate a healthy discussion on an issue, opted to declassify something even just for a few weeks while they were making those discussions. Note that I have ASSUMED that the info really should be classified. In this case, could the Secretary's (note not HRC) action if observed and the motivations are seen to be as described, be in trouble -- even though he/she had the ability to declassify information?
Not to mention, there is the issue that not all the classified information was generated by the Department of State.
MADem
(135,425 posts)Without getting too specific, I have been granted access without filling out paperwork to stuff I wasn't normally authorized to see, because we had an operational (and damned good) reason for me seeing it.
Someone with many stars on the collar made that call--not me.
If you need the material to do your job, you need the material. I mean, that's what it's FOR, after all.
Also, we had a period of time under Clinton, Bill, where things that were just stupidly classified stopped being classified. All that was reversed under Bush, and stupid things got classified again.
I've seen "classified" material written in newspapers. I know that the reporters who acquired the information didn't get it by reading classified documents. They just did their jobs and reported on a story. In many cases our nation has classified stupid stuff--you get some idiot who likes typing (C) or (TS) after certain paragraphs; it's their way of feeling powerful, like they know stuff that other people don't know, but it's all bullshit. You could also, back in the day, read a bunch of cough-classified-cough stuff in the Foreign Broadcast Information Service (FBIS) documents of radio and television transcripts from around the world--but that shit wasn't really "classified" -- it was just some jerk who got over-eager with the paragraph markings. It ain't a secret if it ends up on TV/Radio/newspapers!
When I was just out of college, I worked on a Bell Labs project for the Navy where we all had secret clearance. Then, many of us got top secret just to get access to a Navfac to collect some data. I remember the man who supervisors the work of me and others, joking that no foreign country would believe that we had no real secrets given our clearance.
I do remember that there was one report that we hand carried ourselves from NJ to Norfolk where we needed to physically cut out the labels on the tables created. One person took the labels and another, not travelling with the first took the values. ( Normally, reports were sent securely, but we had found an error at the last minute - and this is how we were told we could bring the corrected tables.) In reality, we all doubted that the truncated labels on the computer sheets would make sense to anyone even if found.
leveymg
(36,418 posts)If materials were classified, and she mishandled them, she committed a crime. period.
MADem
(135,425 posts)If materials were NOT classified, and they weren't mishandled, she committed no crime. Awwww. Period.
leveymg
(36,418 posts)Her account seems to have a deep hole. Where are they and why haven't they been produced? If they exist and are unclassified, why hasn't her campaign FOIAed and published them. The gap in the record seems to be pretty conspicuous by their absence
MADem
(135,425 posts)If it were an RTQ or talking points, those include "worst case" responses to queries and are used to prepare a principal to respond to press inquiries. They aren't for release to the public, but they aren't classified, either.
Perhaps STATE doesn't want the press to know how they think and have declared the material FOUO--you'd have to ask them. Your dire scenarios just aren't cutting it, though.
leveymg
(36,418 posts)FOUO doesn't account for this. You aren't even trying to provide a reasonable explanation for why she proceeded as she did. If the document was unclassified, she didn't have to go through a 6 hour wait. If the document was a DOS classified doc, she could have declassified it on the spot. So, why the wait and frustration? Doesn't make sense unless the sections she wanted were other agency originated and so highly classified that it took a while to get them released to her. If it was classified, and she ordered Sullivan to strip the headers and send it unsecure, she violated her security oath and broke the law, even if he ended up sending it secure. We now learn that he actually sent her numerous Top Secret docs.
MADem
(135,425 posts)issue. And classified material DOES get stale and doesn't need to remain classified (even though sometimes it does) once it becomes "obvious." An easy example of this would be ships movements. You don't want to tell anyone that a submarine is going from point a on such-and-such a date to point b, arriving on such-and-such a date. But if the USS NEVERSAIL leaves New London at 1400 hours, someone will notice that they're leaving, or they've left, and they will come to the conclusion that they got underway--even if that information "was" secret. By the same token, if they turn up in Sigonella several days later, someone will see them, and that information becomes obvious, even if the material in the message traffic has a big fat (S) next to it. It's just not a "secret" anymore. And when the press starts reporting stuff, ALL bets are off--no matter how many (S) and (C) and (TS) and NOFORNs there are peppering the documents.
The person holding the title who is in the seat (not the person by name) is the one who controls the material. If they want to declassify it or downgrade it to facilitate coordination, that's their option. Powell can't poke his head up and say "Hey, I classified that SECRET--what are you doing downgrading it, Kerry?" It's not HIS. It's the SECSTATE's.
There are lots of reasons to classify things, but there are a lot of things that are "classified" that aren't, really. A lot of it is just keeping information compartmentalized; it's less about the actual secrecy of the material and more about not letting a whole boat load of people know what you're fussing and fuming about. You don't want people who don't have your best intentions in the forefront to be speculating about your intentions and trying to figure out how you think and process material. That's probably more important than actual bits and bobs of information.
Now, if she were sharing lists of names of undercover operatives, co-opted members of foreign governments, and intelligence assets, both foreign and domestic, that would certainly be a tough sell. But anything involving simple analysis? Most of that shit you can read in the paper. Everyone's got an opinion, and putting a big fat (S) on one doesn't make it any better or worse than one on the editorial page of the NYT.
revbones
(3,660 posts)Recursion
(56,582 posts)You need it to, for example, get the normal security briefing every week.
merrily
(45,251 posts)merrily
(45,251 posts)the variance between reality and what Hillary has been trying to get away with telling American voters since her server hit the fan.
The issue, so far, anyway, is not whether her staff had clearance to handle her papers.
Recursion
(56,582 posts)The private/government nature of the server is a complete red herring. If classified material went to a publicly-routable email address and was read on a computer connected to the Internet, that is the breach. Where the server physically was is irrelevant.
Even if she had used State's servers this problem would be exactly the same.
merrily
(45,251 posts)Are they just a honking huge red herring?
And yes, using a private server and not a government server does matter.
BTW, I never said a word about the location of the server, so no clue why you talk about where the server was.
Recursion
(56,582 posts)It doesn't matter for the issue of mishandling classified material. Whether private or government, no computer that is connected to the Internet should ever receive classified material.
merrily
(45,251 posts)that question was a red herring.
Also, you moved the goal post. First, it was that using a private server, period, didn't matter and was a red herring. Now, it's "It doesn't matter for the issue of mishandling classified material."
So, I repeat: using a private server does matter.
Recursion
(56,582 posts)Except that the only reason we found out about it was because the private server got FOIA'd.
If the same emails had been sent to a government server, the legal situation would be identical.
leveymg
(36,418 posts)have been called out on it far earlier. That is a material difference that goes to motive.
Recursion
(56,582 posts)You send something, four days later it gets classified. Oops.
Since they weren't marked classified at the time of sending, nothing would have turned up to any watchdogs.
leveymg
(36,418 posts)Yes, NSA and DSS would have noticed. NSA apparently did, anyway.
Kentonio
(4,377 posts)Her choosing to host a private server where the contents of her mail could be directly accessed en masse by an external agent without any of the protections government servers have was a choice which potentially compromised classified materials. The physical location just makes it worse as it was in an unguarded and unsecure facility. Someone could have literally just broken in and walked away with the server.
Recursion
(56,582 posts)It may well be a worse idea (I'd agree that it is), but it's just as illegal as sending classified over the sensitive-only network.
merrily
(45,251 posts)issue in this matter as a whole.
Jaysus.
Recursion
(56,582 posts)because I'm stressing the illegality of the alleged conduct here.
The fact that people get this entirely wrong isn't my fault. Classified information should never have left the classified network, period; the exact same law would have been broken if she hadn't had a private server. I don't see what the problem people have with this concept is.
If her email server had been on the government's unclassified network, it would be exactly the same crime to send classified material to it.
karynnj
(59,507 posts)Did Clinton help Blumenthal, employed by the Clinton Foundation get clearance? If so, I think when your company applies for clearance for you, they need to explain what you are doing for the government that requires it. In addition, TS clearance does not mean you can see everything labeled top secret, just what you have a need to know about.
IdaBriggs
(10,559 posts)At least, that is how I have been reading it. He was specifically DENIED and BANNED from Obama's office.
If you have other information or links that I missed, please share.
merrily
(45,251 posts)My point is that the question asked in Reply 7 was an irrelevant tangent. However, all of a sudden, the thread starts to be about the irrelevant tangent, rather than the content of the OP.
leveymg
(36,418 posts)Last edited Fri Apr 1, 2016, 11:24 PM - Edit history (1)
It appears that part of what was happening was that Sullivan was pulling TS/SAP info off the classified system, stripping off classification headers -- exactly what HRC told him to do -- and sending it over the private email server. Sullivan had cleared access to that system, but mishandled the materials at HRC's urging. That makes them both subject to subsection (g) of 18 USC Sec 793, Mishandling of Classified Materials. Subsections (e) and (f) prohibit unauthorized sharing and loss or destruction of classified materials, respectively, while (g) is conspiracy to violate any of the subsections (a)-(f).
Another potential felony count for HRC was her email exchanges with Sidney Blumenthal, in which Sid (who had no clearance we know of) sent her materials about Libya that were obviously classified. Under her security agreement, HRC had a duty to safeguard classified materials if she's the receiving party on her server, and if it is coming from someone without a clearance, she was legally obligated to report it to either State Dept Security or the originating agency, if known. She did neither, and instead urged Sid to "keep 'em coming."
merrily
(45,251 posts)Looks like the poster who raised the issue of staff clearance derailed discussion of the OP quite a bit.
leveymg
(36,418 posts)In fact, Sec 793, Mishandling Classified materials, only applies to persons with security clearances. There are other sections of the same Title of the Espionage Act that apply to uncleared persons who might illicitly obtain classified materials. But, that isn't really the issue raised in the OP. It's now clear that on many occasions, HRC and her staff colluded to evade classified document handling rules, and broke the law in so doing.
merrily
(45,251 posts)leveymg
(36,418 posts)merrily
(45,251 posts)It blows my mind that people polled say that they don't trust her and don't believe her, but will vote for her.
Blows. My. Fscking. Mind.
But that doesn't mean he had access to the files sent.
merrily
(45,251 posts)leveymg
(36,418 posts)As far as I know, Mills is the only one with a TS. Sullivan was the one who pulled TS docs off the classified system, so one would think he does too. Others may have more information about this. But, if it were shown that HRC shared TS/SAP, or TS with someone with a lesser Classified clearance, that in itself would be a felony violation of her signed security oath and 18 USC Sec. 793, mishandling of classified materials.
Depaysement
(1,835 posts)Others? It depends.
merrily
(45,251 posts)PonyUp
(1,680 posts)berni_mccoy
(23,018 posts)FreakinDJ
(17,644 posts)EndElectoral
(4,213 posts)dchill
(38,567 posts)It's not the crime, it's the coverup.
FreakinDJ
(17,644 posts)dchill
(38,567 posts)The way the perp ends up implicating him/herself. Kind of a Freudian confession.
nadinbrzezinski
(154,021 posts)PonyUp
(1,680 posts)merrily
(45,251 posts)the survivor is going to be at least as concerned with the murder as with the cover up
dchill
(38,567 posts)It is almost always the cover-up rather than the event that causes trouble. - Howard Baker
It isn't the original scandal that gets people in the most trouble - it's the attempted cover-up. - Tom Petri
Event and scandal. Not crime.
merrily
(45,251 posts)Even as to scandal and cover up, though, the deed counts, too. The cover up--unless successful, of course--drags the thing out and gives it more oxygen and headlines for longer than might have happened with a quick admission and apology.
I just have always thought the saying too glib by half. For example, did the cover up really matter more to Hillary and Chelsea than the extra-marital affair?
Karmadillo
(9,253 posts)about it and won't be able to beat it like a drum every single minute of every single day of the fall campaign if Hillary wins the nomination.
leveymg
(36,418 posts)VulgarPoet
(2,872 posts)riversedge
(70,358 posts)IdaBriggs
(10,559 posts)What other explanation can there be?
Seriously, though, the Clinton supporters are assuming this is more "Peter and the Wolf" style right wing smears. This has nothing to do with Bernie, and it is going to be hard for them to understand. It is such a breach of trust from someone most of them have defended against spuriously attacks for so long, the auto-pilot is strong....
This is going to be very hard for a lot of people to accept.
Tierra_y_Libertad
(50,414 posts)PonyUp
(1,680 posts)Tierra_y_Libertad
(50,414 posts)made "mistakes" and she was very busy being president, and looking out for interests of...well...you know.
riderinthestorm
(23,272 posts)Their coordinating their defense. ..
lovuian
(19,362 posts)in the Benghazi hearings.........
Justice
(7,188 posts)Politico report says - as you quoted- deputy chief of staff Jake Sullivan, whom sources say authored a number of emails to Clinton that are now considered top secret
That is completely different that saying Sullivan sent emails that were classified at the time they were sent, which is what the Hill is implying.
Dem2
(8,168 posts)Why would they do that?
leveymg
(36,418 posts)We did previously know that Hillary instructed her aide, Sullivan, to take a document off the classified system, strip it of its classification headings, and send it "unsecured." That's a smoking gun. We now learn that Sullivan sent HRC a number of Top Secret documents over the same private email system. That's pretty solid evidence of a pattern of crimes.
Gothmog
(145,687 posts)The e-mails authored by Sullivan were not classified when sent and the fact that they were later classified is meaningless. This article and the OP fails to mention that these so-called classified e-mails were summaries of articles in the NYT about drones and were in the public domain http://www.motherjones.com/kevin-drum/2016/02/yep-top-secret-emails-were-all-about-drones
Some of the nations intelligence agencies raised alarms last spring as the State Department began releasing emails from Hillary Clintons private server, saying that a number of the messages contained information that should be classified top secret.
The diplomats saw things differently and pushed back at the spies. In the months since, a battle has played out between the State Department and the intelligence agencies.
....Several officials said that at least one of the emails contained oblique references to C.I.A. operatives. One of the messages has been given a designation of HCS-O indicating that the information was derived from human intelligence sources...The government officials said that discussions in an email thread about a New York Times article the officials did not say which article contained sensitive information about the intelligence surrounding the C.I.A.s drone activities, particularly in Pakistan.
The whole piece is worth reading for the details, but the bottom line is pretty simple: there's no there there. At most, there's a minuscule amount of slightly questionable reporting that was sent via emaila common practice since pretty much forever. Mostly, though, it seems to be a case of the CIA trying to bully State and win some kind of obscure pissing contest over whether they're sufficiently careful with the nation's secrets.
It is not against the law to read and talk about articles in NYT.
Gothmog
(145,687 posts)Here are some more facts on this matter http://www.nbcnews.com/news/us-news/officials-new-top-secret-clinton-emails-innocuous-n500586
The officials say the emails included relatively "innocuous" conversations by State Department officials about the CIA drone program, which technically is considered a "Special Access Program" because officials are briefed on it only if they have a "need to know."
As a legal matter, the U.S. government does not acknowledge that the CIA kills militants with drones. The fact that the CIA conducts drone strikes in Pakistan and Yemen, however, has long been known. Senior officials, including Sen. Dianne Feinstein and former CIA Director Leon Panetta, have publicly discussed CIA drones.
In 2009, Feinstein disclosed during a public hearing that the U.S. was flying Predator drones out of a base in Pakistan. Also that year, Panetta called drone strikes in Pakistan "the only game in town in terms of confronting or trying to disrupt the al Qaeda leadership." Various public web sites continue to keep track of each CIA drone strike.
At issue are a new batch of emails from Clinton's home server that have been flagged as containing classified information in a sworn statement to the inspector general of the intelligence community. The sworn statement came from the CIA, two U.S. officials tell NBC News.
leveymg
(36,418 posts)The problem is that the defense that "no harm was done" in past prosecutions of mishandling of classified materials has failed. I'm sorry but the "innocuous" defense is not a legal defense, and won't win the hearts of many federal trial and appellate judges. And, by the way, this is just the opinion of just another batch of anonymous sources cited.
Gothmog
(145,687 posts)There was not crime committed here. Dan Abrams (son of Floyd Abrams) has some good analysis here http://abcnews.go.com/Politics/analysis-hillary-clinton-commit-crime-based-today/story?id=36626499
"During his tenure as the commander of the International Security Assistance Force in Afghanistan, Petraeus recorded handwritten notes in personal journals, including information he knew was classified at the very highest level. . .
Both the law and his oath required Petraeus to mark these books as 'top secret' and to store them in a Secured Compartmented Information Facility. He did neither. Rather, Petraeus allowed his biographer to take possession of the journals in order to use them as source material for his biography.
Importantly, Petraeus was well aware of the classified contents in his journals, saying to his biographer, Paula Broadwell on tape, 'I mean, they are highly classified, some of them. They don't have it on it, but I mean there's code word stuff in there.' When questioned by the FBI, Petraeus lied to agents in responding that he had neither improperly stored nor improperly provided classified information to his biographer. Petraeus knew at that time that there was classified information in the journals, and he knew they were stored improperly."
In the law, intent can be everything. Petraeus clearly knew he was violating the law, but based on what we know today, there is no evidence - not suppositions or partisan allegations but actual evidence - that Clinton knew that using a private email server was criminal or even improper at the time. Even assuming for argument's sake she created the server to keep her emails out of the public eye, that is in no way remotely comparable to the Petraeus case. Efforts to contrast the two cases fall flat factually and legally....
To be clear, none of this means Clinton won't be charged. There may be a trove of non-public evidence against her about which we simply do not know. It's also possible that the FBI recommends charges and federal prosecutors decide not to move forward as occurs in many cases. No question, that could create an explosive and politicized showdown. But based on what we do know from what has been made public, there doesn't seem to be a legitimate basis for any sort of criminal charge against her. I fear many commentators are allowing their analysis to become clouded by a long standing distrust, or even hatred of Hillary Clinton.
Dan is a good lawyer and this is a good analysis of the law on this issue.
Thank you for the laughs
leveymg
(36,418 posts)Gothmog
(145,687 posts)Stop relying on right wing nut job cites for your attempts at legal analysis. There is no such thing in the criminal law arena as strict liability with no mens rea required.
Thank you for the laughs.
Again, you took quotes and material out of context in your OP and I urge people to read the actual article to see what the article really said.
leveymg
(36,418 posts)I feel sorry for her. She's headed for a fall.
Gothmog
(145,687 posts)Lawyers in the real world know about things called mens rea and the requirement of a culpable mental state.
leveymg
(36,418 posts)Sec. 793 (f) doesn't even require it. Just reckless disregard for her own future. She did this to herself. Guilty.
Gothmog
(145,687 posts)In the real world, one looks at similar cases. Here there is no proof that Clinton knew that the material was classified at the time. In similar cases where there absolute proof that the defendants knew that the material was classified, there are some interesting results http://www.latimes.com/opinion/op-ed/la-oe-0330-mcmanus-clinton-email-prosecution-20160330-column.html
In 2015, retired Army Gen. David Petraeus was prosecuted for giving top secret notebooks to his mistress, who was writing a book about him. (Highly classified, he told her so he knew what he was doing.) Petraeus pleaded guilty to a single misdemeanor count of mishandling classified information and was fined $100,000.
Here's a better analogy: Beginning in 1998, former CIA Director John M. Deutch was investigated for storing highly classified documents on a personal computer connected to the Internet. The Justice Department initially declined to prosecute. After a public outcry the case was reopened, and Deutch negotiated a misdemeanor plea, but he was pardoned by then-President Bill Clinton.
The Petraeus and Deutch cases both included material that was highly classified, and both defendants clearly knew it. If Clinton's case doesn't clear that bar, it would be difficult for the Obama Justice Department to explain why she merits prosecution.
This isn't to excuse her conduct; it's just a diagnosis of the way the law works.
leveymg
(36,418 posts)She's not that stupid, and nor are the people. Guilty.
okasha
(11,573 posts)The assumption is wrong.
BainsBane
(53,093 posts)Its case rather than the defendant being responsible for proving innocence is lost on you.
It's in the constitution. Read it sometime.
And of course there is no defendant or indictment. Just the sad fact that you KNOW your candidate can't win the support of the majority of voters so you pray an FBI indictment all enable him to be installed in power against the will of the electorate.
That your argument is indistinguishable from the GOP's is far from Surprising. Previously you rested your hopes in the Benghazi committee, which you referred to simply as "the committee." That is when you weren't insisting that Black Lives Matter was a conspiracy to deprive Bernie of his rightful place in the Oval Office without being questioned or criticized by lowly citizens.
leveymg
(36,418 posts)Gothmog
(145,687 posts)You have heard of the concept of mens rea and intent? Here is a good explanation as to why the silly but funny hopes of the conservatives that the FBI will find a criminal violation by Hillary Clinton are so funny http://www.latimes.com/nation/la-na-clinton-emails-legal-20150908-story.html
That's because even a misdemeanor charge for mishandling classified information would require proof that Clinton knew she was keeping government secrets at "an unauthorized location."
Clinton has repeatedly said that she did not knowingly send or receive emails that were marked classified, and that her use of a personal email server while not "the best choice" was not illegal or unauthorized.
But these lawyers also caution that much remains unknown about Clinton's unusual email system and they say the Democratic front-runner remains vulnerable, both politically and legally, because of the ongoing FBI inquiry and a newly energized Republican-led House committee investigating the 2012 Benghazi attack that killed the U.S. ambassador to Libya and three others.
That investigation appeared to be going nowhere, but it gained new focus in late February when GOP staffers learned for the first time why they had received only a handful of State Department emails to or from the secretary of State. They had not been told until then that Clinton had not used the State Department's email server and instead relied exclusively on a personal system....
Stewart Baker, who served as top national security lawyer under Presidents Clinton and George W. Bush, said it does not appear based on what is known now that Hillary Clinton committed a crime when she used a private email server.
"It was a bad idea, a serious lapse in judgment, but that's not the same as saying it leads to criminal liability," he said. On the other hand, the continuing inquiries could turn up damaging evidence, he said, including the possibility that foreign governments tapped into her emails.
"This investigation has a way to go, and it will keep drip, drip, dripping away for a long time," he said.
The knowingly standard is not an easy standard to meet in this case.
I am enjoying watching the conservatives keep on claiming that Hillary Clinton broke the law. Such claims are really funny. Keep up the good work.
Are you claiming that one can violate the law without having to prove any intent or knowledge? That is very funny
leveymg
(36,418 posts)And she would still be facing 10 years in Leavenworth. It's as simple as that. The statute is unforgiving. Change it if that's unfair.
Next case.
Gothmog
(145,687 posts)The OP takes material out of context. I urge readers to read the actual article to see how badly the material in the OP was taken out of context
Gothmog
(145,687 posts)Here are some facts for the silly conservatives to ignore https://www.washingtonpost.com/opinions/why-hillary-clinton-is-unlikely-to-be-indicted-over-her-private-email-server/2016/03/08/341c3786-e557-11e5-b0fd-073d5930a7b7_story.html
Could a clever law student fit the fact pattern into a criminal violation? Sure. Would a responsible federal prosecutor pursue it? Hardly absent new evidence, based on my conversations with experts in such prosecutions.
There are two main statutory hooks. Title 18, Section 1924, a misdemeanor, makes it a crime for a government employee to knowingly remove classified information without authority and with the intent to retain such documents or materials at an unauthorized location.
What we learned from Hillary Clinton's emails
Play Video1:56
The State Department released 52,000 pages of Hillary Clintons emails as part of a court-ordered process. Here's what else we learned from the publicly released emails. (Monica Akhtar/The Washington Post)
Prosecutors used this provision in securing a guilty plea from former CIA director David H. Petraeus, who was sentenced to probation and fined $100,000. But there are key differences between Petraeus and Clinton.
Petraeus clearly knew the material he provided to Paula Broadwell was classified and that she was not authorized to view it. Highly classified .?.?. code word stuff in there, he told her. He lied to FBI agents, the kind of behavior that tends to inflame prosecutors.
In Clintons case, by contrast, there is no clear evidence that Clinton knew (or even should have known) that the material in her emails was classified. Second, it is debatable whether her use of the private server constituted removal or retention of material. Finally, the aggravating circumstance of false statements to federal agents is, as far as we know, absent.....
The argument here would be that Clinton engaged in such gross negligence by transferring information she knew or should have known was classified from its proper place onto her private server, or by sharing it with someone not authorized to receive it. Yet, as the Supreme Court has said, gross negligence is a nebulous term. Especially in the criminal context, it would seem to require conduct more like throwing classified materials into a Dumpster than putting them on a private server that presumably had security protections.
My point here isnt to praise Clintons conduct. She shouldnt have been using the private server for official business in the first place. Its certainly possible she was cavalier about discussing classified material on it; that would be disturbing but she wouldnt be alone, especially given rampant over-classification.
The handling of the emails is an entirely legitimate subject for FBI investigation. Thats a far cry from an indictable offense.
Ruth Marcus is hardly a Clinton supporter and these facts are consistent with the analysis posted elsewhere on this board that are not from Fox
azmom
(5,208 posts)demands strict security. Damn her for putting the nation's security at risk.
leveymg
(36,418 posts)Guilty.
azmom
(5,208 posts)I sincerely hope she gets prison time. No one is above the law.
840high
(17,196 posts)leveymg
(36,418 posts)Her IRW vote, alone, would have been disqualifying.
delrem
(9,688 posts)to do it her way.
But she evidently needed it, so she did it.
The consequences are a whirlwind blowing in the detritus of war.
reformist2
(9,841 posts)delrem
(9,688 posts)This is why the rest of the world is so interested in US presidential elections.
We're kinda on pins and needles in the rest of the world, trying to guess what kind of crazy you fuckers will unleash.
Major Hogwash
(17,656 posts)But, I'm not sure how far Hillary is willing to go once she is indicted.
If she continues the race after she is indicted, it will be a train wreck.
Octafish
(55,745 posts)When Clinton got to the Department, she opted to use her personal email account as a matter of convenience. It enabled her to reach people quickly and keep in regular touch with her family and friends more easily given her travel schedule.
That is the only reason she used her own account.
Her usage was widely known to the over 100 State Department and U.S. government colleagues she emailed, consistent with the practice of prior Secretaries of State and permitted at the time.
As Clinton has said, in hindsight, it would have been better to just have two accounts. While she thought using one account would be easier, obviously, that has not been the case.
SOURCE: https://www.hillaryclinton.com/briefing/factsheets/2015/07/13/email-facts/
That sounds nice: "convenience." But, the question becomes, "Why did she need to set up her own server, off-site to do so?"
leveymg
(36,418 posts)that was intercepted flowing through her server and Blackberry. Why would she assume that?
Octafish
(55,745 posts)Traitors. Warmongers. Torturers. Banksters. Friends of Cass Sunstein and Exxon Mobil.
NSA must really be in a position to develop and advance the career of talented leaders.
Still, I wish we could ask Frank Church about that time in 1975 and what he thinks about the NSA minimizing stuff.
Oh, FTR, I also believe Gen. Alexander and his successor are the kindest, bravest, warmest, most wonderful human beings I've ever known in my life.
bobthedrummer
(26,083 posts)Woe.
Hillary Clinton and the Dogs of War (Nicolas J S Davies February 2016)
https://consortiumnews.com/2016/02/19/hillary-clinton-and-the-dogs-of-war
Octafish
(55,745 posts)Neocon Kagan is Channeling Cheney the Neocon Queen:
Victoria Nuland married into PNAC Aristocracy.
Our woman in Ukraine, Victoria Nuland, is married to PNAC co-founder Robert Kagan
Robert Kagan's brother is Frederick Kagan
Frederick Kagan's spouse is Kimberly Kagan
Brilliant people, big ideas, etc. The thing is, that's a lot of PNAC. And the PNAC approach to international relations means more wars without end for profits without cease, among other things detrimental to democracy, peace and justice. Consider their most recent tour de force, Ukraine.
Docreed2003
(16,884 posts)While it certainly seems that the lackies are being lined up to be the fall guys/gals, the bigger issue here is that Sec Clinton not only set up a private, unsecured server in her home to carry out ALL official State business, she did so despite NSA warnings to the contrary. This was nothing like Powell having private email through State, Clinton NEVER used her State email account. Of course there was sensitive information passed through that server! And, I'm sorry, I'm not naive enough to buy into the line that "30k emails were of a personal nature". No, that's not good enough. Sec Clinton created this bullshit based on her own convenience and hubris. It's time for her to take full responsibility for it and face the consequences. Stating that it was "a mistake" isn't good enough. People have gone to jail for less. For reference, look into the Navy seaman who was sent to jail for posting a selfie on social media that happened to have a classified weapons system behind him...that was a mistake too, and he's currently sitting in jail!
smiley
(1,432 posts)Here's a link to your Navy seaman reference.
http://www.businessinsider.com/r-us-sailor-charged-for-taking-photos-inside-nuclear-submarine-2015-7
Docreed2003
(16,884 posts)smiley
(1,432 posts)I really thought this whole email thing was a political witch hunt, but the more I read, the more I realize it was an incredible lapse of judgement on her part. How could she not know this would come back to bite her? Furthermore any other candidate in any other primary election, facing this type of scrutiny would be considered unfit for nomination. It's bewildering to me that her supporters do not see this as a red flag.
... I hadn't heard of the Navy seamen before so thanks for info.
MADem
(135,425 posts)that one is not to take cameras or recording devices into the space?
Let's not downgrade disobeying a direct order along with mishandlling classified material into an innocent "selfie," now. You've got to make a decision to ignore a posted order, bring a camera into that space against regs, then take the picture, then post it publicly.
AND, while irregular, there was no regulation against Clinton setting up her own server and using outside email when she did it.
It's like trying to bust someone for drinking at age 18, when the drinking age was 18, after the law was changed to 21. Or nailing someone for driving 65 on the highway, using the law that said "Drive 55." The rules were changed AFTER Clinton left State.
Back to your "poor sailor"--let's look at just what he did--which included taking pics of a reactor on a sub at four in the morning (not selfies). His behavior was suspicious to even someone who is naive:
http://www.usatoday.com/story/news/nation/2015/08/01/sailor-faces-charges-submarine-photos-cellphone/31005689/
On a March day in 2012, the supervisor at the town dump in Hampton, Conn., saw an LG cellphone resting atop a trash bin. Deciding he needed a new cellphone, he powered it on.
It was the beginning of an unlikely series of events that led to the Justice Department filing charges that could put Machinist Mate 1st Class Kristian Saucier behind bars for 20 years. Prosecutors say the 10-year Navy veteran used his cellphone to snap pictures of the classified engineering spaces on the attack submarine USS Alexandria, raising questions about his intentions to share them....Saucier, 28, of Arlington, Vt., had been remodeling his home and making regular trips to the dump. When the supervisor opened the pictures on the phone, he discovered photos of Saucier, who he recognized, along with several detailed pictures of what looked like a Navy ship.
The supervisor showed the photos to a friend who is a retired Navy chief, who took them to the Naval Criminal Investigative Service, who then looped in the FBI.
The photos that raised red flags at NCIS and the FBI included images of various control panels, a panoramic view of the reactor compartment and a panel that showed the condition and exact location of the submarine at the time the photo was taken.
The FBI alleged that "an engineer could determine significant design characteristics of a U.S. nuclear submarine" from the images on Saucier's phone.....aucier told the FBI in an interview that the phone was his but that he didn't take the pictures, according to the criminal complaint. The FBI alleges that after the interview, Saucier went home and smashed his laptop, a camera and an SD card.
Pieces of the laptop were found in the woods behind Saucier's grandfather's house in another part of the state, according to the criminal complaint filed by the FBI.....
TwilightGardener
(46,416 posts)she wore several hats during the SOS gig--I believe she was involved with Clinton Foundation business while she was also chief of staff at State. How is the defense attorney going to deal with that, if the FBI investigation goes in the direction of corruption rather than, or in addition, to mishandling of classified materials? Edit to add: does Huma also have an attorney? How come she's not included in this quartet?
HassleCat
(6,409 posts)Unless we suddenly decide to crack down on this practice because a cabinet level official did it, and it attracted too much attention. That's entirely possible, but others have been doing similar things for a long time with no repercussions. If they take action against Clinton, they will have to take action against others, and I don't think they're ready for the avalanche. I suspect they will issue a report that is highly critical, but concludes it was carelessness that does not warrant prosecution.