Josh Marshall: This was never more than some poor judgment overlayed by a big bureaucratic ...
pissing match all slathered over by a thick layer of partisan game playing and media derp.
The Emails
ByJosh Marshall PublishedMay 25, 2016, 3:47 PM EDT 5205 views
A brief note on the State Department IG Report on the Clinton email issue. The ledes of a lot of stories present this as a rough hit for Clinton, bad news blah blah blah. Let's focus on the essential point: Continued at TPM
= new reply since forum marked as read
However, he is not a lawyer, so his "informed legal opinion" is moot. Keeping in mind that most lawyers who have spoken about this issue disagree with him.
ETA: besides, we all know it was the BFEE.
I've read perhaps two dozen articles that address the legal issues in this particular matter to some degree. Without exception, the ones that attempt to exonerate Hillary are inaccurate, incomplete, or are simply biased spin.
All but one of these HRC advocacy pieces sidestep the applicability of Sec. 793(e) and (f) to Hillary's mishandling of classified materials. The rest confine themselves to other sections, principally Sec. 1924, that impose a higher burden of proof. By omission, they all mislead some readers to conclude that there has never been a comparable Espionage Act prosecution of a high gov't official. They also imply by omission that there is a requirement to prove an elevated intent beyond the mere element of mens rea, or "guilty knowledge," and conclude incorrectly that is the reason high officials have never been charged with 793. Both of those insinuations have no basis in the plain-language of the statute and the history of classified information violation cases.
Here is a good place to start reading up on the subject:
The Congressional Research Service
"Criminal Prohibitions on the Publication of Classified Defense Information"
Jennifer K. Elsea
Legislative Attorney
September 9, 2013
https://www.fas.org/sgp/crs/secrecy/R41404.pdf (pdf)
You should also read the terms and penalties laid out in the Classified Information Nondisclosure Agreement that Hillary Clinton signed. That states the statutes that may be applied to her for violating that oath. Here is Hillary's Security Oath and the statute it references, 18 USC Sec. 793. Go ahead and read it.
1) Hillary signed this document on 01/22/09:
?w=500&h=262
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement, classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) 1'9SJ) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50,
United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, wiII result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classified information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classified materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
Sec 793 (e) and (f) linked here: http://www.democraticunderground.com/1251552653
