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U.S. News & World Report
A former Navy machinist mate who admitted taking photos inside a nuclear submarine was sentenced to a year in prison Friday, with a federal judge rebuffing a request for probation in light of authorities deciding not to prosecute Hillary Clinton for mishandling classified information on a private email server as secretary of state.
Kristian Saucier’s attorneys argued in a court filing last week that Clinton had been "engaging in acts similar to Mr. Saucier" with information of much higher classification. It would be "unjust and unfair for Mr. Saucier to receive any sentence other than probation for a crime those more powerful than him will likely avoid," attorney Derrick Hogan wrote.
The photos were deemed “confidential,” the lowest level for classification.
By contrast, an FBI investigation found Clinton’s private email server contained at least 110 emails with classified information. The probe found eight email chains with "top secret" information, 36 with "secret" information and eight with confidential information.
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When a separate agency like the CIA determines something is classified they own it. It cannot be unilaterally declassified by some other agency.
We can only speculate what it was and how it got onto her server but for example suppose Clinton was briefed on the Bin Laden raid and she was discussing the details of that briefing in her email.
CIA cannot nor can anyone else simply declare subjects classified. CIA hereby say any discussion of "deposing majority elected leaders" is classified top secret. So Clinton discusses the morality of deposing a freely elected leader with a college government studies class. Has she violated the TS classification? Or an underling drops a note to the SofS that he picked up a rumor at an embassy party that the military in gonetohellistan is about to overthrow its President. Turns out the CIA has been working this for a couple of years. Is that communication now TS SAP?
You need to know the details. I would think the existence of such a capability in a place like State is simply dumb...as was Powell's AOL address. If one provides the mechanism to sin it will happen. But it is not deliberate nor is it necessarily a big deal. And you will not find the truth from the spooks who do not relish the fact the line is in charge.
Department secretaries are equal in rank, all are equal Original Classifying Authorities, and all are superior to the director of the CIA. There is no law that dictates that a classification by any one of these equal Original Classifying Authorities governs any of the others. There isn't even such an Executive Order.
There is no such law. In general, they observe each other's classifications, but there is no such law requiring them to do so.
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.
In any event Ralph make up all the excuses you want, this will never change the fact Clinton was using a server in her basement for transmitting classified material.
In any event Ralph make up all the excuses you want, this will never change the fact Clinton was using a server in her basement for transmitting classified material.
In any event Ralph make up all the excuses you want, this will never change the fact Clinton was using a server in her basement for transmitting classified material.
I'm going to give you a homework assignment. You quoted an Executive Order...which is not a law. Go back into that very same Executive Order and make note of its enforcement provisions to answer this particular question: Who is responsible for enforcement?
She both sent and received these communications. Furthermore if they were being sent or received over classified system instead of a server in her basement by default they are protected.
Quote:
Originally Posted by thecoalman
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In any event Ralph make up all the excuses you want, this will never change the fact Clinton was using a server in her basement for transmitting classified material.
Just to add here is something from the most recent link I gave. Form: SF312
Its a form for any employee of the US government or it's contractors when they receive their security clearance. It's an agreement between them and the US.
But it is not deliberate nor is it necessarily a big deal.
It's my opinion this was 100% deliberate and it's a very big deal. The only logical reason for anyone doing this is circumvent FOIA requests. We are going to find out what was in these 14,900 work related emails that were deleted and more importantly we will probably find out what was in the work related emails the FBI didn't find. I suspect there will be release a day before the first debate followed by another a few days before the election.
I'm going to give you a homework assignment. You quoted an Executive Order...which is not a law. Go back into that very same Executive Order and make note of its enforcement provisions to answer this particular question: Who is responsible for enforcement?
Here is your homework assignment Ralph, tell us why Clinton would risk exposing these communication. Is she an idiot? Was it to hide her communications from FOIA requests? Should we accept her excuse that she was too lazy to use classified system?
What was the purpose or reason for this when she had classified networks at her disposal?
You can continue to make all the excuses you want. The fact is at the end of the day Clinton was transmitting classified material over server in her basement.
Quote:
For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails).
It's my opinion this was 100% deliberate and it's a very big deal. The only logical reason for anyone doing this is circumvent FOIA requests. We are going to find out what was in these 14,900 work related emails that were deleted and more importantly we will probably find out what was in the work related emails the FBI didn't find. I suspect there will be release a day before the first debate followed by another a few days before the election.
I have said before that IMO Clinton was vulnerable to charges of violating FOIA, and I don't see how she's avoided that--it doesn't seem to be something Comey or the DOJ looked at.
But with regard to the Espionage Act, Comey explicitly referred to the requirement established by the Supreme Court in the case of Gorin v United States.
Quote:
But we find no uncertainty in this statute which deprives a person of the ability to predetermine whether a contemplated action is criminal under the provisions of this law. The obvious delimiting words in the statute are those requiring "intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage of any foreign nation." This requires those prosecuted to have acted in bad faith. The sanctions apply only when scienter is established.
In every successful prosecution under the Espionage Act, the government has been able to prove an intent to transfer either to the injury of the US or the advantage of another nation.
Here is your homework assignment Ralph, tell us why Clinton would risk exposing these communication. Is she an idiot? Was it to hide her communications from FOIA requests? Should we accept her excuse that she was too lazy to use classified system?
What was the purpose or reason for this when she had classified networks at her disposal?
You can continue to make all the excuses you want. The fact is at the end of the day Clinton was transmitting classified material over server in her basement.
Yes, she did, and her actions were reprehensible.
But there isn't a law to prosecute her for it. Clinton is a cunning lawyer, and she has cunning lawyers on staff.
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