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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.
I haven't questioned Comey's opinion not to recommend indictment, you won't find that anywhere on any of my posts on this topic going back to when he originally made his statement. His opinion doesn't change the fact Clinton was transmitting classified material over a server in her basement, some of which has been deemed TOP SECRET/SAP by someone other than State at the time it was sent or received.
Clinton is a Dept head and as such has the authority to determine classification level of anything that originates in the State Dept. Purportedly the "classiffied" emails originated in the State Dept or from civilians. That says they were classified as Clinton decided.
Comey may have a fair judgement that she was careless based on the subject matter but that would still not make them classified if she did not agree. As it is apparently the subject matter that made these documents important it is unlikely we will ever know the truth.
Comey by the way is not qualified to determine the classification of such documents and did not do so. He is quoting some other agency. It could also be pointed out that the findings were none of Comey's business. Once he decided no law violated he should have shut up.
"has the authority to determine classification level of anything that originates in the State Dept."
PSST classified material WAS found on her server that was ORIGINATED by OTHER AGENCIES.
The ORIGINATING authority determines the classification and the RECEIVING agency CANNOT change that classified
"has the authority to determine classification level of anything that originates in the State Dept."
PSST classified material WAS found on her server that was ORIGINATED by OTHER AGENCIES.
The ORIGINATING authority determines the classification and the RECEIVING agency CANNOT change that classified
A POOR attempt to ignore the FACTS.
I bet you thought you could slip this by.
I suspect it's totally by design, but there is nothing by which to prosecute a Department secretary who chooses to change the classification of material that enters his Department from another.
The other Department secretary can huff and puff about it as much as he wants--and I've seen that happen--but there is no legal enforcement mechanism to prevent it.
As I said, I suspect that's by design. Department secretaries are not responsible to each other.
And also note that the Feds do not and have never required that all email be maintained. Only that which the recipient determines to be related to government business. Perfectly reasonable. The government does not need to store and secure 100 million pizza menus.
That is why I doubt there isk any possiblity of a FOIA violation. The recipient or originator has too much latitude.
The only way that could come up would be to find a whole mess of offending emails. A few will not do. That is explainable by "hit the wrong key"
I suspect it's totally by design, but there is nothing by which to prosecute a Department secretary who chooses to change the classification of material that enters his Department from another.
The other Department secretary can huff and puff about it as much as he wants--and I've seen that happen--but there is no legal enforcement mechanism to prevent it.
As I said, I suspect that's by design. Department secretaries are not responsible to each other.
You an "suspect" all you want.
Did you ever hold a TS clearance?
I doubt it.
If you HAD you WOULD know that what you proclaim, "but there is nothing by which to prosecute a Department secretary who chooses to change the classification of material that enters his Department from another."
"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;
Untrue. Nothing so far that was not State Dept or civilian authored.
But cite a source.
If you watch how Comey et al pick their words you would know this is not true.
"Untrue. Nothing so far that was not State Dept or civilian authored."
What part of RECEIVED do you NOT understand?
Your claim is a false narrative to start with.
It makes NO difference what so ever WHERE it came for. To send ANY classified material on a non-gov.unsecured PRIVATE server is AGAINST THE LAW.
I will even bold it for you
This been gone over so many time no that EVEN YOU should know your are WRONG.
Gowdy: Good morning, Director Comey. Secretary Clinton said she never sentor received any classified information over her private e-mail, was that true? Comey: Our investigation found that there was classified information sent. Gowdy:It was not true?
Comey: That’s what I said. Gowdy: OK. Well, I’m looking for a shorter answer so you and I are not here quite as long. Secretary Clinton said there was nothing marked classified on her e-mails sent or received. Was that true? Comey: That’s not true. There were a small number of portion markings on I think three of the documents. Gowdy: Secretary Clinton said “I did not e-mail any classified information to anyone on my e-mail there was no classified material.” That is true? Comey:There was classified information emailed. Gowdy: Secretary Clinton used one device, was that true? Comey: She used multiple devices during the four years of her term as Secretary of State. Gowdy: Secretary Clinton said all work related emails were returned to the State Department. Was that true? Comey: No. We found work related email, thousands, that were not returned. Gowdy: Secretary Clinton said neither she or anyone else deleted work related emails from her personal account. Comey: That’s a harder one to answer. We found traces of work related emails in — on devices or in space. Whether they were deleted or when a server was changed out something happened to them, there’s no doubt that the work related emails that were removed electronically from the email system. Gowdy: Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually? Comey: No.
"Untrue. Nothing so far that was not State Dept or civilian authored."
What part of RECEIVED do you NOT understand?
Your claim is a false narrative to start with.
It makes NO difference what so ever WHERE it came for. To send ANY classified material on a non-gov.unsecured PRIVATE server is AGAINST THE LAW.
I will even bold it for you
This been gone over so many time no that EVEN YOU should know your are WRONG.
Gowdy: Good morning, Director Comey. Secretary Clinton said she never sentor received any classified information over her private e-mail, was that true? Comey: Our investigation found that there was classified information sent. Gowdy:It was not true?
Comey: That’s what I said. Gowdy: OK. Well, I’m looking for a shorter answer so you and I are not here quite as long. Secretary Clinton said there was nothing marked classified on her e-mails sent or received. Was that true? Comey: That’s not true. There were a small number of portion markings on I think three of the documents. Gowdy: Secretary Clinton said “I did not e-mail any classified information to anyone on my e-mail there was no classified material.” That is true? Comey:There was classified information emailed. Gowdy: Secretary Clinton used one device, was that true? Comey: She used multiple devices during the four years of her term as Secretary of State. Gowdy: Secretary Clinton said all work related emails were returned to the State Department. Was that true? Comey: No. We found work related email, thousands, that were not returned. Gowdy: Secretary Clinton said neither she or anyone else deleted work related emails from her personal account. Comey: That’s a harder one to answer. We found traces of work related emails in — on devices or in space. Whether they were deleted or when a server was changed out something happened to them, there’s no doubt that the work related emails that were removed electronically from the email system. Gowdy: Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually? Comey: No.
Read for content. Comey alleges that there was classified information sent. But he does so by citing other agencies not by his own knowledge. Does the other agency override the SofS? Only if they initiated the information. Comey does not claim this.
The markings on at least two of the documents were that of a section that dealt with Clinton's schedule and were probably not accurate. Clinton clearly has a right to determine the classification of her schedule..
Clinton was wrong to use a private server for government business. Powell was wrong to use an AOL address for government business.
None that apply to a Dept Head on internal correspondence. It is the authority of the Dept Head that establishes such standaards. In others words she rights the book about what is classified in the State Dept.
Why do you IGNORE ALL CLASSIFIED MATERIAL SHE RECEIVED FROM OTHER AGENCIES?
I've already pointed that out. The fact that he destroyed evidence--the particular charge was "obstruction of federal investigation," a wholly separate and individual charge--that eaned him the the jail time.
" The fact that he destroyed evidence--"
And Hillary did the SAME thing.
Why WASN'T SHE charged?
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