Posted on 09/04/2015 8:22:25 AM PDT by Signalman
Disclosures that the aide who set up Hillary Clinton’s private email server has refused to cooperate with investigators on Fifth Amendment grounds mark an ominous new turn for the Democratic presidential frontrunner as she fights allegations she mishandled classified information while secretary of state.
One former Republican U.S. attorney predicted Thursday that the development will compel the Justice Department to set aside the FBI’s limited inquiry into whether Clinton’s emails breached national security, empanel a federal grand jury and conduct a criminal investigation.
“Obviously, if he’s not going to cooperate, all of these people who were on her email are all going to get subpoenas now,” Joseph diGenova said. “It is fairly abundant that the setting up of the server – unencrypted, without State Department input – was done partially surreptitiously. And this gentleman who was part of that process could be criminally exposed for violating the espionage statutes, especially for the grossly negligent handling of classified information, which is a 10-year felony.”
The former Clinton aide, Bryan Pagliano, was subpoenaed on Aug. 11 to testify and produce documents about Clinton’s server to a House panel investigating the 2012 fatal attacks on U.S. facilities in Benghazi, Libya.
Last December, Clinton turned over to the State Department 30,490 official emails that had been stored on the server, but said she had deleted more than 31,000 other personal emails, without State Department review. The disclosure set off a political and legal uproar that has shaken what many considered her unbeatable candidacy for the party’s presidential nomination.
(Excerpt) Read more at mcclatchydc.com ...
18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
Why do we waste bytes?
Nothing will happen to Hillary - ever.
Nothing will happen to planned parenthood - ever.
Nothing will happen to Dorkbama the Muslim - ever.
Nothing will happen to Bonehead the drunkard - ever.
Nothing will happen to McDorkell the traitor - ever.
But...
A lot will happen to that woman who refused to grant marriage licences to fudge packers, males going to university, etc, etc.
And that all will continue until things happen to liberals.
Not good things.
Yes we know all about constitutional rights to invoke the 5th amendment. But in doing so, it reinforces the stench around the Clintons, the stench which reinforces the notion that they Clintons are hiding something.
Yep. The more times he invokes the 5th, the worse it is.
This Clinton hack has refused to talk to the FBI.
Who refuses to talk to the FBI?
Maybe this poor schmuck can share a cell with Scooter Libby for a crime HE did not commit.
mb
Is Hillary even campaigning anymore? I never hear anything from her about what she wants to do to get the USA on the right track again.
“And this gentleman who was part of that process could be criminally exposed for violating the espionage statutes, especially for the grossly negligent handling of classified information, which is a 10-year felony.”
That is ridiculous. He set up the email server. He cannot be held liable for the emails that Hillary Clinton chose to send or receive using that server. The responsibility for that lies with Hillary Clinton.
Her troubles worsen when law enforcement holds her accountable for the laws that she has clearly violated, and not until then.
Until such time, Hillary Clinton is above the law.
Bryan KNOWS he’s in this up to his taint and he isn’t willing to lie like a Clinton (brazen, unapologetic and daringly combative).
The Clintons know they are protected by their notoriety to some measure along with their connections, but this man is NOT. He KNOWS how easily her “you can’t prove that” defense can be taken apart because of all the people in this world who likely have access to what he tried to contain for her. His lawyer (probably not a Clinton lawyer) told him to “plead the 5th” and hope she gets taken down before they get to him.
The real fact of the matter is that this government (it’s NSA, the FBI, et al - likely so many other countries it isn’t funny) know every email she ever sent or received.
It is just a matter of when Obama and his ghouls are ready to cut her loose. When you hear Loretta Lynch on TV making a comment about it all is the day she’ll be over and done and out.
Uh, what trouble? Anyone seen any warrants or US Marshals dispatched to Chapaqua? (sp) Nope, and with the strong republican control of the house and senate, it ain’t likely to happen either. Ref the pic of slick willie and the lyin’ king on the golf course in Martha’s Vineyard.
The responsibility for that lies with Hillary (I can’t recall) Clinton.
Doubt it. I mean a little press will be made of it but, well, it’s the Clintons.
As an aside, EVERY good Defense Atty I knew told their Clients to never, ever talk to the Police. Excellent advice even though it pissed me off. ; )
This is applicable to classified information:
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material (Misdemeanor)
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
(b) For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).
(c) In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.
And this: This statute, if violated, is a felony.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both.
(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(h)
(1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall apply to—
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
Isn’t it nice to know that “Lapdog” Lanny Davis is still true blue to Hillary (/sob)?
This episode shows the presumptive nominee as yet even more credible, and those serving her as yet even more united in transparency and truth. Plus she has such pretty ankles.
Hillary crossing fingers: “We were hoping he would testify (read lie)”. When given immunity the guy will be forced to tell the truth. He is now a real target for another Arkancide.
Catherine Herridge on Fox News this morning had some information on how yesterday’s closed-door hearing for Cheryl Mills went. When the Republican representatives asked questions she had “memory lapses” and said “I do not recall.” Her memory seemed fine in response to questions from Democrats.
Signalman:
You are a Freeper that warms the cockles of my heart.
And everyone likes warm cockles.
I think volumes of laws have been violated.
Even the easy ones to prove are felonies.
The question is, will this lead to Obama?
What did the President know, and when did he know it?
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