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Hillary Clinton's Email and Server Scandal: Summary Review and Recommendations
January 25, 2016 | Art in Idaho

Posted on 01/25/2016 8:55:31 AM PST by Art in Idaho

This is an attempt to compile the basics on the Hillary Clinton email/server scandal with accompanying conclusions and recommendations.

Where to start? I'll make this as concise and specific as I can. I'm going to type key urls and key data points from said urls. Here goes:

Of Course Hillary Broke the Law, And Here's How Salient points:

"It's painfully obvious that the former Secretary of State violated federal law--five of them, in fact. . . 44 U.S. Code § 3101, 2 U.S. Code § 192, 18 U.S. Code § 1519, 18 U.S. Code § 1924, 18 U.S. Code § 798. (See articles for details of each law broken).

Hillary's EmailGate Goes Nuclear - Does the latest release of Hillary's State Department emails include highly classified U.S. intelligence? Yes is the short answer. See article.

Hillary Clinton's Felony. The federal laws violated by the private server

Another list of the laws violated: 18 U.S. Code § 793(e) and (f), 18 U.S. Code § 793, 44 U.S. Code § 3106, Executive Order 13526, 1950 Federal Records Act. See article for details.

Fact Check: Hillary Clinton, Those Emails And The Law

"At issue are four sections of the law: the Federal Records Act, the Freedom of Information Act (FOIA), the National Archives and Records Administration's (NARA) regulations and Section 1924 of Title 18 of the U.S. Crimes and Criminal Procedure Code." See site for more info.

Is This File The Source Of Hillary Clinton's "Brace For Impact" Warning?

"Sullivan then explains the delay is being caused because they are having difficulty finding a secure fax to send, indicating the information was classified. Hillary Clinton then instructs Sullivan to break the law by eliminating the document heading and then proceeding to send via unsecured means. In government, particularly when it involves a position as high-ranking as the U.S. Secretary of State, this is a BIG NO-NO." See article for more details.

HILLARY Caught Illegally Declassifying Documents. IT'S A FELONY!

"In the emails, Hillary Clinton instructs him to "turn [it] into nonpaper [with] no identifying heading and send nonsecure."

"She is instructing him to erase the document's heading - which lists its classification status - and send it through a nonsecure email. The only reason to remove the heading is to hide it from prying eyes and cover their tracks. Hillary knew what she was asking was a felony." . . "Senator John Cornyn (R-TX) is pushing for just that. He is leading the charge to get a Special Prosecutor appointed to investigate Hillary's email crimes."

Hillary's Email: It's a Felony!

"One such action appears to be confirmed yesterday in an article in National Review by Brendan Bordelon entitled: Clinton Pushed Aide to Strip Markings from Sensitive Documents, Send through 'Nonsecure' Channel:

"During a 2011 e-mail exchange, Hillary Clinton urged top aide Jake Sullivan to strip classified talking points of all markings and send them through "nonsecure" means after a secure fax line failed to function. On the night of June 16, 2011, Sullivan told Clinton that important talking points on an undetermined issue would be faxed to her the following morning. When Clinton informed Sullivan that the talking points had not yet materialized, he began a frantic search for the problem. "They say they've had issues sending secure fax," he wrote to Clinton 15 minutes later. "They're working on it." "If they can't, turn into nonpaper with no identifying heading and send nonsecure," Clinton replied."

Sensitive spy information found on Hillary's server: report

"Fox News Channel, quoting two sources, said an intelligence agency had labeled the contents of the email dealing with one or more spies "HCS-O'' -- the code for reports on human intelligence sources in ongoing operations."

"Meanwhile, Gates said China, Russia and Iran were among the countries with the ability to snoop on Clinton's server."

"Given the fact that the Pentagon acknowledges that they get attacked [online] about 100,000 times a day, I think the odds are pretty high," Gates told the Hugh Hewitt radio show Thursday night."

"Congressional investigators reported in October that Clinton's e-mail account was the target of hackers from China, South Korea and Germany. Russian hackers also tried to breach the account in 2011, hoping Clinton would click on e-mails sent as phony traffic tickets."

EXCLUSIVE: Hillary Confronted over Hacked Email "Presidential candidate glares at reporter, denies growing evidence "A source fed to me... and by the way Alex, an unimpeachable source by any measure... This is an unimpeachable source who said, 'Not only was the email server hacked,' which is breaking news... but not only was it hacked, but the Clintons knew it was hacked and they kept using it," he said.

Pressure Mounting: More 'Top Secret' Emails Confirmed on Hillary Clinton's Email Server

"Yesterday, a letter sent from the Inspector General for the Intelligence Community to the intelligence committees in the House and Senate revealed that "top secret/SAP" intelligence had been identified on Hillary Clinton's private email server.

In an unclassified letter IG Charles McCullough writes, "To date, I have received two sworn declarations from one IC element. These declarations cover several dozen emails containing classified information determined by the IC element to be at the CONFIDENTIAL, SECRET and TOP SECRET/SAP levels."

The shoes are raining down in Hillary's e-mail mess

"Fox News, which last week disclosed that messages on Clinton's private server went beyond even Top Secret classification, now reports they even included material on clandestine human-intelligence sources."

"That is, secret agents and local assets in the field -- people whose very lives are in danger if they're exposed."

"And this comes as President Obama's own former defense secretary, Robert Gates, admitted, "the odds are pretty high" that her home server was accessed by one or more hostile foreign governments."

Bombshell: Hillary e-mails may have exposed human intel source

"If true, the latest revelation about Hillary Clinton's secret e-mail system goes way beyond "smoking gun." It reaches the level of full core meltdown when it comes to US national security and the safety of American intel sources. Fox News reporters Catherine Herridge report that the Inspector General has noted that information in one or more e-mails contained information classified as "HCS-O," denoting extraordinarily sensitive material that could put a human intel source at high risk if exposed:

"At least one of the emails on Hillary Clinton's private server contained extremely sensitive information identified by an intelligence agency as "HCS-O," which is the code used for reporting on human intelligence sources in ongoing operations, according to two sources not authorized to speak on the record."

Is each "top secret/SAP" and "HCS-O" email a Felony?

How many people died because the "top secret/SAP" and "HCS-O" list of agents was broadcast to the world? All of our moles, foreign intelligence assets and people in foreign governments associated with them. Also is the server hack related to what happened at Benghazi?

Former AG: It's time to charge Hillary

"According to former Attorney General Michael Mukasey, it's time for Loretta Lynch and the Department of Justice to do their jobs and charge Hillary Clinton with mishandling classified information -- at the least. Nodding to the expansion of the FBI's probe into areas of corruption, Mukasey argued in Friday's Wall Street Journal that the 1300-plus pieces of evidence already on hand more than justifies initial charges -- and cites David Petraeus as a precedent."

" The question isn't just why charges haven't already been filed against Hillary Clinton. It's also why no charges have been filed with the expanding universe of people who were aware of this system and yet did nothing to alert authorities to its use, people such as Stephen Mull, who warned Huma Abedin of the issue in 2011. There are a number of legitimate targets for prosecution. And it's time that the Department of Justice began lining them up."

Hillary Clinton's E-Mail Scandal: Far Graver than First Thought

"If a bumbling Clinton had let a smattering of classified e-mails land on her unsecured server, one might overlook an occasional slip-up or two. However, the State Department so far reports that Clinton's private server held at least 1,340 e-mails that contain classified data. The final tranche of Clinton's e-mails should arrive January 29, most likely featuring even more e-mails brimming with state secrets."

"Hillary Clinton has devolved in ten months from a fumbling former chief diplomat to a previously clear and present danger to U.S. national security."

The Server Is the Smoking Gun, Part 2,088,129

"Somehow, highly classified information from SIPRNet, as well as even the super-secure JWICS, jumped from those closed systems to the open system and turned up in at least 1,340 of Clinton's home e-mails -- including several the CIA earlier this month flagged as containing ultra-secret Sensitive Compartmented Information and Special Access Programs, a subset of SCI."

"SAP includes "dark projects," such as drone operations, while SCI protects intelligence sources and methods."

Clinton Foundation took massive payoffs, promised Hammond Ranch and other publicly owned lands to Russians along with one-fifth of our uranium ore

"Hillary and her foundation are implicated in the dastardly scheme along with the Russian State Nuclear Energy Corporation, Rosatom, and a few dubious Canadian elite, which is where the news gets really bad." More at the site.

Eight Laws Hillary Clinton Could Be Indicted For Breaking

"1. 18 U.S. Code § 793 - Gathering, transmitting or losing defense information 18 U.S. Code § 798 - Disclosure of classified information"

"2. U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material"

"3. 18 U.S. Code § 2071(b) -- Concealment, removal, or mutilation generally"

"4. 18 U.S. Code § 641 - Public money, property or records"

"5. 18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees"

"6. 18 U.S. Code § 1519 -- Destruction, alteration, or falsification of records in federal investigations"

"7. 18 U.S. Code § 1031 -- Fraud against the United States 18 U.S. Code § 1343 - Fraud by wire, radio or television 18 U.S. Code § 1346 -- Definition of "scheme or artifice to defraud" 18 U.S. Code § 371 - Conspiracy to defraud the United States"

"8. 18 U.S. Code § 371 - Conspiracy to commit a federal offense

With each law broken multiple times, there are indictable offenses galore.

What can the FBI do about Hillary Clinton without a grand jury?

"No Justice Department, no grand jury. No grand jury, no case -- period. As a technical matter, no matter how extensively the FBI pokes around on its own, no one can be a subject of a real investigation -- i.e., one that can lead to criminal charges -- unless and until there is a grand jury. That does not happen until the Justice Department hops on board."

"Of course, making the case would not mean the FBI could force attorney general Loretta Lynch -- and the president to whom she answers -- to pursue the case. The FBI cannot convene a grand jury and present an indictment. But you'd best believe the FBI can make the Obama administration look very bad if it shrinks from doing so. Then it will be a matter of how far Barack Obama is willing to stick his neck out for Hillary Clinton."

"Are we to believe that now Loretta Lynch would impanel a grand jury to go after Secretary Clinton over the classified information on her server?"

Judge Napolitano: Hillary's Email Scandal Is Her 'Worst Political Nightmare'

Napolitano broke it down on 'Fox and Friends':

"Top secret" means if the information is revealed, it could cause "grave harm" to national security.

"Secret" means revealed information could cause "serious harm" to national security.

"Confidential" means revealed data could cause "some harm" to national security.

Rudy Giuliani: Hillary Can't Avoid Indictment in Email Scandal

"Former New York City Mayor and U.S. Attorney Rudy Giuliani said Wednesday he doesn't think there is any way Hillary Clinton should be able to avoid facing an indictment for the "secretive and highly classified" government information found on the private email server she used while secretary of state."

"[There are] 13 violations of federal law that she arguably committed," Giuliani told Fox News' "Fox & Friends" program. "This is about as clear as it gets. It is a crime to negligently handle top secret material."

So, there we have it. What can we recommend? Well, there's a mountain of data, and assuming the 150 FBI agents are doing their job, a lot of indictable offenses. By all accounts, Comey is a stand up guy and will recommend Hillary Clinton be indicted by Loretta Lynch, the Attorney General. When that doesn't happen, from what I can tell, the options are a Special Prosecutor which is done by Congress:

"A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office."

From what I've been able to glean from the web, the Attorney General can direct her United States attorneys not to take a referral from the FBI for prosecution in any matter she so chooses. Only a grand jury can indict and only a Special Prosecutor or a prosecuting attorney who reports to the attorney general can present a case before a federal grand jury.

So, a Special Prosecutor and/or

A Federal Grand Jury. Does Loretta Lynch have to be the one to call the Grand Jury or can any Federal Prosecutor initiate this? Found The Power of the Grand Jury that delves into this. Maybe some of our Legal people can weigh in on this for further clarification of a Special Prosecutor and a Grand Jury.

Hillary Clinton is no stranger to a Grand Jury. Remember the Whitewater days? For you millennials, here's some info: "In February 1996, for the first time in history, a first lady of the United States was required to appear before a grand jury. Hillary Rodham Clinton testified for four hours before a federal grand jury on the disappearance and reappearance of billing records related to her representation of a failed investment institution that was under scrutiny when she was an attorney in Arkansas. Her testimony was part of the Whitewater investigation, which examined past financial dealings of Hillary Rodham Clinton, President Bill Clinton, and others."

"In theory, the grand jury is a body of independent citizens that can investigate any crime or government misdeed that comes to its attention. In practice, however, the grand jury is dependent upon the prosecutor to bring cases and gather evidence."

It wouldn't hurt to call our senators and representatives and demand a Special Prosecutor. I'm going to do this today. If nothing is done with this mountain of evidence any notion of the rule of law or justice in America is gone.

We all know why Hillary Clinton had a private server. To do quid pro quo business with foreign governments and to hide her personal relationships. All the connections with the foreign governments, the Clinton Foundation, and the Clinton Global Initiative need to be further investigated.

She also opened up our entire federal data base to hacking by foreign governments. A whole new set of laws broken. Treason? Was she selling secrets and hoping the server would provide cover? Remember when the Clintons gave China military secrets for campaign cash and to 'level the playing field?' Was Obama 'doing business' on the private server hoping to hide things? There's so much we don't know about. I hope the FBI has been able to connect all the dots and Comey steps up. We shall see. Loretta Lynch is the wild card. Will she honor her oath?


TOPICS: Crime/Corruption; Foreign Affairs; Government; Politics/Elections
KEYWORDS: classifiedemails; clintoncrimefamily; clintonfoundation; election; government; hillaryclinton; hillarycriminalprobe; hillaryemails; hillaryemailserver; sap
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Also, since foreign governments have her server, what are the risks of potential blackmail of Hillary by foreign governments if she is elected President? Isn't a money laundering Hillary originated quid pro quo with a foreign government and the Clinton Foundation in and of itself a form of blackmail?

Related, from last March and April: Hillary Just Recused Herself and Hillary's Server Conundrum: Is it going away? It's hard to believe it's been almost a year and she still hasn't been indicted and she's still running for President.

1 posted on 01/25/2016 8:55:31 AM PST by Art in Idaho
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To: Art in Idaho

Since you are not able to view the ‘deleted’ emails that the FBI was able to recover from Hillary server, they are likely to be able to do a much better job.


2 posted on 01/25/2016 8:58:20 AM PST by proxy_user
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To: Art in Idaho

I have never heard this question asked or addressed. Please, somebody get it to Levin, Rush or Hannity.

“If Hillary, as she claims, never dealt with material labelled classified on her private server, how much classified work was done on her government issued e-mail? Did our SOS NEVER deal with classified information at all? If so, where did she deal with it?”

It is my understanding that her govt. issued e-mail account was rarely used. Was there anything classified found on that account? Are we to believe the the Secretary of Sate NEVER dealt with any classified information?


3 posted on 01/25/2016 9:12:09 AM PST by Tenacious 1 (You couldn't pay me enough to be famous for being stupid!)
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To: Art in Idaho

As of 1991, the Attorney General must be the one to appoint a special Prosecutor. If Congress requests it, the AG must conduct an investigation of the matter and report to Congress if one will be appointed or specifically why one won’t.

The Court can’t even get State to turn over the last dump of Hillary emails till almost March, 4 primaries into the 2016 cycle.

Good luck with the present AG


4 posted on 01/25/2016 9:12:27 AM PST by Sasparilla
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To: Art in Idaho

Nice summation. It’s really not a complex or nuanced scandal. Pretty cut and dried. At least until you get into the larger issue of why she needed a private email system, free from oversight - the office of the U.S. SoS was available for purchase through the Clinton Family Foundation. The sheer magnitude of this crime is too large for some people to process.


5 posted on 01/25/2016 9:19:15 AM PST by dead ("I'm up to my eyeball in virgin goats!" - Mullah Omar)
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To: Art in Idaho
All this really doesn't matter unless Trump is elected President. Then with a new DOJ leader and staff charges can be brought and this corrupt criminal can be jailed. If anything happens now before the end of King Obama’s term, and if charged, she will have escape with a stroke of the pen.
6 posted on 01/25/2016 9:22:32 AM PST by Logical me
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To: proxy_user
I hope the FBI somehow can eventually release all of the emails.
7 posted on 01/25/2016 9:22:39 AM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: Art in Idaho

At this point in time, what difference does it make? She’s completely innocent of all these charges. Its all made up by the vast right wing conspiracy. Like its going to change her supporter’s minds? What minds? LOL, if all those charges were against a Republican? OMG!!!! The outrage and demands for a hanging would be all over the media. Regardless of what they find, she’ll never be found in a cell or an orange suit. Get over it, it ain’t going to happen. Normal rules of law and standards do not apply to the DC elite. If anything she might have to take less than 200k for a speech anywhere.


8 posted on 01/25/2016 9:24:04 AM PST by Bringbackthedraft (Just an old grumpy guy looking back in time, wondering WTF happened?)
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To: Art in Idaho

Thanks, Art. Good work.


9 posted on 01/25/2016 9:24:41 AM PST by MurrietaMadman
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To: Art in Idaho

You have done a good job of bringing this all together.

Most Americans have no idea of what security measures are for or how Hillary’s actions affect them.

I am reading a history book about the Battle of Jutland. The poor communications security of the Germans played a big part in the battle.

The American people have to have the dangers from Hillary’s actions spelled out to them.


10 posted on 01/25/2016 9:26:13 AM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: Tenacious 1
“If Hillary, as she claims, never dealt with material labelled classified on her private server, how much classified work was done on her government issued e-mail? Did our SOS NEVER deal with classified information at all? If so, where did she deal with it?”

Good question! I emailed the url of this thread to Hannity, so we'll see what happens.

11 posted on 01/25/2016 9:26:15 AM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: Art in Idaho

I reckon that once it was reported that Guccifer had read Hillary’s emails, it took about 15 minutes for AlQ, Chinese, NorKor, Russian, etc, sponsored hackers to totally ‘have their way’ with everything her server contained.

How long ago was THAT?

It’s time to put that thought into the general population’s awareness again.


12 posted on 01/25/2016 9:28:41 AM PST by Oscar in Batangas (No such thing as micromanagement...It's always more like microMISmanagement)
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To: Sasparilla
As of 1991, the Attorney General must be the one to appoint a special Prosecutor. If Congress requests it, the AG must conduct an investigation of the matter and report to Congress if one will be appointed or specifically why one won’t.

Thanks for the info. Didn't know about the 1991 ruling. Man, if she has to appoint one? So the protocol is Congress can request it, etc.

I still think we ought to call our Congress people and request one and at least have it on record as you said - "AG must conduct an investigation of the matter and report to Congress if a Special Prosecutor will be appointed or specifically why one won't." - at least have it on record she refused to do it. Maybe she'll surprise us. .

13 posted on 01/25/2016 9:34:07 AM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: Art in Idaho

Thank you for putting it all in one place!

bkmk


14 posted on 01/25/2016 9:37:18 AM PST by AllAmericanGirl44
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To: Art in Idaho

Bookmarked.


15 posted on 01/25/2016 9:37:33 AM PST by 728b (Never cry over something that can not cry over you.)
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To: Art in Idaho
No Justice Department, no grand jury. No grand jury, no case -- period.

Many of the seemingly violations of the USC fit the definition of High Crimes and Misdemeanors which could subject Hillary to impeachment upon taking office. It would be ironic to deny Hillary legal counsel for the impeachment hearings as Hillary tried to do to Nixon .

16 posted on 01/25/2016 9:40:43 AM PST by monocle
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To: Art in Idaho

Former AG Eric Holder is campaigning for her. What are the chances that the current AG will do anything?


17 posted on 01/25/2016 9:42:20 AM PST by blue-duncan
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To: dead
It’s really not a complex or nuanced scandal. Pretty cut and dried. At least until you get into the larger issue of why she needed a private email system, free from oversight - the office of the U.S. SoS was available for purchase through the Clinton Family Foundation. The sheer magnitude of this crime is too large for some people to process.

Thank you. Yes, the The sheer magnitude of this crime is too large for some people to process.

In my review for the article, I was just overwhelmed with all the data, the permutations and possibilities. The FBI guys must be going nuts. First, there's all the data, then, trying to put it into some legalese language. Let's hope the FBI still has really good people like the old days and they aren't part of the Obama machine.

The possible number of Felonies is huge. Each law, each email, each violation. As I understood in my amateur review, each one is a felony. I'm sure they plea bargain, etc, but on paper, it looked like each one was a felony.

18 posted on 01/25/2016 9:44:31 AM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: Art in Idaho
hildabutchbitch broke the law when she installed her own non-secure server, and began to do official State Dept business on it. The server is the smoking gun, there are too many broken laws to count.

The bitch should be in The Clinton Correctional Facility in Dannamore, NY {they even have their own jail}.


19 posted on 01/25/2016 9:46:23 AM PST by USS Alaska (Exterminate the terrorist savages, everywhere.)
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To: blue-duncan

I hope I am wrong but Loretta Lynch seems like a clone of Eric Holder.


20 posted on 01/25/2016 9:47:18 AM PST by Jane Austen (Marco Rubio is the White Obama and beholden to special interests.)
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