Posted on 01/09/2016 9:04:11 AM PST by Signalman
Over the past few days, there have been a number of articles in the press concerning Hillary ordering an aide to remove classified markings or "headers", i.e. "SECRET", "TOP-SECRET" from emails before sending them to her and most of them have said that this act (the removal of the markings) alone is a criminal violation.
I would love this to be the case but I've researched a number of the federal statutes dealing with this topic such as 18 USC 793 and I haven't yet found anything that SPECIFICALLY states that removing markings, or headers, from a document containing classified information is a crime under US Law.
I've also checked the CFRs (Code of Federal Regulations) and haven't found a federal regulation that deals with this, specifically.
If any FReeper who is a current or former Assistant US Attorney, or anyone else, can locate this information, please let me know.
Thank you
Generally, paragraphs, images, diagrams, charts, and the like also have individual classification markings, so you can have a document with varying levels of classification. The overall document will be classified at the same level as the highest level component. Thus, a document that contains a single paragraph classified as secret, and the remainder unclassified will have an overall secret classification.
All along, Hillary’s claim of innocence has been that the documents that were processed through her private server weren’t marked as being classified, and it was only later that investigators discovered the oversight, and added the appropriate markings.
Now we have discovered what a flat out lie that was (as if we didn’t already know that), because it was at Hillary’s request that the classification markings were stripped from the offending documents.
And even if Hillary’s minions had refused her request, she would still be guilty of a crime, merely for making that request.
Executive Order 13526- Classified National Security Information of 29 December 2009 Sections 1.5, 1.6, 4.1(g)
This should be a good start.
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If a document is classified, the only agency that can declassify it is the originating agency.
In summary:
1. The markings DO NOT matter.
2. The markings do not make the info in the document classified.
3. The markings are just a safety precaution.
4. Only the contents matter.
Isn’t it the case that having a separate server is in itself is a felony?
If anyone where I work had tried a stunt like what Madame Secretary pull off, they would have been fired on a rocket sled
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You betcha. You use high quality shredders to dispose of any classified material. Good grief, Hillary’s acts are beyond the pale. It is so outrageous she should have been in jail months ago. Her coming felonies will bar her from holding public office so who is she kidding. What is really important is why she did it. She was running a huge RICO money laundering operation and using her government office to facilitate the corrupt enterprise.
I don’t pretend to have knowledge on this subject at all, but it would seem logical that if the higher-ups put out a message marked “top secret” and some underling removes that mark, and then sends it on down the line, that it would be a felony. Why would anything need to be marked “secret”?
By telling them to remove the headers, she was basically ordering the altering of a classified document, and reproducing it in a different form. That has to be a crime.
I remember when I was doing Civil War research at the National Archives, there were times that I'd come across paperwork that had "Classified" and "Do Not Copy" on them. Even though the documents were old, I would have to take them to an employee in the Reading Room to get their approval to make copies. I guess I could have done a Sandy Berger and just shoved them down my pants.
Classified emails are sent via a SIPERNET (secure internet). The SIPERNET is not connected to a standard unclassified INTERNET. “Airgap.”
What is required is the person must copy the classified email from the SIPERNET onto a disk or USB. Then the person takes the disk or USB to the unclass system and uploads it there. Clearly, doing this demonstrate clear intent to circumnavigate restrictions and the law.
The federal regulation number, I believe, is 18 USC § 1924 (https://www.gpo.gov/fdsys/pkg/USCODE-2009-title18/pdf/USCODE-2009-title18-partI-chap93-sec1924.pdf).
This regulation is listed on the documents you sign when you receive your clearance and access to classified information.
Also, you receive training on proper protection of classified information and are well aware of the penalties of violating said rules.
If hitlery was anybody else, she would be in a dark deep hole right now, never seeing the sun or breathing free air again.
“Unauthorized”: might the Secretary of State have inherent authority to de-classify documents?
Just asking.
This is too much for me to grasp. If the New York Times stated on their front page that I had ONE classified email on my private server, I would immediately be fired and out on bond the next day awaiting trial. She had 1300 classified emails on her server and now we have documented proof of her conspiring with Sullivan to send a classified document on an unsecure link to her private server. How can this be?????
Wipe them? You mean like with a cloth?
Programs and their secrets are known to individuals with access to the program. Proper information handling is required within those programs. Programs may state handling requirements. It is within those programs that you find the specifics you are looking for.
Just kinda sorta playing devil’s advocate here (and with Hellary the word is quite synonymous).
Does the SOS have the ability to declassify documents?
I am assuming that it entails a little more than just removing the tags or blotting the word “CLASSIFIED” out with a magic marker.
But is there some way that she can slip out of this?
I fully expect some moron in the media to suggest that removing the headers made it ‘temporarily unclassified’ so she could transmit it, and then ‘newly classified’ afterwards
Except the “smoking gun” document referred to a non functional secure fax, so the issue wasn’t the location but expediency of transfer to a presumably allowed location via improperly insecure means.
While some (usually conservatives) can remain faithful to the Oath they take, they are few and once a person steps across the line to become part of "the club" something dies in their soul. They become protective of the cult and nothing else matters.
This why people like the Clintons can thrive there for decades and all they do is ignored or forgiven - tossed aside for the chance to be close to them, to be associated with their success even knowing that to them nothing and no one matters.
This (I think) is why a Vince Foster can be killed and tossed in the woods and the entire beltway including media rallies in the effort to construct a story of irrelevance. This is why a Sandy Berger can steal and destroy archived documents crucial to a congressional investigation and it's no dig deal.
This is why people across the nation can watch the burning of women and children in Waco Texas and go to work Monday morning as if nothing has happened.
This is why Hillary Clinton can stand on stages in front of adoring crowds who care nothing about law, the constitution, or even their own security as long as they think they are part of historical event that will be celebrated in the beltway.
Rather, it addresses the act of taking classified documents from a secure approved location and storing them at an unsecure, unapproved location.
Hillary's email server would definitely be considered an "unauthorized location".
Removing the classification stamps would show intent to deliberately violate security procedures.
To get from location A to location B, the info had to travel via the unsecured phone system. The unsecured phone system can be considered an "unauthorized location".
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