18 U.S.C. § 1924
Unauthorized removal of classified documents. The alteration of headers to facilitate removal of documents via an unauthorized channel is the crime.
Thanks.
§1924. Unauthorized removal and retention of classified documents or material
(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.
This is the statute, I believe, for which Gen. Petraeus was convicted.
But I’m not sure that “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location” pertains to removing the classified markings off the documents themselves.
Rather, it addresses the act of taking classified documents from a secure approved location and storing them at an unsecure, unapproved location.
Thanks.
§1924. Unauthorized removal and retention of classified documents or material
(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.
This is the statute, I believe, for which Gen. Petraeus was convicted.
But I’m not sure that “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location” pertains to removing the classified markings off the documents themselves.
Rather, it addresses the act of taking classified documents from a secure approved location and storing them at an unsecure, unapproved location.
“Unauthorized”: might the Secretary of State have inherent authority to de-classify documents?
Just asking.
18 U.S.C. § 1924
(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.
The email attests to her knowledge that the documents contained headers and classified information.