Skip to comments.Report: FBI probe of Hillary is focused on Section 793(f) of Espionage Act
Posted on 10/16/2015 2:36:44 AM PDT by elhombrelibre
Some weeks ago, I attempted a preliminary analysis of whether Hillary Clinton violated 18 U.S.C. Section 793(f). This provision states:
Whoever, being entrusted with or having lawful possession or control of any document. . .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.
Now, Fox News reports that an intelligence source familiar with the [FBI] investigation of Clinton says the Bureau is focused on whether there were violations of this very provision of the Espionage Act. The intelligence source points out that Section 793(f) says nothing about classified information, but instead is triggered by lawful possession of national defense information when a security clearance holder through gross negligence, such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location.
That sounds a lot like what Hillary Clinton did.
It seems beyond dispute that Hillary had possession or control of documents relating to the national defense. Indeed, some of her documents have been designated as originally classified which means, by definition, that their disclosure reasonably could be expected to cause damage to the national security.
In addition, the case seems strong that Clinton removed such information from its proper place of custody and/or delivered it to someone in violation of her trust. I would argue that having information relating to the national defense on a private server constitutes removing it from its proper place of custody.
Furthermore, Clinton apparently delivered national defense information to Sidney Blumenthal, who lacked a security clearance, thereby violating her trust. One example is a November 10, 2011 email exchange between Blumenthal and Clinton in which the Blair option (having to do with the Israel-Palestine peace process, I assume) was discussed. The document is originally classified, which means, by definition, that it contains information the unauthorized disclosure of which could be expected to cause damage to the national security.
It also seems to me (as it apparently does to Fox News source) that it was gross negligence for Clinton to set up the arrangement whereby national defense information ended up on her private email server. That Clinton was aware of the risks involved is clear from her warnings to State Department employees about the risk posed by hackers.
Clinton supporters have tried to make something of President Obamas statement during a CBS interview with Steve Kroft that Hillarys use of a private server did not pose a national security problem. The White House has since walked that statement back a bit.
In any event, the test under the Espionage Act isnt whether Hillarys email system posed a national security problem. The test is whether, through gross negligence, her use of the system permitted national defense information to be removed from its proper place of custody or delivered to anyone in violation of his trust. If Fox News report is true, the FBI is concerned that it did.
Obama was speaking in political terms, not legal ones. But if the legal terms put Hillary in jeopardy, then obviously she will have a political problem too.
The violation under this definition seems like a no-brainer.
I know, and in my opinion Bernie Sanders has harmed himself as well by indicating he has no concern about such an egregious disregard for our nation’s secrets. Webb could have been the adult on that topic in the debate, but instead he was silent.
My read of BO’s Executive Order on Classified National Security Information says that Hillary very clearly violated her responsibilities.
Dude, even as simple as that is to understand they’re going to exonerate her. You can feel the narrative being set up.
From Obama commenting on an investigation regarding Hillary to the push to stop the Benghazi committee in Congress. It’s farcical. Pulling this move off will signal that they can do anything they want and please and get away with it.
Oh, and it’s not gross negligence. There’s actually some economic espionage for personal gain there.
Good to see it getting some press. Mark Levin focused on this more than once in the last couple of months on his radio show.
This one should be useful too:
(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.
That should send Blumenthal and Huma to jail along with H*****y.
In one egregiously criminal instance (one that we know of), Hillary's COS, Cheryl Mills, relayed State Dept email to the Clinton Foundation for the edification of the Clinton campaign team (who did not have security clearance)
Mills intercepting State Dept email for the Clinton Foundation was intended to aid and abet the Clintons get-rich-quick schemes....to continue the Clintons profiting off US govt information.
NOTE WELL: The cunning Clntons had it all figured out. Cheryl Mills was not an "official" State Dept employee but, as a private citizen working at state, she was privy to classified info that she could ..and did..use to benefit the Clinton Foundation (where she was also employed).
REFERENCE Internal State Dept emails WRT African matters received by the State Dept were routinely passed on to the Clinton Foundation by then-COS Cheryl Mills (now a top honcho in Hillary's 2016 bid).
Mills forwarded State Dept emails to Amitabh Desai, the Clinton Foundation's Director of foreign policy; one such email had been originally directed to the Assistant Secy of State for African Affairs.
Mills told the Foundation's Foreign Policy Director Desai she was sharing the State Department email with him because she knew Bill Clinton was "in contact" with Paul Kagame, president of Rwanda. "[Bill Clinton] has been talking about giving Kagame a plenary role at CGI," Desai said in his response, referring to the Clinton Global Initiative.
So why would Bill offer Kagame a plenary role at the CGI?
The Congo's "Freeport Mines" (copper, gold, cobalt) is a major Clinton Foundation donor, giving between $250-500,000, according to donor records. No report, as yet, WRT the Clintons cut in the Freeport Mines.
And w/ Hillary's help, the Congolese government saw its stake in the mine climb after Hillary's State Dept conducted talks that were pumped as being "in support of Freeport Mines," the Financial Times reported 2010.(SOURCE floppingaces.net)
NOTE WELL Once upon a time, Hillary took issue w/ African govt corruption as a US Senator, but
Ten years per offence, over six hundred emails and counting.
(waiting for hysterical laughter to die down)
In Hollywood, Obama's I-Know-Nothing Act wins an Academy
Award for "Unerring Stupidity While Holding Public Office."
<><>Obama was oblivious to the Clintons jerking around US foreign policy?
<><> Obama knew nothing of Hillary and Sid Blumenthal's Libyan business interests?
<><> Obama knew nothing about the Clinton Foundation/slush fund buck-raking activities?
<><> Obama never noticed Bill Clinton trotting around the globe selling out strategic US uranium interests?
<><> Obama never noticed Clintons' eternal presidency-- using do-goodism worm his way into the confidences of foreign leaders w/ untapped reserves of gold, uranium, oil, and other valuable commodities?
<><> Obama never knew Hillary's brother got a gold-mining permit in Haiti?
<><> Obama never noticed actions OR inaction resulted in mega-donations to the Clinton Foundation?
<><> Obama never noticed Secy Hillary never e-v-e-r uttered a discouraging word e-v-e-r......as the Clinton Foundation sucked up millions from shady foreign characters.
<><> Obama was clueless that the globe-trotting Bill Clinton was raising billions on classified info?
<><> Obama was oblivious to Bill Clinton's "Eternal Presidency" stealing Obama's thunder?
Of course, Obama knew nothing about this.
Ex-President Bill goes to Moscow.
"Hahahaha. The uranium deal? US ntl security?
Hahahaha. You gotta be kidding, Vlad."
“Original classification” is an authority, granted by the Resident under EO 13526 - Original Classification Authority.
[R]easonably could be expected to cause damage to the national security. is the definition for the classification of Confidential.
I agree. It was in effect a declaration by Sanders that either he didn't actually want to be President of the United States or he had no hope of achieving that goal. I turned off the debate at that point.
The Hildabeast is a demon and not subject to the law, it will do whatever it wants without consequence.
Since a cursory glance at the situation would answer the question, I’d say that this is more kabuki for the simpletons.
Even though I tend to agree with you, I’d say if you’re going to bring espionage charges against a former POTUS’s wife, who was a US Senator, SEC of State, and now the front running Democrat candidate, you need to do due diligence. I’d say a prosecutor will want a fully stacked deck for the conviction.
There is also the caveat of “Need to Know”
Sid was prevented from joining the DOS by the Obama Administration, therefore he had no “Need to Know” of anything the US GVT was doing.
Hillary sharing US GVT data with him violated the need to know principal.
Bitch, belongs in prison and if she skates then the rule of law in America is gone.
The rule of law ended no later than November 2008. Some would argue it died during the second term of Bill Clinton.
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