Posted on 01/08/2016 9:52:13 AM PST by GonzoII
The latest batch of Hillary Clinton emails released by the State Department early Friday contain what may be the smoking gun that forces the Justice Department to charge the former secretary of state with a crime, according to former federal prosecutor Joseph diGenova."This is gigantic," said diGenova. "She caused to be removed a classified marking and then had it transmitted in an unencrypted manner. That is a felony. The removal of the classified marking is a federal crime. It is the same thing to order someone to do it as if she had done it herself."
On the June 17, 2011, email chain with senior State Department adviser Jake Sullivan, Clinton apparently asked Sullivan to change the marking on classified information so that it is no longer flagged as classified.
Clinton, using her private email server, asks for "the TPs," apparently a reference to talking points being prepared for her. Sullivan, who is using his official State Department email, responds, "They say they've had issues sending secure fax. They're working on it." Clinton responds, "If they can't, turn into nonpaper w[ith] no identifying heading and send nonsecure."
It's not clear if Sullivan actually followed through on Clinton's orders. But if he did, it may expose Clinton to serious legal jeopardy.
"This makes it impossible for the bureau not to recommend charges," diGenova said of the FBI. "This makes it impossible not to go forward, and it certainly ties the hand of the attorney general."
Some have speculated that while the FBI may recommend charges, Attorney General Loretta Lynch might try to avoid doing so for political reasons.
The revelation also appears to put to the lie Clinton's claim that she never handled classified information on her server.
"I did not send nor receive anything that was classified at the time," she has claimed. By instructing her aide to send her material marked classified, it is clear that she not only may have received classified information, but that it was indeed "classified at the time."
"This means that when she said, 'I never received anything marked classified,' she in fact did," diGenova said.
David Bossie, president of the watchdog group Citizens United, said the email could become the emblem of Hillary's email scandal.
"It proves that Hillary Clinton affirmatively instructed senior staff to send classified data to an unsecured server," he said. "With that, it cements into history, much like the famous Bill Clinton finger wag."
If you think it took long for Obama to decide on the XL pipeline, wait until you see how long it takes to decide to allow Lynch to bring charges against Clinton. Can you say "never"?
Actually, the order itself is a felony, if I understand the law correctly.
Whether it was followed or not is immaterial.
It’s proof she directed a subordinate to feloniously violate a clearly understood law. I’m not convinced it requires _actually_ sending the classified document as directed, akin to soliciting a murder without someone actually getting killed is still a felony.
Here’s a good writeup on Hot Air (read the whole thing - some updates that add some clarification at the bottom):
I’m not an expert by any means, but it looks like the applicable part would be:
“transmits or causes to be communicated, delivered, or transmitted ...”
Penalty: Shall be fined under this title or imprisoned not more than ten years, or both.
The intelligence community has an existential vested interest in such laws being enforced. Short-term Presidents who cross their own career intelligence services often find things ... don’t work out to their benefit.
As the classifier of data, isn’t she criminally liable for knowingly ordering nonclassified transmission fo classified data, including removing classification markings?
“suggests”? You try this. Watch the Federal Govt destroy your life.
It’s only gigantic if they subsequently find the classified emailed talking points. And even then they’d probably prosecute the sender, not Hitlerly.
seems the headline should include the word: “knowingly”
DiGinova says the FBI will be up in arms if the Lynch doesn’t indict due to overwhelming evidence and aren’t going to let it go.
The fifth-column leftist media will minimize the lawbreaking of Satan’s daughter because they are just as traitorous as she is.
Not under James Comey.
He will personally lay the referral on Lynch's desk and let her know the National Security infrastructure expects her to take action.
If there is no action, you can expect several insiders to begin leaking very, very damaging information on all...and perhaps on subjects not related to Hillary.
It depends on what the definition of “is” is. In this case, the definition of “classified” and “unsecured”.
They won’t indict her. However cruz or trump can use this to point out the corruption of obama for not prosecuting her and point out that hillary lied and committed felonies.
Her big problem now IMHO is not the law, but the fact that Trump looks likely to be her opponent, and he is not going to succumb to media to pressure to drop the subject as any other Republican would.
So the problem becomes a political one. And if she begins to look like a loser they’ll kick her to the curb, sure as rain.
Hello 2016 Democrat nominee for President; Mr Joe Biden.
For the quintillionth time, the b*tch will not be indicted.
She is a liberal dimbulbcrat.
QED
This also answers the question of who wanted those damned TPS reports!
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