Hillary Clinton's Email and Server Scandal: Summary Review and Recommendations

January 25, 2016 | Art in Idaho

[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?

[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.

Interesting point - wait for later. The only problem is if we follow the law, she needs to be prosecuted and tried now. Will be interesting if they delay and wait for Trump to deal with her. . and Bill. . and maybe Obama. You can't tell me he didn't email her, and for what purpose on a private server? Blumenthal? Libya? Benghazi? Lots of unanswered questions. As I said above, I hope someday the FBI will release all the emails.

[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!!!!

We'll see if this is swept under the rug. It seems so big that it will be hard to do. It's not only Hillary, it's What She Did and the precedent for the future. This can never be allowed to happen again, at least from a National Security standpoint.

[Art in Idaho]

You're welcome! I enjoyed the research. The only problem, as mentioned above, is that the more I got into it, the more OMG it became. The FBI guys must be pulling their hair out. . . and then if nothing happens, they will go absolutely ballistic.

[Art in Idaho]

Thank you. And as you said, "The American people have to have the dangers from Hillary's actions spelled out to them."

[LucyT]

[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.

Yes it is. I first read about Guccifer last February. You know damn well the Russians, Chinese and Iranians plus who knows who else have an exact copy of Hillary's server + as many have said, it was a "back door" to our whole Federal System, secrets and all. Thanks Hillary!

[Toughluck_freeper]

The democrats are just waiting for a large number of delegates to ‘pledge’ to Hillary.

Then BEFORE the convention, she will be forced to withdraw, and the delegates are freed, and Bernie can’t get them.
Hillary would probably be promised a pardon etc. to make her go along with it. Maybe she’ll cite health issues.

Then the leaders of the Democrat party can select anyone they like to be the Democrat nominee instead.

I think this is how it is going to play out.

[Art in Idaho]

You're welcome!

[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.

Oh My: "Impeachment upon taking office. It would be ironic to deny Hillary legal counsel for the impeachment hearings as Hillary tried to do to Nixon." Now wouldn't that be sweet. Oh I remember:

[Art in Idaho]

Interesting take. We'll see how it all plays out. As of now, she's not the definite nominee. Wouldn't have said that last summer.

[HeartlandOfAmerica]

Here's a couple little additions:

Several weeks ago judge Nap on Fox said that Comey, the Director of the FBI has ordered his special agents investigating this treason to report to them every single day. This is unprecedented.

2) This morning Judge Napalitano was on Fox Business and said that getting into these SAP document isn't like clicking a link in your gmail account. You click a link and it pops open a box where you have to input a code that you get from the originating agency AND THAT CODE IS CHANGED EVERY HOUR!

[Art in Idaho]

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

Yes, they all, Holder, Obama and Lynch, hide behind that haughty arrogant persona. What are they hiding?

[Art in Idaho]

1. Several weeks ago judge Nap on Fox said that Comey, the Director of the FBI has ordered his special agents investigating this treason to report to them every single day. This is unprecedented.

2. This morning Judge Napalitano was on Fox Business and said that getting into these SAP document isn't like clicking a link in your gmail account. You click a link and it pops open a box where you have to input a code that you get from the originating agency AND THAT CODE IS CHANGED EVERY HOUR!

Thanks for the additions.

They're both amazing. . the code has to be changed every hour. just wow. . and nothing is going to come of this folks? We'll see. .

[CivilWarBrewing]

Great job 'Art in Idaho'! I hope someone in the FBI reads your post. I'm sure there's more law-breaking we don't know about that are related to her 'DELETED' emails. THOSE are the juicy ones, I'm sure.

QUESTION:

Was Benghazi attacked BECAUSE hostile forces hacked into Hillary's server and saw Ambassador Stevens' emails PLEADING for additional security?

Was Benghazi attacked NOT BECAUSE OF A VIDEO but because of Hillary's server?

[CivilWarBrewing]

The FBI will issue a detailed report. Will it be called ‘an indictment’? Will it all be classified or unclassified with a classified Addendum?

[Art in Idaho]

Hillary's team copied intel off top-secret server to email

"The FBI is investigating whether members of Hillary Clinton's inner circle "cut and pasted" material from the government's classified network so that it could be sent to her private email address, former State Department security officials say."

"It takes a very conscious effort to move a classified email or cable from the classified systems over to the unsecured open system and then send it to Hillary Clinton's personal email account."

Whoa! Drip, drip, drip. Any attempt to ignore this is going to backfire.

[CivilWarBrewing]

Art:

Classifications are C, S, TS, and TS/(SAP) level. There is TS that isn't 'SAP'.

[GOPJ]

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.

ping

[Art in Idaho]

Thank you. I think the key is the FBI and the American People don't drop the ball on this. Keep up the heat!

And yes, I believe this is true:

"Was Benghazi attacked NOT BECAUSE OF A VIDEO but because of Hillary's server?

[GOPJ]

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.

pingable?