Posted on 01/25/2016 8:55:31 AM PST by 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."
"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?
Oh wow, didn't know that. The fix is in. . but maybe not. We'll see.
The "His" that leads off the following paragrah is a US Attorney named McCarthy who's known Comey for quite some years.
His conclusion, drawing on his professional relationship with FBI Director James Comey: "Besides working under administrations of both parties, he has overseen prosecutions of both Republicans and Democrats. I’ve known no one in law enforcement more capable of navigating through a political maelstrom. Jim is tough, he is smart, and if there is a case to be made here, he will make it. And if he makes it, it will be bulletproof. 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."
It's from the previous article I posted. I think Hill is a stinking pile of crap far before the end of this election.
Yes we will.I must say I have no illusions of justice.
This document could be sourced as cause to convene a grand jury in itself. Good work.
A possible side question I bring up just for discussion: to what extent is anything she’s done subject to a state’s criminal jurisdiction?
I don’t know any answers and haven’t researched it; the question just occurred to me because I know that there are plenty of things that are criminalized under both federal and state law, and there are some statutes, such as computer trespass statutes, that are notoriously broad and might actually cover something here.
Perhaps those who have thought some on it might weigh in.
Better question.... Was the attack on the embassy a result of the cia operation that was being run from the secret annex that may have been discovered from hacking clintons server?
Was she actually the cause of the attack? That would explain even more clearly why she was so eager to blame a video. Obama had an election coming up where his having terrorist on the run was a theme along with a covert cia operation being exposed by his sos server. That’s rich and sad.
Thank you. Found this on Grand Jury:
"Regular court trial juries are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23 people. The grand jury is one of the first procedures in a criminal trial, if used at all."
I wish we could get 16-23 FReepers together and just form a Grand Jury. Now wouldn't that be something!
These SAP documents are SO secure that their drives are pulled from their computers every day and kept in a secure safe under guard overnight.
The following morning they are pulled from the safes, probably with more than one person watching and inserted in the drives bays. I'm sure there is oodles of paperwork that goes with them.
But the actual access to this data Must be the minimal humanly possible. Preferably 1 or 2 max And not just any Tom, Dick or Harriett either, Heads of Departments and Secretaries at least. There has got to be a VERY long paper trail at the controlling agency for every document checked out.
In this case I don't think the problem is too LITTLE data to prove guilt. I think its too MUCH data and the FBI can pick and choose which charges to hit them with. Yeah, I said them. Huma, Mills an Sullivan as well as many others, oh yeah Her lawyer, kendall was walking around wth all this shit on a zip drive in his pocket!! Lot of people gonna get nabbed with this one.
And it's only getting worse for Crusty and pals. There are still 7,000 of the emmails yet to e released . Supposed to be released on Jan 29 but they're whining for a delay til Feb 30 to get it all out. Hope the judge see through it an denies.
But the point is, if the 30000 that they've released are THIS bad, imagine how terrible the next 7k are going to be!!
In this case I don't think the problem is too LITTLE data to prove guilt. I think its too MUCH data and the FBI can pick and choose which charges to hit them with. Yeah, I said them. Huma, Mills an Sullivan as well as many others, oh yeah Her lawyer, kendall was walking around wth all this shit on a zip drive in his pocket!!
Wow, interesting info. Thanks for posting. Hillary having access to TS and TS/SAP just about makes you sick. And OMG, can you imagine the quid pro quos if she becomes President.
I don’t know any answers and haven’t researched it; the question just occurred to me because I know that there are plenty of things that are criminalized under both federal and state law, and there are some statutes, such as computer trespass statutes, that are notoriously broad and might actually cover something here.
Perhaps those who have thought some on it might weigh in.
Interesting points. Wonder if any of our legal folks can weigh in. I've been assuming it's all Federal, but certainly the laws she violated have their counterparts on the state level and crossing state lines, etc. . Maybe something there.
Hillary left Stevens defenseless and that is probably why the consulate was attacked. A staged hostage-taking gone bad?
I’ve often wondered if it was a staged hostage-taking gone bad. Then I thought Obama wouldn’t take the risk. .
I can’t understand how democrats can even consider voting for her...
You're right - no one is telling Ameicans WHY this is such a disaster..
Only because they are 'true believers' and must want Eight More Years of Obama?
Most dems I know are really low information people. . . all the way around.
I’m sorry I forgot the thank you. I appreciate your work!
"The FBI is ready to indict Hillary Clinton and if its recommendation isn't followed by the U.S. attorney general, the agency's investigators plan to blow the whistle and go public with their findings, former U.S. House Majority leader Tom DeLay tells Newsmax TV."
"I have friends that are in the FBI and they tell me they're ready to indict," DeLay said Monday on "The Steve Malzberg Show."
""They're ready to recommend an indictment and they also say that if the attorney general does not indict, they're going public."
They need to STAY IN THEIR JOBS TOO...
Motion filed to block State from delaying release of Clinton emails
Video suggests Clinton shared info that 'would never be on an unclassified system' normally
Is this information being leaked by the Clinton team to soften the FBI’s impact? Normalize it?
“The questions surround a 2013 speech in which Sherman compared the technology differences between serving at the State Department in the administrations of President Bill Clinton and President Obama.”
“Now we have BlackBerrys, and it has changed the way diplomacy is done,” Sherman, who was undersecretary of state at the time, said in the 2013 on-camera remarks. “Things appear on your BlackBerrys that would never be on an unclassified system. But you’re out traveling, you’re trying to negotiate something. You want to communicate with people, it’s the fastest way to do it.”
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