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5 Rules Clinton Broke Using Her Secret Server
GOP.com ^

Posted on 05/28/2016 8:08:53 AM PDT by McGruff

01 - Clinton violated a Non-Disclosure Agreement (NDA) she signed upon becoming Secretary by retaining records with classified information.

02 - Clinton violated State Department regulations forbidding the storage of classified information anywhere other than "the chancery" or "consulate" even for "reasons of personal convenience."

03 - Clinton used a BlackBerry to transmit classified information despite State Deparment policy prohibiting its use.

04 - Clinton violated State Department policy by giving classified material to her lawyer despite the fact that he lacked an "approved classified material storage facility."

05 - Clinton violated federal rules requiring that she turn over work-related emails upon leaving office.

(Excerpt) Read more at gop.com ...


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: clinton; nda
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It's going to be an interesting fall (if she doesn't have another fall)
1 posted on 05/28/2016 8:08:53 AM PDT by McGruff
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To: McGruff

2 posted on 05/28/2016 8:09:56 AM PDT by Helicondelta
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To: McGruff

Clinton BROKE LAWS... not just ‘rules’...


3 posted on 05/28/2016 8:10:35 AM PDT by GOPJ (Clinton was impeached for LYING UNDER OATH in a SEXUAL HARASSMENT case NOT for an affair.)
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To: McGruff

Hope something is done about it.


4 posted on 05/28/2016 8:10:59 AM PDT by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: McGruff

To democrats and other anarchists it’s not fraud, it’s a tool.


5 posted on 05/28/2016 8:11:09 AM PDT by Iron Munro (If Illegals Were Rebublicans 50 Million Democrats Would Be Screaming "Build The Wall!")
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To: McGruff
04 - Clinton violated State Department policy by giving classified material to her lawyer despite the fact that he lacked an "approved classified material storage facility.

Kendell, Clinton's lawyer should be arrested and indicted for knowingly accepting classified information and mishandling it.

Other than that, you can't use the terms policy, regulation, procedure or rules and expect to indict Hillary. You have to use words like Law and Espionage.

6 posted on 05/28/2016 8:12:33 AM PDT by Fhios (Going Donald Trump is as close to going John Galt as we'll get.)
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To: McGruff

I used to be a bank auditor and would audit for compliance with the bank’s policies and procedures. One of the primary reasons for having policies and procedures is to make sure that you are in compliance with applicable laws. By ignoring & circumventing “the rules” as the media is reporting it, i.e. those policies & procedures to comply with FOIA & protect classified information, Hilly has broken the laws themselves. As someone said “Email rules? Who knew there were ‘email rules’?” Again, those ‘email rules’ were there to make sure laws were not broken .... although the media is reporting more than they were prior to the IG’s report, the larger issue is being marginalized ... still.


7 posted on 05/28/2016 8:14:31 AM PDT by Qiviut (In Islam you have to die for Allah. The God I worship died for me. [Franklin Graham])
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To: McGruff

I hope the Trump campaign includes this information.


8 posted on 05/28/2016 8:18:34 AM PDT by jch10 (Hillary in the Big House, not the White House .)
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To: McGruff

Intel Vets Urge Fast Report on Clinton’s Emails
Consortium News ^ | May 23, 2016
Posted on 5/23/2016, 8:36:58 PM by 2ndDivisionVet

A group of U.S. intelligence veterans is calling on President Obama to expedite the FBI review of former Secretary of State Clinton’s alleged email security violations so the public can assess this issue in a timely fashion.

MEMORANDUM FOR: The President
FROM: Veteran Intelligence Professionals for Sanity
SUBJECT: Those “Damn Emails” – “Really a Concern”

Introduction:

Last Wednesday Robert Gates, CIA Director under President Bush-41 and Defense Secretary under President Bush-43, publicly commented that Secretary Hillary Clinton’s “whole email thing … is really a concern in terms of her judgment,” adding, “I don’t know what originally prompted her to think that was a good idea.”

What originally prompted her does not matter. As your Secretary of State and your subordinate, she willfully violated laws designed to protect classified information from unauthorized disclosure. It may be somewhat difficult for those not as immersed in national security matters as we have been to appreciate the seriousness of the offense, including the harm done in compromising some of the most sensitive U.S. programs and activities. This is why we write.
Pundits and others are playing down the harm. A charitable interpretation is that they have no way to gauge what it means to expose so much to so many. We do know, and our overriding concern is to protect the national security of our country from further harm. It would be a huge help toward this end, if you would order Attorney General Loretta Lynch to instruct the FBI to stop slow-walking the email investigation and release its findings promptly.

If you choose, instead, to give precedence to politics over national security, the American people will be deprived of timely appreciation of the gravity of the harm done; national security officials who do follow the rules will be scandalized; FBI investigators will conclude that that their job is more political than professional; and the noxious impression will grow that powerful people cannot be held accountable when they break the law. Worse: if the results of the FBI investigation remain under lock and key, dangerous pressures are likely to be exerted on the most senior U.S. officials by those who have the key – as we explain below.

* * *
We the undersigned Veteran Intelligence Professionals for Sanity (VIPS) have spent 400 years working with classified information – up to and including TOP SECRET, Codeword, and Special Access Programs (SAP). Given that experience, we believe that much of the commentary on the former Secretary of State Hillary Clinton email controversy has been misplaced, focusing on extraneous issues having little or nothing to do with the overriding imperative to protect classified information.

As intelligence, military, and foreign service professionals, we are highly aware not only of that compelling need, but also of the accompanying necessity to hold accountable those whose actions compromise – whether for reasons of convenience or espionage – sensitive operations, programs and persons. In addition, we know that successful mutual cooperation with foreign intelligence services depends largely on what they see as our ability to keep secrets secret.

Background:

Last August, Secretary Clinton handed over her private email server to the FBI, five months after she acknowledged she had used it for work-related emails as Secretary of State. She admitted to having deleted about 31,000 emails she described as personal. Media reports last fall, however, indicated that the FBI was able to recover the personal emails, and was reviewing them, as well as the 30,000 others she had described as work-related.

In January, the Department of State announced that, of the 30,000 work-related emails, at least 1,340 contained classified material. The Department retroactively classified 22 of those TOP SECRET and prevented their release. Among the 22 were some that, according to media reports, included information on highly sensitive Special Access Programs (SAP).

The White House has said it will do nothing to impede the FBI investigation and possible filing of charges against Clinton, if the facts should warrant that kind of action. Inasmuch as the outcome of the investigation is bound to have major political consequences, such White House assurances stretch credulity.

By all indications, the FBI is slow-walking the investigation and mainstream media are soft-pedaling the issue. As things now stand, most Americans remain unaware of the import of this industrial-scale compromise of very sensitive national security information in Secretary Clinton’s emails.

Our concern mounted in January when the Inspector General of the intelligence community wrote to the chairs of the congressional intelligence committees that he had received from one of the intelligence agencies two “sworn declarations” asserting that Secretary Clinton’s emails contained not only CONFIDENTIAL and SECRET information, but also information at the TOP SECRET/SAP level.

In 2009, you signed an Executive Order regarding SAP (Special Access Programs), so we assume you were briefed on their extremely high sensitivity and the consequent need to sharply limit the number of people allowed to be “read-in” on them. The mishandling of SAP information can neutralize intelligence programs costing billions of dollars, wreck liaison relationships assiduously cultivated for decades, and get a lot of people killed.
‘It Wasn’t That Bad’:

All those directly or peripherally involved in the investigation of the Clinton email issue know very well that it could have a direct impact on who is likely to become the next President of the United States, and they will be making decisions with that reality in mind. They know that it is with you that “the buck stops,” and they are sensitive to signs of your preferences. Those were not difficult to discern in your commencement address at Howard University on May 7, in which you strongly advocated the same basic policy approaches as those espoused by one Democratic presidential candidate – Hillary Clinton.

Your White House has also made excuses for deliberate security violations by Secretary Clinton that would have gotten senior officials like us fired and probably indicted. We look with suspicion at what we see as contrasting and totally inappropriate attempts by the administration and media to play down the importance of Secretary Clinton’s deliberate disregard of basic security instructions and procedures.

It appears that the option chosen by the White House is using the declared need for “thoroughness” to soft-pedal and delay completion of the investigation for several more months, while the corporate media sleeps on. Four months have already gone by since the smoking-gun-type revelations in the intelligence community Inspector General’s letter to Congress, and it has been well over a year since Secretary Clinton first acknowledged using an insecure email server for official business.

Another claim emanating from your White House is that Clinton was careless in managing her emails and has admitted as much, but that she has not damaged American national security. She has called it a “mistake,” but security officials of the National Security Agency explicitly forewarned her against violating basic laws and regulations designed to prevent the compromise of classified information.

NSA, FBI Have Enough Evidence:

Surely, enough time has passed, and enough material has been reviewed, to permit a preliminary damage assessment. The NSA has the necessary information and should, by now, have shared that information with the FBI. Secretary Clinton’s server in her house in Chappaqua, New York, was not a secured device. Her email address incorporated her initials, “hdr” (apparently for her maiden name, Hillary Diane Rodham). It also included the “clinton” server identity, so it was easy for a hacker to spot.

Anyone with the proper equipment, knowledge and motivation might have been able to obtain access. That is what hackers are able to do, with considerable success, against government servers that are far better protected than the private email server located in her New York State home.
In fact, there have been reports that Secretary Clinton’s emails were, indeed, hacked successfully by foreigners. The Romanian hacker who goes by the name Guccifer claimed earlier this month that he had repeatedly hacked her email server. He described the server as “like an open orchid on the Internet” and that “it was easy … easy for me, for everybody.” Guccifer has been extradited from Romania and is now in jail in Alexandria, Virginia, where the FBI is said to be questioning him on the emails.

There have also been credible claims that Russian intelligence and other foreign services were able to hack the Secretary’s server.

Another argument being surfaced, in a transparent attempt to defend Secretary Clinton, has to do with intent. It is said that she did not intend to have classified information on her computer in New York and had no intention of handling secret material in a way that would be accessible to foreign intelligence or others lacking the proper security clearances and the need-to-know.
But while intent might be relevant in terms of punishment, it does not change the fact that as a member of the Senate Armed Services Committee, then Senator Clinton had clearances for classified information for years before becoming Secretary of State. She knew the rules and yet as Secretary she handled classified information carelessly after a deliberate decision to circumvent normal procedures for its safeguarding, thus making it vulnerable to foreign intelligence, as well as to criminal hackers.

Anyone who has ever handled classified material knows that there are a number of things that you do not do. You do not take it home with you, you do not copy it and share it with anyone who does not have a clearance and a need-to-know, you do not strip off the classification marks and treat it as unclassified, and you do not transfer it to another email account that is not protected by a government server.

If you have a secured government computer operating off of a secure server that means that what is on the computer stays on the computer. This is not a matter of debate or subject to interpretation. It is how one safeguards classified information, even if one believes that the material should not be classified, which is another argument that has been made in Clinton’s defense.

Whether or not the classification is unnecessary is not your decision to make.
Apart from the guidelines for proper handling of classified information, outlined in Executive Order 13526 and 18 U.S.C Sec. 793(f) of the federal code, there is some evidence of a cover-up regarding what was compromised. This itself would be a violation of the 2009 Federal Records Act and the Freedom of Information Act.

Numerous messages both in New York and in Washington have reportedly been erased or simply cannot be found. In addition, the law cited above explicitly makes it a felony to cut and paste classified information removing its classification designation. Retaining such information on a private email system is also a felony. In one of Secretary Clinton’s emails, she instructed her staff simply to remove a classification and send the information to her on her server.

So the question is not whether Secretary Clinton broke the law. She did. If the laws are to be equally applied, she should face the same kind of consequences as others who have been found, often on the basis of much less convincing evidence, guilty of similar behavior.
Some More Equal Than Others.

Secretary Clinton’ case invites comparison with what happened to former CIA case officer Jeffrey Sterling, now serving a three-and-a-half-year prison term for allegedly leaking information to New York Times journalist James Risen. Sterling first came to the media’s attention when in 2003 he blew the whistle on a botched CIA operation called Operation Merlin, telling the Senate Intelligence Committee staff that the operation had ended up revealing nuclear secrets to Iran.

When in 2006 James Risen published a book that discussed, inter alia, this amateurish cowboy operation, the Department of Justice focused on Sterling as the suspected source.
In court, the federal prosecutors relied almost entirely on Risen’s phone and email logs, which reportedly demonstrated that the two men had been in contact up until 2005. But the prosecutors did not provide the content of those communications even though the FBI was listening in on some of them. Risen has claimed that he had multiple sources on Operation Merlin, and Sterling has always denied being involved.

Jeffrey Sterling was not permitted to testify in the trial on his own behalf because he would have had to discuss Operation Merlin, which was and is still classified. He could not mention any details about it even if they were already publicly known through the Risen book. No evidence was ever produced in court demonstrating that any classified information ever passed between the two men, but Sterling, an African American, was nevertheless convicted by an all-white jury in Virginia based on “suspicion” and the presumption that “it had to be him.”

The contrast between the copious evidence – some of it self-admitted – of Secretary Clinton’s demonstrable infractions, on the one hand, and the very sketchy, circumstantial evidence used to convict and imprison Jeffrey Sterling, on the other, lend weight to the suspicion that there is one law for the rich and powerful in the United States and another for the rest of us.

Failing to take steps against a politically powerful presidential candidate and letting her off unscathed for crimes of her own making, while an institutionally unprotected Jeffrey Sterling sits in prison would be a travesty of justice not dissimilar to the gentle wrist-slap given Gen. David Petraeus for giving his mistress extremely sensitive information and then lying to the FBI about it.
Your order to then-Attorney General Eric Holder to let Gen. David Petraeus off easy created a noxious – and demoralizing – precedent in the national security community indicating that, whatever the pains taken at lower levels to prevent compromise of duly classified information, top officials are almost never held accountable for disregarding well-established rules. These are some of the reasons we are so concerned that this is precisely the direction in which you seem to be leaning on the Clinton email issue.

In our view, the sole legitimate reason for disclosing classified information springs from the only “oath” we all took – “to support and defend the Constitution of the United States against all enemies foreign and domestic.” When, for example, Edward Snowden saw the U.S. government grossly violating our Fourth Amendment right to be “secure” against warrantless “searches and seizures,” he gave more weight to that oath (ethicists call it a supervening value) than to the promise he had made not to disclose information that could harm U.S. national security.
Possibly Still Worse Ahead.

You might give some thought, Mr. President, to a potentially messy side of this. What is already known about NSA’s collect-it-all electronic practices over the past several years strongly suggests that NSA, and perhaps the FBI, already know chapter and verse. It is virtually certain they know what was in Secretary Clinton’s emails – including the ones she thought she had deleted. It is likely that they have also been able to determine which foreign intelligence agencies and other hackers were able to access the emails.

One ignores this at one’s peril. Secretary Clinton’s security violations can have impact not only on whether she becomes your successor, but also on whether she would, in that case, be beholden to those who know what lies hidden from the rest of us – perhaps even from you.
Intelligence professionals (in contrast to the occasional political functionary) take the compromise of classified information with utmost seriousness.

More important: this is for us a quintessentially nonpartisan issue. It has to do, first and foremost, with the national security of the United States.

We are all too familiar with what harm can come from blithe disregard of basic procedures designed to protect sensitive intelligence and other national security information. Yes, the lamentable unevenness in how such infractions are handled is also an important issue – but that is not our main focus in the present context.

The Truth Will Out!

Not all workers at the NSA or the FBI are likely to keep their heads in the sand, as they watch very senior officials and politicians with their own agendas disregard laws to safeguard the nation’s security. We know what it is like to do the difficult, disciplined work of protecting information from being compromised by strictly abiding by what often seem to be cumbersome rules and regulations. We’ve been there; done that.

If you encourage the Department of Justice and the FBI to continue slow-walking the investigation, there is a good chance the truth will come out anyway. As you are aware, the Justice Department, the FBI, and NSA have all yielded recent patriots who, in such circumstances, decided that whistleblowing – rather than silence – was the only way to honor the oath we all swore – to support and defend the Constitution.

To sum up our concern regarding how all this plays out, if you order the Justice Department and FBI to pursue the investigation with “all deliberate speed,” so to speak, and Secretary Clinton becomes president, the juicy email secrets in the hidden hands of the NSA and FBI are likely to give those already powerful institutions a capacity for blackmail that would make J. Edgar Hoover’s mouth water. In addition, information hacked by foreign intelligence services or Guccifer-like hackers can also provide useful grist for leverage or blackmail.

Taking Care the Laws Are Faithfully Executed!

We strongly urge you to order Attorney General Loretta Lynch to instruct FBI Director James Comey to wind up a preliminary investigation and tell the country now what they have learned. By now they – and U.S. intelligence agencies – have had enough time to do an early assessment of what classified data, programs and people have been compromised. Realistically speaking, a lengthier, comprehensive post-mortem-type evaluation – however interesting it might be, might never see the light of day under a new president.

We believe the American people are entitled to prompt and full disclosure, and respectfully suggest that you ensure that enforcement of laws protecting our national security does not play stepchild to political considerations on this key issue.

On April 10, you assured Chris Wallace, “I guarantee that there is no political influence in any investigation conducted by the Justice Department, or the FBI – not just in this [Clinton email] case, but in any case. Full stop. Period.”

We urge you to abide by that promise, and let the chips fall where they may. Full stop. Period.
For the Steering Group, Veteran Intelligence Professionals for Sanity (VIPS):

William Binney, Technical Director, NSA; co-founder, SIGINT Automation Research Center (ret.)
Thomas Drake, Senior Executive, NSA (former)
Philip Giraldi, CIA, Operations Officer (ret.)
Sen. Mike Gravel, D, Alaska; earlier, Army Intelligence
Matthew Hoh, former Capt., USMC, Iraq & Foreign Service Officer, Afghanistan (associate VIPS)
Larry C. Johnson, CIA & State Department (ret.)
Michael S. Kearns, Captain, USAF Intelligence Agency (ret.), ex-Master SERE Instructor
John Kiriakou, Former CIA Counterterrorism Officer
Ray McGovern, former US Army infantry/intelligence officer & CIA analyst (ret.)
Elizabeth Murray, Deputy National Intelligence Officer for Middle East, CIA (ret.)
Todd Pierce, MAJ, US Army Judge Advocate (ret.)
Scott Ritter, former MAJ, USMC, former UN Weapon Inspector, Iraq
Diane Roark, DOE, DOD, NSC, & professional staff, House Intelligence Committee (ret.)
Robert David Steele, former CIA Operations Officer
Peter Van Buren, U.S. Department of State, Foreign Service Officer (ret.) (associate VIPS) 1.Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA, (ret.)
Ann Wright, U.S. Army Reserve Colonel (ret) and former U.S. Diplomat

http://www.freerepublic.com/focus/f-bloggers/3433344/posts


9 posted on 05/28/2016 8:19:32 AM PDT by Grampa Dave (http://www.realclearpolitics.com/epolls/2016/president/republican_delegate_count.htmls)
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To: McGruff; Helicondelta

10 posted on 05/28/2016 8:19:51 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: McGruff

There’s much much much more to it than merely those five points.

For example, this Jonathan Cooper thing... an uncleared person having full physical access to the server that contained her email is a massive breach of security - there’s one. This is compounded by the hosting at Platte and their lack of clearance and lack of security.

Then there’s the smoking gun with the email ordering her staff to remove classified markings from a document and send it unsecure, that’s two.

On point 5, it’s not just that she didn’t turn over all the emails - it’s that she perjured herself in claiming she did.

I could list more but I’m just making the point that those five points are probably the least of her crimes in this particular matter. It’s weird that the RNC would omit the greater of her crimes in this list.


11 posted on 05/28/2016 8:20:47 AM PDT by thoughtomator
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To: Fhios

Kendell, Clinton’s lawyer should be arrested and indicted for knowingly accepting classified information and mishandling it.

******************************************

Kendall had a security clearance because he had been Petraeus’s lawyer so he can’t claim ignorance - he knew what he was doing & that it was illegal.

Also, did you see this? Yes, it’s Dick Morris, but he got the info from a footnote in the report released Wednesday by the State Department’s Office of Inspector General on the former first lady’s email use. Evidently, Cooper was the one who was physically shutting down the server due to hacking attempts, too.

“A personal aide to former President Bill Clinton with no security clearance maintained Hillary Clinton’s private email account and server — greatly jeopardizing national security, political strategist Dick Morris told Newsmax TV on Thursday.

The aide, Justin Cooper, served the Clinton Foundation while working for a private consulting firm, Teneo Holdings and Decision Sciences Corp., that served foreign dictators, Morris told “The Steve Malzberg Show” in an interview.

“He has no security clearance — and he had access to every single email either sent by or received by the secretary of state of the United States for four years,” Morris said. “All of it, every one of them.”

http://www.newsmax.com/Newsmax-Tv/hillary-clinton-email-server/2016/05/26/id/731011/


12 posted on 05/28/2016 8:20:56 AM PDT by Qiviut (In Islam you have to die for Allah. The God I worship died for me. [Franklin Graham])
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To: GOPJ
Clinton BROKE LAWS... not just ‘rules’...

Precisely what I just popped in to say. Laws, in fact, that many, many others have gone to jail for breaking.

Does the law apply to Hillary Clinton? If not, can we afford to have a President to whom no laws apply? Is that not a complete negation of the whole purpose of the American founding and political system?

13 posted on 05/28/2016 8:22:01 AM PDT by Paine in the Neck ( Socialism consumes EVERYTHING!)
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To: McGruff

18 U.S. Code § 793 - Gathering, transmitting or losing defense information

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, 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.


14 posted on 05/28/2016 8:23:16 AM PDT by Fresh Wind (Hey now baby, get into my big black car, I just want to show you what my politics are.)
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To: McGruff

Clinton did what she jolly well pleased, damn any “controlling legal authority.”

She makes for superficial attraction, at least, to those who want encouragement to do what THEY jolly well please, damn any “controlling legal authority.”

The problem is that sooner or later this process becomes Pyrrhic. The traitor to the very goodness of God that was slavishly idolized will, sooner or later, feed the idolators to the dogs. Because “me me me me me first” can only be shared for a limited time; by nature it does not want to share and will ultimately shake off those who might have been benefiting.


15 posted on 05/28/2016 8:23:39 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Paine in the Neck

And she was just plain immoral.


16 posted on 05/28/2016 8:24:33 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: McGruff

Breaking rules is not the same as committing crimes. Much as I want her royal bitchiness to fail, if it’s not criminal, she skates.


17 posted on 05/28/2016 8:31:53 AM PDT by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: Travis McGee

Game! Set! Match! Nothing else needs to be said. Obama and Lynch should be investigated immediately for failure to uphold their oath pf office.


18 posted on 05/28/2016 8:36:38 AM PDT by DrDude (Does anyone have a set of balls anymore?)
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To: Travis McGee

bump


19 posted on 05/28/2016 8:38:59 AM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: McGruff

Her personal privacy and convenience override national security and the plain law.

Yes or no, Mr. Pres__ent?


20 posted on 05/28/2016 8:44:17 AM PDT by Buttons12 ( It Can't Happen Here -- Sinclair Lewis.)
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