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originally posted by: butcherguy
a reply to: Indigo5
No.
I was voicing my opinion that she is not blameless.
That if the way she has mishandled her official business is what people want to support... well good for them.
And who here has claimed she is??
Just out of curiosity...Who in DC has not "mishandled" their "official business" by the standard you are employing?
Yes, Hillary Clinton broke the law
On April 23, Petraeus pled guilty to a single misdemeanor charge of unauthorized removal and retention of classified documents or materials under 18 USC §1924.
According to the law, there are five elements that must be met for a violation of the statute, and they can all be found in section (a) of the statute:
(1) Whoever, being an officer, employee, contractor, or consultant of the United States, and,
(2) by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States,
(3) knowingly removes such documents or materials
(4) without authority and
(5) with the intent to retain such documents or materials at an unauthorized location [shall be guilty of this offense].”
The Petraeus case meets those conditions. Does Clinton’s?
Clinton originally denied that any of her emails contained classified information, but soon abandoned that claim. So far, 150 emails containing classified information have been identified on her server, including two that included information determined to be Top Secret.
She then fell back on the claim that none of the emails in question was “marked classified” at the time she was dealing with them. The marking is not what makes the material classified; it’s the nature of the information itself.
As secretary of state, Clinton knew this, and in fact she would have been re-briefed annually on this point as a condition of maintaining her clearance to access classified information.
Then there’s location. Clinton knowingly set up her email system to route 100 percent of her emails to and through her unsecured server (including keeping copies stored on the server). She knowingly removed such documents and materials from authorized locations (her authorized devices and secure government networks) to an unauthorized location (her server).
Two examples demonstrate this point.
When Clinton would draft an email based on classified information, she was drafting that email on an authorized Blackberry, iPad or computer. But when she hit “send,” that email was knowingly routed to her unsecured server — an unauthorized location — for both storage and transfer.
Additionally, when Clinton moved the server to Platte River Networks (a private company) in June 2013, and then again when she transferred the contents of the server to her private lawyers in 2014, the classified materials were in each instance again removed to another unsecured location.
Next we have the lack of proper authority to move or hold classified information somewhere, i.e., the “unauthorized location.”
While it’s possible for a private residence to be an “authorized” location, and it’s also possible for non-government servers and networks to be “authorized” to house and transfer classified materials, there are specific and stringent requirements to achieve such status. Simply being secretary of state didn’t allow Clinton to authorize herself to deviate from the requirements of retaining and transmitting classified documents, materials and information.
There is no known evidence that her arrangement to use the private email server in her home was undertaken with proper authority.
Finally, there’s the intent to “retain” the classified documents or materials at an unauthorized location.
The very purpose of Clinton’s server was to intentionally retain documents and materials — all emails and attachments — on the server in her house, including classified materials.
The intent required is only to undertake the action, i.e., to retain the classified documents and materials in the unauthorized fashion addressed in this statute. That’s it.
It borders on inconceivable that Clinton didn’t know that the emails she received, and more obviously, the emails that she created, stored and sent with the server, would contain classified information.
Simply put, Mrs. Clinton is already in just as bad — or worse — of a legal situation than Petraeus faced.
Does this mean she’ll be charged? FBI Director James Comey has a long history of ignoring political pressure. So it’s likely that the FBI will recommend prosecution, and then it will be up to President Obama’s Justice Department to decide whether to proceed. Stay tuned.
Hillary Supporters All Have Suspiciously Identical Feelings About Meet the Press Interview
In a massive coincidence, every single Hillary Clinton staffer and surrogate who watched the Democratic presidential candidate’s Meet the Press interview had the exact same thoughts, sometimes using identical language.
Karen Finney ✔@finneyk
Questions on @HillaryClinton's emails on this morning's #MTP? Asked and answered. Time to move on.
11:16 AM - 27 Sep 2015
Brad Woodhouse @woodhouseb
Questions on @HillaryClinton's emails on this morning's #MTP? Asked and answered. Time to move on.
11:35 AM - 27 Sep 2015
Jennifer Granholm ✔@JenGranholm
Cannot wait to see @HillaryClinton on @meetthepress this a.m.! Sounds like she answered every email question ever. Now, time to move on!
10:18 AM - 27 Sep 2015
Hilary Rosen ✔@hilaryr
Questions on @HillaryClinton's emails on yesterday's #MTP? Asked and answered. Time to move on.Please.
6:56 AM - 28 Sep 2015
Buffy Wicks @BuffyWicks
.@HillaryClinton responds to questions about emails on #MTP. Good answers, time to move on to substance please.
11:20 AM - 27 Sep 2015
Now at first, it may appear that these responses were all coordinated in some fashion. However, it would be against the law for campaign officials to coordinate with a pro-Clinton Super PAC director like Brad Woodhouse. So clearly it’s a coincidence that his tweet was identical to Clinton staffer Karen Finney’s.
originally posted by: neo96
Curious?
Now if the congressional investigation panel never had access to Clintons server how can they say without equivocation there was 'no' wrong doing.
And Why did they blame Benghazi over a video ?
Because Clinton, and her boss were up to it there.
I think what has been going on has been about CLinton covering her duplicity, and well as the presidents.
In 2012, congressional investigators asked the State Department for a wide range of documents related to the attack on the United States diplomatic compound in Benghazi, Libya. The department eventually responded, furnishing House committees with thousands of documents. But it turns out that that was not everything. The State Department had not searched the email account of former Secretary of State Hillary Rodham Clinton because she had maintained a private account, which shielded it from such searches, department officials acknowledged on Tuesday.
It was only last month that the House committee appointed to investigate Benghazi was provided with about 300 of Mrs. Clinton’s emails related to the attacks. That was shortly after Mrs. Clinton turned over, at the State Department’s request, some 50,000 pages of
government-related emails that she had kept on her private account. It was one of several instances in which records requests sent to the State Department, which had no access to Mrs. Clinton’s emails, came up empty.
www.nytimes.com... s&module=RelatedCoverage®ion=Marginalia&pgtype=article
originally posted by: carewemust
October 5, 2016
More evidence that the Obama Administration is willing to ignore enforcing U.S. laws and procedures, if it will damage Hillary Clinton. A U.S. arms dealer who threatened to expose Hillary Clinton's Libya-arms dealings, had all charges against him suddenly dropped today by the Department of noJustice.
Story: www.foxnews.com...
originally posted by: carewemust
October 5, 2016
More evidence that the Obama Administration is willing to ignore enforcing U.S. laws and procedures, if it will damage Hillary Clinton. A U.S. arms dealer who threatened to expose Hillary Clinton's Libya-arms dealings, had all charges against him suddenly dropped today by the Department of noJustice.
Story: www.foxnews.com...
originally posted by: Indigo5
a reply to: IAMTAT
That logic fails in that no one has demonstrated that Hillary stored materials or emails on her server that were classified (by state...since they are responsible for their own classification of material) at the time they were communicated.
If the hunt turns up material that was classified at the time they were communicated, the question is then asked...who did the sending and who did the receiving.
Lastly that law pertains to "removing material" ... email subject content is not "removal"
Petraeus literally, physically, handed over classified material to a woman he was having an affair with..
...The above has to do with "thinking", not "feeling"...that said, I expect the continued emotional flaming for someone daring to engage thought and analysis rather than hyperbolic emotion.
originally posted by: NoCorruptionAllowed
originally posted by: Indigo5
a reply to: IAMTAT
That logic fails in that no one has demonstrated that Hillary stored materials or emails on her server that were classified (by state...since they are responsible for their own classification of material) at the time they were communicated.
If the hunt turns up material that was classified at the time they were communicated, the question is then asked...who did the sending and who did the receiving.
Lastly that law pertains to "removing material" ... email subject content is not "removal"
Petraeus literally, physically, handed over classified material to a woman he was having an affair with..
...The above has to do with "thinking", not "feeling"...that said, I expect the continued emotional flaming for someone daring to engage thought and analysis rather than hyperbolic emotion.
So two choices here:
1: The above posted statute that member IMATAT posted (the current law) defines exactly and to a T that Clinton's actions are proof of intent to violate the law.
2: Go with your version of things just to defend Clinton.
Nope, I have to go with Number 1..
Lastly that law pertains to "removing material" ... email subject content is not "removal"
originally posted by: butcherguy
a reply to: Indigo5
Lastly that law pertains to "removing material" ... email subject content is not "removal"
What if the subject matter is SCIF?
Some of Hillary's emails contained SCIF material.
That stuff isn't supposed to be out there floating around on the Internet.