I have two questions about the email controversy

[leveymg]

56. Answer: she violated her security agreement that says classified is "marked or unmarked" classified

There are really only two things you have to read to understand what laws Hillary broke and why the excuses being offered by her lawyers and campaign are utter bullshit. One is the standard Classified Information Nondisclose Agreement she signed the day she took office. The other is the federal felony statute that is most frequently cited in that document as the penalty for mishandling classified information, 18 USC Sec. 793, most particularly subsections (e) and (f).

Hillary Clinton's use of a private, uncertified server for official business and to transmit and store classified information was never approved. In fact, the NSA warned her that her Blackberry was unsecure and she shouldn't use it. When that Agency refused to clone a half dozen duplicates of Obama's secure smart phone for her to email her staff, her reaction was to set up and use her own private email server for all private and official business. Defiance isn't the word for this. It was a willful and criminal violation of her security oath.

Her violation of both her signed classified information agreement and federal felony law is clear if you actually read her security agreement and the statute, below:

Here is Hillary's Security Oath and the statute it references, 18 USC Sec. 793. Go ahead and read it.

1) Hillary signed this document on 01/22/09:

?w=500&h=262

UNCLASSIFIED U.S. Department of State Case No. F-2015-05069 Doc No. C05833708 Date: 11/05/2015
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement, classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) 1'9SJ) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50,
United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, wiII result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classlfled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.

Sec 793 (e) and (f) linked here: http://www.democraticunderground.com/1251552653

Here's some of the language of the statute that was violated. She did it despite and in spite of being told by ranking NSA security officers not to use her Blackberry in the very first days of her tenure as Secretary of State. When the NSA refused to clone a half dozen of the President's secure phones for herself and her staff, she literally did a runaround. Literally, within days, and without authorization or she had linked her unsecure Blackberry with an uncertified private email system, and continued to use both devices exclusively for all official business until she left office four years later. By then, her server held at least 1,100 classified messages, 104 from her, and 22 that were Top Secret/SAP. Then she refused to turn over these classified materials, again in violation of her security oath, and proceeded to wipe half the messages on the harddrive.

Here's how she specifically violated 793 (f)(2). Note that both (e) and (f) do not require a showing of specific intent to harm the national security or actual harm. Just mishandling of classified materials or failure to report that of others is enough to be convicted of a felony with a potential sentence of 10 years in federal prison.

When in 2011 Secretary Clinton received a series of emails containing obviously classified information from Sid Blumenthal, her response was "keep 'em coming." This classified information turned out to have originated with the NSA, and had been taken off a classified system just hours earlier. If one reads her Classified Information Agreement, posted above, it makes repeated reference to Sec 793 of Title 18 US Code. That's a felony statute for violation of the oath. Keep her response to Blumenthal in mind -- and the fact that she didn't report the breach, and expressly encouraged more of the same -- as you read subsection (f)(2) of that section,

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

(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.


https://www.law.cornell.edu/uscode/text/18/793#e

How do we know that she's liable to found culpable for violating her nondisclose agreement and Sec 793 (e) and/or (f)? Because US Attorney General Loretta Lynch was recently asked about this by prominent Washington journalist, Al Hunt. Her answers point to the same basis for investigation and potential prosecution. Here is their dialogue:

Al Hunt Show on Hulu - http://www.hulu.com/watch/936368 15:00 minute mark

Lynch: It has to be treated like any other case, people have to have confidence...

We owe it to them to do a full thorough and independent review of everything that comes to our attention

Hunt: In trying to get her to say what the standard would be, intent, or gross negligence, etc..... She replied

Lynch: Well yeah, I think that what's been reported, is that we received an inquiry into the handling of classified information particularly by people who are no longer in government as to whether or not it had been improperly handled or properly handled,and that is a security review that we get in a number of situations, and that was the genesis of this matter. And so beyond that I can't comment on the specifics of it.. except to say that we do look at the issues presented, but as I said before we look at them thoroughly.