So we've now gone from "it was allowed under the rules" to

[leveymg]

90. Not according to the joint statement of the DOS and Intel Commun. IGs

https://oig.state.gov/system/files/statement_of_the_icig_and_oig_regarding_review_of_clintons_emails_july_24_2015.pdf.

July 24, 2015
Statement from the Inspectors General of the Intelligence Community and the
Department of State Regarding the Review of Former Secretary Clinton's Emails

Yesterday the Office ofthe Inspector General ofthe Intelligence Community (IC IG} sent a
congressional notification to intelligence oversight committees updating them of the IC IG
support to the State Department IG (attached).

The IC IG found four emails containing classified IC-derived information in a limited sample of
40 emails of the 30,000 emails provided by former Secretary Clinton. The four emails, which
have not been released through the State FOIA process, did not contain classification markings
and/or dissemination controls. These emails were not retroactively classified by the State
Department; rather these emails contained classified information when they were generated
and, according to IC classification officials, that information remains classified today. This
classified information should never have been transmitted via an unclassified personal system.

and

The Spy Satellite Secrets in Hillary’s Emails
http://www.thedailybeast.com/articles/2015/08/12/the-spy-satellite-secrets-in-hillary-s-emails.html

These weren’t just ordinary secrets found in Clinton’s private server, but some of the most classified material the U.S. government has.

After months of denials and delaying actions, Hillary Clinton has decided to turn over her private email server to the Department of Justice. As this controversy has grown since the spring, Clinton and her campaign operatives have repeatedly denied that she had placed classified information in her personal email while serving as secretary of state during President Obama’s first term. (“I am confident that I never sent nor received any information that was classified at the time it was sent and received,” she said last month.) Her team also denied that she would ever hand over her server to investigators. Now both those assertions have been overturned.

Hillary Clinton has little choice but to hand over her server to authorities since it now appears increasingly likely that someone on her staff violated federal laws regarding the handling of classified materials. On August 11, after extensive investigation, the intelligence community’s inspector general reported to Congress that it had found several violations of security policy in Clinton’s personal emails.

Most seriously, the inspector general assessed that Clinton’s emails included information that was highly classified—yet mislabeled as unclassified. Worse, the information in question should have been classified up to the level of “TOP SECRET//SI//TK//NOFORN,” according to the inspector general’s report.

TOP SECRET, as the name implies, is the highest official classification level in the U.S. government, defined as information whose unauthorized release “could cause exceptionally grave damage to national security or foreign relations.”

and,

CNN and Reuters: Inspectors General concluded Clinton emails presumed classified

The origin of the "presumed classified" determination applied to many of Hillary Clinton's emails are the Inspectors General of the Intelligence Community and the State Department, as reported by CNN. That assessment is shared by the former Director of the Government's Information Security Oversight Office (ISOO), as reported by Reuters.

CNN: 7/24/2015

http://www.cnn.com/2015/07/24/politics/hillary-clinton-email-justice-department/
Official: Clinton emails included classified information

Washington (CNN)The inspector general for the intelligence community has informed members of Congress that some material Hillary Clinton emailed from her private server contained classified information, but it was not identified that way. Because it was not identified, it is unclear whether Clinton realized she was potentially compromising classified information.

The IG reviewed a "limited sampling" of her emails and among those 40 reviewed found that "four contained classified information," wrote the IG Charles McCullough in a letter to Congress. McCullough noted that "none of the emails we reviewed had classification or dissemination markings" but that some "should have been handled as classified, appropriately marked, and transmitted via a secure network."

The four emails in question "were classified when they were sent and are classified now," spokeswoman Andrea Williams told CNN.

McCullough said that State Department Freedom of Information Act officials told the intelligence community IG that "there are potentially hundreds of classified emails within the approximately 30,000 provided by former Secretary Clinton."

CNN 8/17/15

http://www.cnn.com/2015/08/17/politics/hillary-clinton-server-referred-for-further-review/
Washington (CNN)Intelligence officials assigned to review emails from Hillary Clinton's server for classified information have so far recommended that 305 documents be referred to agencies for further consultation, according to a report filed with a federal judge Monday.

In court papers filed with U.S. District Court Judge Rudolph Contreras, the State Department updated its progress. It said that as of last Friday, Intelligence Community reviewers had completed a preliminary screening and determined that "out of a sample of approximately 20% of the Clinton emails," the reviewers have "recommended 305 documents -- approximately 5.1% -- for referral to their agencies for consultation."
. . .

inspectors general for the State Department and for the Intelligence Community raised concerns about the content of the emails, the State Department added intelligence staff to assist in the process.

Reuters 8/24/15

http://www.reuters.com/article/2015/08/21/us-usa-election-clinton-emails-idUSKCN0QQ0BW20150821
Exclusive: Dozens of Clinton emails were classified from the start, U.S. rules suggest

In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own "Classified" stamps now identify as so-called 'foreign government information.' The U.S. government defines this as any information, written or spoken, provided in confidence to U.S. officials by their foreign counterparts.

This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be "presumed" classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters.

"It's born classified," said J. William Leonard, a former director of the U.S. government's Information Security Oversight Office (ISOO). Leonard was director of ISOO, part of the White House's National Archives and Records Administration, from 2002 until 2008, and worked for both the Bill Clinton and George W. Bush administrations.

"If a foreign minister just told the secretary of state something in confidence, by U.S. rules that is classified at the moment it's in U.S. channels and U.S. possession," he said in a telephone interview, adding that for the State Department to say otherwise was "blowing smoke."