FBI Publishes Clinton Email Investigation Documents; More Bad News On Documents Mishandling, FOIA Compliance

from the nothing-in-here-says-I-should-be-trusted-with-MORE-classified-info dept

The FBI generally likes to keep as much information as possible out of the public's hands, so its decision to release its files on the Hillary Clinton email investigation are probably best viewed as a one-off, rather than the leading edge of a new era of transparency.

The agency certainly couldn't pretend there isn't significant public interest in the content of the investigative files. The outcome of a presidential election could very well hinge on the voting public's interpretation of the documents' content.

And the FBI certainly has an interest in clearing the air of any hints of politically-motivated favoritism. That the investigation occurred at all does some damage to Clinton's credibility, while the decision not to pursue prosecution doesn't do much for the FBI's.

A closer look at the investigative documents simply gives more credence to the FBI's assertion that it found evidence of stupidity, but not criminal intent. At worst, the private email server allowed Hillary Clinton to better avoid FOIA requests (an effect now nullified by the State Department's ongoing release of nearly every email it's been able to recover) -- something that's a civil violation, rather than a criminal one. From the Washington Post's Matt Zapotosky and Rosalind Helderman's dive into the FBI's docs: [PDF vol. 1, PDF vol. 2]

Clinton told the FBI that she used the private server for convenience, not to evade public record laws. But the documents show that former secretary of state Colin Powell appeared to advise her early in her term that private email could give her more control over her communications in the face of public inquiries.

In January 2009, according to the FBI, Clinton contacted Powell, who also used a personal email account during his time in office, to ask about his use of a BlackBerry. According to the FBI, Powell “warned Clinton that if it became ‘public’ that Clinton had a BlackBerry, and she used it to ‘do business,’ her e-mails could become ‘official record[s] and subject to the law.’”

“Be very careful,” Powell advised Clinton, according to the FBI. “I got around it all by not saying much and not using systems that captured the data.”

Clinton's defense of her private email server was that she was using it for convenience and figured any public records requirements were being met by third-party recipients using official government email accounts. Supposedly, this indicates she wasn't trying to duck FOIA requests. However, this explanation doesn't really mesh with her decision to give staffers email addresses on her private server. Once that happened, there were no third parties preserving records. It was all left up to Clinton. Plenty of efforts were made -- deletion, destruction of devices, etc. -- to purge emails that possibly should have been preserved as public records.

The only criminal issue would have been the mishandling of sensitive information, something Clinton did regularly. But the FBI found no evidence of maliciousness. Just a surprising amount of stupidity from someone who should have known better.

Clinton told FBI agents that she did not know much about how the government classified information. For instance, she said she did not pay attention to the difference between levels of classification, like “top secret” and “secret,” indicating she took “all classified information seriously.” When shown an email she received in which a paragraph had been marked with a “C,” a standard way of indicating it included “confidential” information, Clinton at first speculated to agents that the marking was indicating that email contained bullet points in alphabetical order.

Clinton may have pled ignorance when questioned by the FBI, but these statements directly contradict assertions she made to reporters on Monday:

“I went into the State Department understanding classification. I’ve been on the Senate Armed Services Committee for years before I was Secretary of State. I take classification seriously. The fact I couldn’t remember certain meetings, whether or not they had occurred, doesn’t in any way affect the treatment I had and still have of classified material.”

Clinton says she "understands" classification -- certainly a much different self-assessment than she presented to FBI interviewers. She then says nothing "affects the treatment" of sensitive material. She always handled it "seriously." I certainly hope that word isn't meant to define actions like these:

The FBI’s report traced the history of Clinton’s private server use, detailing ad hoc efforts to backup data and respond to requests for records. In one instance, after Clinton left office, someone created a personal Gmail account to move an archive of Clinton’s email on a laptop to a server run by Platte River Networks, a company Clinton had hired. The person then attempted to ship the laptop back to another person connected to Clinton.

According the FBI report, the laptop, which had not been wiped, got lost in transit. And the FBI would come to find on the Gmail account dozens of classified emails.

While Hillary Clinton may not be directly responsible for a laptop full of email (some of them sensitive) being lost in transit, it was her decision to cobble together a personal email server that led to this mishap. Additionally, while the FBI may not have found any evidence of breach by malicious entities, the private server undoubtedly made an attractive target. With Clinton in sole control of her end of official communications, any breach may have either gone unnoticed or undisclosed for far longer than a similar attack on government-owned servers. This is just another way Clinton sacrificed accountability for "simplicity" by setting up her own server.

The denials contained in the FBI report are expected. No one in a similar position is going to admit they set up a personal server to route around FOIA requests and/or more restrictive official government policies. Even if that's not criminal activity, it's still a bad look for a presidential candidate. More concerning is Clinton's blase attitude towards handling sensitive information, something she'll be seeing even more of if elected.



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Filed Under: email, foia, hillary clinton


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  • identicon
    Michael, 6 Sep 2016 @ 11:09am

    When shown an email she received in which a paragraph had been marked with a “C,” a standard way of indicating it included “confidential” information, Clinton at first speculated to agents that the marking was indicating that email contained bullet points in alphabetical order.

    Shouldn't this alone disqualify her from being a presidential candidate?

    link to this | view in chronology ]

    • icon
      Dark Helmet (profile), 6 Sep 2016 @ 11:19am

      Re:

      "Shouldn't this alone disqualify her from being a presidential candidate?"

      If being a fool disqualified someone from the Presidency, imagine how many past presidents we would need to go back and retroactively strip of their title....

      link to this | view in chronology ]

      • identicon
        AJ, 6 Sep 2016 @ 11:40am

        Re: Re:

        Agreed. But even still; We shouldn't ever let being a fool be used as a defense. Especially by our leaders.

        link to this | view in chronology ]

    • icon
      JBDragon (profile), 6 Sep 2016 @ 2:42pm

      Re:

      If this was anyone else, especially you or me, we'd be looking at jail time!!! This is just yet something else being a CLINTON gets you off scot free. Not that I expected anything different, especially with OBAMA in office. He's letting Cuba and Iran to continue doing the same things and get millions in American money!!! Flat out breaking rules, doesn't matter.

      link to this | view in chronology ]

      • identicon
        DanA, 6 Sep 2016 @ 6:52pm

        Re: Re:

        Except that the other people in her position who did the exact same thing (Powell, Rice) have not gone to jail, nor even been charged. As well the general (Petraeus) who actually leaked classified information got probation and a fine for it. While there is a legitimate argument to be made about the difference in treatment between how the plebians who leak information to whistleblow criminal acts and how the upper echelons who leak information for personal gain or mishandle it for convenience are treated, Clinton has actually got a much rougher treatment (thanks to the media attention) than most people in her position have.

        link to this | view in chronology ]

        • icon
          orbitalinsertion (profile), 7 Sep 2016 @ 2:26am

          Re: Re: Re:

          Never mind the long history of administrations or anyone else who purposely hide or delete their email and records or simply would not respond to any information requests. I would suspect this is exactly why everything was moved off to a personal server -- because occasionally some court agrees that records should be released or someone makes a big enough deal out of it that the records matter. At least briefly in the national attention span. And it's hilarious if anyone thinks Hillary is the only one, or anyone else would be different.

          link to this | view in chronology ]

  • identicon
    Me, 6 Sep 2016 @ 11:11am

    She Should be in Jail


    The only criminal issue would have been the mishandling of sensitive information, something Clinton did regularly. But the FBI found no evidence of maliciousness. Just a surprising amount of stupidity from someone who should have known better.


    Any one that deals with that type of information knows that maliciousness doesn't come into the equation when they come to take your clearance and job away.

    If it was malicious, then that is know as treason.

    link to this | view in chronology ]

    • identicon
      Jason, 6 Sep 2016 @ 11:26am

      Re: She Should be in Jail

      If it was malicious, then that is know as treason.
      I respectfully disagree. The word may be tossed around a lot these days (a lot more than it ought to be, in my opinion) but "treason" is a crime with a very specific definition, and intentionally so.

      None of that is to say that there was no potential crime here, whether malice was a factor or not. But we should be more careful than we are about using words like "treason" which only heat up the rhetoric to unhelpful levels.

      link to this | view in chronology ]

      • identicon
        Me, 6 Sep 2016 @ 11:36am

        Re: Re: She Should be in Jail

        Nope it is treason.

        "giving them aid and comfort" from your link.

        When you give out and you know you give out information that aides an enemy of the US, then it is treason.

        link to this | view in chronology ]

        • identicon
          Jason, 6 Sep 2016 @ 12:05pm

          Re: Re: Re: She Should be in Jail

          Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. US Constitution, Article III Section 3

          "Giving them aid and comfort" is subordinate to "adhering to their enemies", which carries an implied change of allegiance. It also requires that the act in question was "overt", meaning that the person had to intentionally take those actions with the intent of damaging the United States. Or, as summarized here,
          The crime of treason requires a traitorous intent. If a person unwittingly or unintentionally gives aid and comfort to an enemy of the United States during wartime, treason has not occurred. Similarly, a person who pursues a course of action that is intended to benefit the United States but mistakenly helps an enemy is not guilty of treason. Inadvertent disloyalty is never punishable as treason, no matter how much damage the United States suffers.
          Charges of treason have been filed only a few dozen times in US history (none since World War II) and only a handful have resulted in convictions... it's a very restrictively defined offense and very difficult to prove beyond a reasonable doubt. (Which, as I said, was intentional.) Many other very similar types of offense exist and are prosecuted (successfully) a lot more often.

          link to this | view in chronology ]

          • icon
            Roger Strong (profile), 6 Sep 2016 @ 12:31pm

            Re: Re: Re: Re: She Should be in Jail

            Yup. America's founding fathers made sure that the definition of treason was VERY limited. They were, after all, committing it.

            link to this | view in chronology ]

    • icon
      Roger Strong (profile), 6 Sep 2016 @ 12:27pm

      Re: She Should be in Jail

      While you're jailing Hillary, don't forget to jail previous Secretaries of State Colin Powell and Condoleezza Rice. They also used private accounts for classified emails.

      Also Bush II, Cheney, Rove and anyone else connected to the Bush White House email controversy, tens of millions of White House emails sent through private servers. Millions of them lost.

      And Jeb!, who as governor used his own server against the rules and as Florida governor to discuss security and military issues such as troop deployments to the Middle East and the protection of nuclear plants.

      You might want to at least consider 2016 candidates Scott Walker, Marco Rubio, Chris Christie, Rick Perry and Bobby Jindal, who each have their own email scandals. Mitt Romney too.

      And of course all those Congressman who claim that they "don't use email", while having their aides use their private accounts to avoid FOIA requests.

      Or...

      You could ask why it's been standard procedure for pretty much everyone to avoid government email servers.

      link to this | view in chronology ]

      • icon
        JoeCool (profile), 6 Sep 2016 @ 12:31pm

        Re: Re: She Should be in Jail

        Nah, don't bother asking - they'll just lie. Just jail them all! They wouldn't hesitate to jail all of us for lesser crimes.

        link to this | view in chronology ]

        • identicon
          AJ, 6 Sep 2016 @ 12:40pm

          Re: Re: Re: She Should be in Jail

          Agreed 100%. You don't use others breaking the law as an excuse or justification, you put them all in jail. Every last single one of them. Republican, Democrat, Independent..... all of them.

          link to this | view in chronology ]

          • icon
            Roger Strong (profile), 6 Sep 2016 @ 1:59pm

            Re: Re: Re: Re: She Should be in Jail

            Given that you're talking about jailing a large number of the very people responsible for feeding the prison-industrial complex, that's going to provoke a lot of mixed feelings.

            link to this | view in chronology ]

            • identicon
              Anonymous Coward, 6 Sep 2016 @ 2:11pm

              Re: Re: Re: Re: Re: She Should be in Jail

              just put them with the general prison population... they will get eaten alive... in the real world.

              Let the guards look the other way... they would not last long... as they are cowards and their word is no good... and that is all that really matters!

              link to this | view in chronology ]

    • icon
      JonK (profile), 10 Sep 2016 @ 9:11pm

      Re: She Should be in Jail

      "But the FBI found no evidence of maliciousness."
      Sorry, but any of us peons with clearances would be in jail, awaiting our day in court. Bail? You've got to be shitting me, we know we wouldn't be allowed out at any price.

      However the American nobility have known for a long time that laws don't apply to them. Unfortunately for the rest of us, the nobility keeps expanding, and the rest run the risk of getting their cash & debit cards arrested, because our government needs more money to support the noble causes (& expenses).

      link to this | view in chronology ]

  • icon
    JoeCool (profile), 6 Sep 2016 @ 11:32am

    WTF?!?!

    A closer look at the investigative documents simply gives more credence to the FBI's assertion that it found evidence of stupidity, but not criminal intent.


    Since WHEN has that ever mattered when breaking the law?

    "I'm sorry your Honor, but I is stupid."

    "In that case, you're free to go! Straight to prison! Psyche!"

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 Sep 2016 @ 11:47am

      Re: WTF?!?!

      Well, if it is psych, it is not called prison. However, "Lock her up!" seems to cover the spread.

      Stupidity is often a sufficient reason for at least lowering the punishment when dealing with some passivity crimes (Not doing something, that you are bound to do by law etc.).

      I would discard both of those ideas. If you stand on either of those sides you are too far into the thicked to see the light. Also, not wanting to vote for someone should never be an excuse for voting for a specific opponent...

      link to this | view in chronology ]

  • identicon
    AJ, 6 Sep 2016 @ 11:36am

    I realize intent is a big part of law, and should always be considered. I also understand that the Gov. email system was/is antiquated and slow. But if I heard on the radio correctly, she went through classified material handling training and should have known better.

    Stupidity is not a defense. She went through training, she consulted Powell, she even set up accounts for her people so they could break the law. Stupid or not, she still needs to face the music. I don't think it should stop there. If it was illegal when Powell was secretary, and he consulted to help her break the law, then I would argue that not only does he need to face the music as well, but both of them should be looking at conspiracy charges.

    link to this | view in chronology ]

  • identicon
    bob, 6 Sep 2016 @ 11:37am

    just try this yourself.

    If anyone without her connections had done something similar they would lose all access to classified information and lose their job as a minimum.

    The fact that she was only given a finger wag for stupid, irresponsible, intentional, and dangerous behavior is just more evidence of the system protecting itself.

    link to this | view in chronology ]

    • icon
      Padpaw (profile), 6 Sep 2016 @ 1:29pm

      Re: just try this yourself.

      and harming itself all the more long term. Free passes today anarchy tomorrow.

      link to this | view in chronology ]

    • icon
      JBDragon (profile), 6 Sep 2016 @ 2:45pm

      Re: just try this yourself.

      She shouldn't be president because her short term memory STINKS!!!! She doesn't seem to recall anything!!! That's not a good thing.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 Sep 2016 @ 2:47pm

      Re: just try this yourself.

      "...is just more evidence of the system protecting itself."

      And then there was the secret meeting between Lynch and (Bill) Clinton days before her interview, which we only found out about by accident.

      That was just "stupid" too I suppose.

      Disappointing, TD.

      link to this | view in chronology ]

  • identicon
    Digitari, 6 Sep 2016 @ 11:54am

    Really??

    ok I was a classified message clerk in the USMC (M.O.S. 2542)
    One of my duties in the "field" was to assure radio frequency sheets were secured, Now, by the "book" they were considered "confidential" as such show be on a classified read board with cover sheet. Most Officers in the Field would just have them in their pockets. If I found out they would get in trouble. UCMJ punishment at the least. If a frequency sheet was unaccounted for that person was subject to 6 months is jail.


    this is ONLY for radio frequencies, not even the encryption that goes along with them. No one cared what the "intent" was..

    link to this | view in chronology ]

    • identicon
      Nice X, 6 Sep 2016 @ 12:29pm

      bull crap

      Ignorance of the law does not save one from the effect of law.justice delayed is justice denied .God forgives but, law don't.
      More matter how they twist the story and foil TRUTHS before the public know that TRUTH MUST surface one.She didn't do it intentionally is the story of the gods,bull crap.she is a bloody liar.

      link to this | view in chronology ]

  • icon
    Ninja (profile), 6 Sep 2016 @ 11:58am

    So the Americans have to choose between the hell hot oven or hell hot direct fire. How do you want your civil rights? grilled or baked?

    link to this | view in chronology ]

    • icon
      Padpaw (profile), 6 Sep 2016 @ 1:34pm

      Re:

      always revolution however long that might take. Americans seem happy to be trod into the dirt these days.

      link to this | view in chronology ]

      • icon
        Wendy Cockcroft (profile), 7 Sep 2016 @ 6:07am

        Revolution

        You've actually had the revolution you crave, but the wrong people won.

        You are currently enduring the rule of a Congress beleaguered by the alt-right on one side and frustrated Progressives on the other, most of whom are in hock to corporate interests in the name of small government, rugged individualism, and "the market," which will "sort it out," whatever "it" is.

        This revolution was kicked off by the Powell Memorandum in 1971 and has been enacted piecemeal over the last few decades. What Powell never expected was that people would not only pick it up and run with it but that they'd run wherever they wanted to with it. Result: a hard shift to the Right in which traditionally conservative stances are considered left wing/progressive.

        Anarchy doesn't scale, Padpaw. We need governMENT to do the governING and the most successful revolutions are the ones where the administration of the nation has been taken into account — and taken over. As I've said any number of times here, be careful what you wish for.

        link to this | view in chronology ]

  • identicon
    I.T. Guy, 6 Sep 2016 @ 11:59am

    "it found evidence of stupidity, but not criminal intent."

    Oh... stupidity. Well that's ok then. Was Petraeus stupid too? Had no criminal intent?

    Then they should let Snowden claim he had no criminal intent either and should be a free man. Both latter cases knew damn well what they were doing was WRONG. Period.

    What Snowden did he knew he was right for the better of society.

    Evildoers with connections walk free and shit... may become President. While the person that does it for social justice has been exiled from his homeland.

    Go Merika!!!

    link to this | view in chronology ]

    • identicon
      Jim, 6 Sep 2016 @ 3:23pm

      Re:

      Your mixing metaphors. It's not illegal to have a private email server, it is illegal for a general to give unredacted dailies to his mistress. Especially, if the general was in charge of the CIA. Oops, same notes were given to reporter would be illegal, and same notes released to the press would be doubly illegal. There is no comparison.
      By law, all government servers transmissions are recorded for posterity. You just have to know who did the send to get a open copy. That's the hard part of open government.
      Oh, and by the way. It's not illegal for her to use her private server in government, or bad things would have happened to the group prior to these shenanigans. And nothing is ever heard of them, except in passing.

      link to this | view in chronology ]

  • icon
    Carlie Coats (profile), 6 Sep 2016 @ 12:29pm

    Federal; Records Act

    It seems quite clear that Hilary Clinton did, with premeditation, violate the Federal Records Act (44 U.S. Code § 3101), a felony which calls for three years imprisonment. There is a prima facie case that she did this to conceal violations of the Influence Act, the Freedom of Information Act, and the Official Secrets act. In the process she has committed perjury, obstruction of justice, and conspiracy to obstruct justice. She should be imprisoned for at least the next 25 years.

    link to this | view in chronology ]

    • identicon
      teka, 6 Sep 2016 @ 9:02pm

      Re: Federal; Records Act

      Well, golly, now that You've said it and gone to the trouble of looking up legal terminology in latin, it Must be true.

      Nevermind that the people who investigated the matter don't agree, just string her up! Mob justice with a side of far-right hysteria! huzzah! Things are so simple this way!

      link to this | view in chronology ]

      • identicon
        I.T. Guy, 7 Sep 2016 @ 8:34am

        Re: Re: Federal; Records Act

        "Nevermind that the people who investigated the matter don't agree"

        ROFL... you almost had me there. Next time include the /s.

        link to this | view in chronology ]

  • identicon
    David, 6 Sep 2016 @ 12:30pm

    So in a nutshell:

    The Democrat candidate is giving us more of a crock than a crook in this particular regard.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Sep 2016 @ 12:31pm

    Note that 18 U.S. Code § 2071 further provides "...and shall forfeit his office and be disqualified from holding any office under the United States."

    link to this | view in chronology ]

  • identicon
    Anonymous Hero, 6 Sep 2016 @ 12:38pm

    I'll never trust my confidential information with a Clinton ever again!

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Sep 2016 @ 12:47pm

    If you don't like Hillary, you call for her in jail. If you like Hillary, you forgive all.

    I can tell how the author of this article feels about her.

    The government will ever go after Hillary, because Hillary is the government.

    link to this | view in chronology ]

  • icon
    Padpaw (profile), 6 Sep 2016 @ 1:00pm

    In my opinion the big worry would be that Clinton whores herself out to foreign countries and groups for cash.

    Will she sell out American interests for a bigger bank account if she became president.

    link to this | view in chronology ]

    • icon
      Roger Strong (profile), 6 Sep 2016 @ 1:49pm

      Re:

      That same worry could be expressed with equal credibility for any other Presidential candidate in recent decades.

      Well, except for Trump of course:

      - Trump no longer does business with many US banks. Instead he "has steadied and rebuilt his financial empire with a heavy reliance on capital from Russia" according to a lawsuit uncovered by the New York Times.

      - Paul Manafort, Trump's campaign chairman until recently, has spent decades as a political adviser in eastern Europe. He worked closely with Putin-supported former Ukrainian President Viktor Yanukovych who was ousted from power in 2014.

      - Trump's foreign policy advisor Carter Page has "deep and continuing financial and employment ties" to Gazprom, Russia's trillion dollar energy company.

      - Researchers have concluded that the national committee was breached by two Russian intelligence agencies in a deliberate attempt to influence the presidential election in favor of Donald Trump. Trump has even publicly urged Russia to cyber-invade the United States to find and publish the hacked emails.

      - Trump has often praised Putin and promises to pull the US out of NATO. He's told the New York Times that he might not honour NATO commitments should Russia invade Baltic states.

      - The Republican National Committee shifted their stance on Russia under pressure from Trump staff in the days leading up to the convention in Cleveland, softening their position on the invasion of Crimea and Western Ukraine and weakening their support for Ukraine.

      - My favorite: George Stephanopoulos questioned Trump about that last point. Trump's defense of Putin - who has already invaded Crimea and western Ukraine: "He's not going into Ukraine, OK, just so you understand. He's not going to go into Ukraine, all right? You can mark it down. You can put it down. You can take it anywhere you want."

      - Reported here on Techdirt: Putin's Internet Trolls Are Stoking The Vitriolic Fire By Posing As Trump Supporters

      link to this | view in chronology ]

      • identicon
        David, 7 Sep 2016 @ 2:07am

        Re: Re:

        Well yeah. These elections are about choosing between "bad" and "mad". Basically if you are going to get ruled by a weasel anyway, should it have rabies or not?

        link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Sep 2016 @ 1:30pm

    The revolution will not be televised, it will be live. And it will put you in the drivers seat. No more garbage in, garbage out American politics. No doubt there will be cameras set up at the polls this year, just to determine who the two party subversives are in an election with no oversight. Perhaps we could invite the Russians and Chinese in to assist us in that regard. My vote won't count, as I won't be casting a ballot. Civic duty my ass.

    link to this | view in chronology ]

  • identicon
    Personanongrata, 6 Sep 2016 @ 2:28pm

    The FBI’s Secret War

    This comment is slightly off topic but deals directly with FBI and the wholesome goodness it has bestowed upon the republic since it's inception in 1908.

    Excerpt below is from AntiWar.com webpage titled:

    The FBI’s Secret War
    Sixty years ago, the FBI launched COINTELPRO.
    Its mission was simple: destroy the Left.


    The idea that a tyrannical government is secretly plotting against US citizens is a popular and longstanding belief among much of the American far right. The scenario has many variations, but the basics are that politicians, threatened by a potentially rebellious populace, are watching and listening in on them, working to undermine them and readying for the day they will wrench away their freedoms.

    But this scenario isn’t merely a paranoid fantasy dreamed up in the deepest corners of the alt-right – it’s relatively recent history. Instead of gun-toting “sovereign citizens” and Confederate-flag-waving patriot groups serving as the targets, however, the US government largely targeted segments of the Left for widespread surveillance, disruption, “neutralization,” and eventually destruction.

    This was the COINTELPRO program, whose first operations were launched by the FBI sixty years ago this month.


    http://original.antiwar.com/Branko_Marcetic/2016/09/05/fbis-secret-war/

    link to this | view in chronology ]

  • identicon
    Personanongrata, 6 Sep 2016 @ 2:33pm

    The Church Committee

    Paragraphs excerpted below are from US Senate webpage titled:

    Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities

    Despite these numerous challenges, the Church Committee investigated and identified a wide range of intelligence abuses by federal agencies, including the CIA, FBI, Internal Revenue Service, and National Security Agency. In the course of their work, investigators identified programs that had never before been known to the American public, including NSA’s Projects SHAMROCK and MINARET, programs which monitored wire communications to and from the United States and shared some of that data with other intelligence agencies. Committee staff researched the FBI’s long-running program of “covert action designed to disrupt and discredit the activities of groups and individuals deemed a threat to the social order,” known as COINTELPRO. The FBI included among the program’s many targets organizations such as the Southern Christian Leadership Conference, the anti-Vietnam War movement, and individuals such as Martin Luther King, Jr., as well as local, state, and federal elected officials.

    http://www.senate.gov/artandhistory/history/common/investigations/ChurchCommittee.htm

    link to this | view in chronology ]

  • identicon
    Personanongrata, 6 Sep 2016 @ 2:50pm

    Hillary Clinton Broke the Law

    The section below was excerpted from a Whitehouse.gov page titled

    Executive Order 13526- Classified National Security Information

    (tt) "Violation" means:

    (1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information;

    (2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or

    (3) any knowing, willful, or negligent action to create or continue a special access program contrary to the requirements of this order.

    https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-infor mation

    Using FBI's Grand Pooh-bah J Edgar Comey's own words from his 5Jul16 news conference titled Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System:

    Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.

    https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey -on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system

    According to Executive Order 13526- Classified National Security Information, posted above, a violation of the law has occurred when a person negligently handles classified information.

    Hillary Clinton broke the law.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Sep 2016 @ 8:27pm

    Others in her position did not setup their own servers to intentionally avoid FOIA laws. Others are very dissimilar.At most they used a personal email account that was not directly used for agency functions. Bringing up previous potential lawbreakers dies nothing to clear up Clinton's obviously illegal behaviors. When you can point to a specific email from Powell or others that violated the law, throw them in prison too.

    link to this | view in chronology ]

    • icon
      Roger Strong (profile), 6 Sep 2016 @ 10:03pm

      Re:

      If you're just going to repeat that claim, others can repeat the same answer.

      Previous Secretaries of State Colin Powell and Condoleezza Rice also used private accounts for classified emails. Any (likely true) claim that it was done to intentionally avoid FOIA laws, applies to them with equal credibility.

      Also Bush II, Cheney, Rove and anyone else connected to the Bush White House email controversy, tens of millions of White House emails sent through private servers. Millions of them lost. White House deputy Jennifer Farley even told Jack Abramoff not to use the official White House system "because it might actually limit what they can do to help us, especially since there could be lawsuits, etc." Abramoff responded, "Dammit. It was sent to Susan on her RNC pager and was not supposed to go into the WH system."

      Jeb! as governor used his own server against the rules and as Florida governor to discuss security and military issues such as troop deployments to the Middle East and the protection of nuclear plants.

      2016 presidential candidates Scott Walker, Marco Rubio, Chris Christie, Rick Perry and Bobby Jindal, who each have their own email scandals. Mitt Romney too. You honestly don't believe that avoiding FOIA laws had anything to do with it?

      And of course all those Congressman who claim that they "don't use email", while having their aides use their private accounts. "Conveniently" avoiding FOIA requests.

      In most if not all cases you can't point to a "specific email" because they haven't been recovered. Or you can (the above Abramoff email exchange for example) but people simply lost interest because they left office.

      link to this | view in chronology ]

      • identicon
        AJ, 7 Sep 2016 @ 5:22am

        Re: Re:

        Did Bush, Romney, Powell .. whoever.. get caught keeping classified material on a private email server, then try to make it all disappear and lie about it? If they did, then throw them all in jail. I think most agree that If they broke the law and got caught prosecute the hell out of them as they would do the same to us in a second, but don't use that as a means to justify what Hillary did. Its cowardly.

        If you want to point out some kind of perceived favoritism, then consider this. If that idiot Trump had of done the same thing, the media would have expert after expert lined up to state that he's a criminal. If he was having coughing fits, falling down stairs, blood clots in the brain, and weird random epileptic facial seizures, then the media would be parading expert after expert in front of the camera stating that he's got some kind of illness that should disqualify him from being president. So she she gets to be on the receiving end of all that favoritism, and then point at the Republican side and say "but they did it too" when she gets caught breaking the law? I don't think so.

        They have all created this mess of a system we have, and the only way to clean it up is to take a hard line, and start holding them accountable. Republican, Democrat, Independent, all of them.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 8 Sep 2016 @ 11:50am

        Re: Rumors of others...who cares with facts

        The previous classified emails in personal email were done in a different set of rules. Cybersecurity rules at State changed in 2010 to exclusive use of state only systems and no blackberries. If those former emails were encrypted there is no problem under former system use rules. There is innuendo and rumor that others used classified email in personal email, but not hard facts or examples (maybe because they were not hacked or they encrypted their sensitive information as required). Clinton has known hard facts and examples of her poor decisions and lack of cybersecurity safeguards. She should be prosecuted like others that made those same type of poor decisions. If the evidence exists for the others, they should be prosecuted as well. She is very very stupid if nothing else...

        link to this | view in chronology ]

        • icon
          Roger Strong (profile), 8 Sep 2016 @ 3:58pm

          Re: Re: Rumors of others...who cares with facts

          It's not "innuendo and rumor" that others used classified email in personal email. It's all either on record or freely admitted. (This is why I provided links.)

          NONE of all those other cases involved encryption. Most were against the rules, every bit as much as for Hillary. (Again, this is why I provided links.) There is no more evidence that Hillary's server was hacked than for the others.

          Sure, prosecute. But not in an "it's OK when Republicans do it" fashion.

          link to this | view in chronology ]

  • icon
    Whatever (profile), 6 Sep 2016 @ 8:32pm

    "And the FBI certainly has an interest in clearing the air of any hints of politically-motivated favoritism."

    OMG, you are kidding, right? The FBI is one of the biggest political power players around, and the timing of this release can only contribute to the Republican frenzy about "crooked hillary". Coming a very short time before the Presidential vote, it's a red hot bombshell that could shape the future of the country.

    It should be pointed out that the FBI likely considers that a future with Trump around would be a happy free for all for law enforcement, not quite Philippines level but certainly the various agencies would have much more Presidential support to push the boundries to deal with drugs, immigrants, and terrorism. Hillary is much more "steady hand" and that isn't as good for the FBI or the other three letter agencies.

    link to this | view in chronology ]

  • identicon
    Stephen, 6 Sep 2016 @ 9:58pm

    Hillary and Classified Material

    Clinton says she "understands" classification -- certainly a much different self-assessment than she presented to FBI interviewers.
    Really? According to a Politico article:

    http://www.politico.com/story/2016/09/best-of-clinton-fbi-report-227692
    Clinton told the FBI that she did not know what the “(C)” portion markings on an email chain signified, explaining that she thought it meant the paragraphs were marked in alphabetical order.
    Elsewhere the article goes on:
    “Clinton did not recall receiving any emails she thought should not be on an unclassified system,” the FBI’s report on Clinton’s interview states. “She relied on State officials to use their judgment when emailing her and could not recall anyone raising concerns with her regarding the sensitivity of the information she received at her email address.”
    On the face of it that statement is implying that she NEVER received ANY classified material (or at least considered herself to have receive such material) whilst using her private server, which surely beggars belief.

    Elsewhere the article notes:
    Clinton told the FBI that she relied on the judgment of others at State to determine what should and should not be sent in messages to her private email system.
    That implies that she considers the buck stops with her underlings, not with her, to decide such matters, and therefore if anyone is to blame for such material ending on in her email it is them.

    And to think this woman wants to become president of the United States!

    All in all one has to wonder where stupidity, naiveté, and ignorance end and sheer (criminal) negligence begins.

    link to this | view in chronology ]

  • icon
    techflaws (profile), 6 Sep 2016 @ 10:54pm

    For instance, she said she did not pay attention to the difference between levels of classification, like “top secret” and “secret,” indicating she took “all classified information seriously.”

    Weird, I'd take that as an indication she did NOT take all classified information seriously.

    link to this | view in chronology ]

    • icon
      orbitalinsertion (profile), 7 Sep 2016 @ 2:37am

      Re:

      Place that statement in the government context where everything is over-classified and you may have to fight tooth and nail to see completely unclassified documents. None of them pay attention, it's all super above top secret for most practical purposes and that's her intent in what she said.

      It's funny how large numbers of people seem to forget all sorts of things they recognize elsewhere when it comes to Hillary, not that i have any interest in defending her.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Sep 2016 @ 7:37am

    This appears to be a problem for the INS.

    The FBI prosecutes U.S. citizens for breaking federal laws. HRC broke the law. The FBI did not prosecute. Therefore HRC is not a U.S. citizen. The responsibility then falls to the INS to check her visa and deport her.

    The other option, is that the FBI is refusing to prosecute a clear violation of the law, because they are waiting for somebody to become immune to prosecution so they can pass the buck.

    Which is as much ignoring the duties of their office, as executing their duties is interference with the elections.

    The FBI does not take it's oath to the DNC. The FBI is not responsible for the DNC's failure to raise an unfelonious candidate.

    The DNC WILL be able to function with HRC in jail. The possibility of a Candidate being indisposed during the race will be covered in the DNC charter.

    So at this point, the FBI is operating independently of the law, and on behalf of the DNC by failing to uphold their oath. Much like the old sheriffs of the south who stood by while the KKK ran amuck.

    I understand their reluctance. I wouldn't want to touch that pile of crap either. But... THAT IS THE JOB THEY SIGNED UP FOR.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Sep 2016 @ 8:09am

    It was a stupidity to illegaly download The Martian over BitTorrent, because it fucking sucks. No copyright infringement intended.

    link to this | view in chronology ]

  • identicon
    Cryophallion, 7 Sep 2016 @ 8:27am

    She absolutely understands confidentiality..

    She actually does appear to understand what she says she understands. Which is to say, you want to be able to have secrets. She gets that concept. She wanted her emails to be secret (and confidential) from records requests. I'm sure she wishes the Lewinsky thing had stayed confidential. While she may not understand the ins and outs of hoe the government has tiered privacy, she still understands confidentiality.
    This is especially true in that all these groups that get hacked are running soon control on all their secrets ans dealings. It's power playing by people who are at their core all of one political persuasion... They are statist, as that is where their power and influence come from. Both major parties want to keep the status quo, no matter that they say. It's all they know, ans it's the rules they play best by.

    link to this | view in chronology ]


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