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Post 02 Feb 2016, 4:11 pm

rickyp wrote:Fate
ALL of her business email was supposed to be conducted on a government email address. If she had done that, we would not be having this discussion

You are an incredibly obtuse person. Perhaps purposefully obtuse? Or is it a requirement to ignore facts in order to hold your world view?


If you weren't being serious, I would laugh. However, you are just dumb enough to believe what you wrote. Your problem is that you don't know what you're talking about.

Apologies to everyone else for that redundancy.

Was this the law or not?

Federal law allows government officials to use personal email so long as relevant documents are preserved for history."
The law was amended in late 2014 to require that personal emails be transferred to government servers within 20 days. But that was after Clinton left office


If all government business was supposed to be conducted on a government email address:

1) Why wasn't there a law or a regulation that made this clear? And why did the law actually say that personal servers were okay as long as emails were transferred within 20 days?
2) Why did Homeland security let her do what she did?
3) Why did Homeland Security let Colin Powell do much the same thing?


If she had used a .gov email address, or whatever the secure server extension was, we would not be having this conversation, would we?

Powell did not have his own private email server at his house.

A better question: why did the PRESIDENT let her do this? He actually used her clinton email address to write her.

There should not be a $700 billion organization that fails to make politicians follow secure procedures. A $700 billion dollar organization should not relent to push back from a politician and her private contractor.


Watch the vicious and unfair (former Clinton chief-of-staff) George Stephanopoulos point out that she signed papers MAKING HER RESPONSIBLE for how she dealt with classified material, whether it was marked or not. Of course, she lies in her response. Otherwise she would not have 22 SAP-classified documents on her server.

This is an institutional failure . Clinton screwed up, but there should never have been the opportunity for her to screw up.


Actually, that's not really a defense. Pay attention and maybe you'll learn something . . . ah, who am I kidding??? It's you! You can't learn!

First, crimes were committed, and the latest revelation about the 22 e-mails withheld by State raises questions about yet another law:

Clinton admitted that she set up the private email system for her “convenience” — it was easier than operating another email account through the secured State Department system. As a price for this “convenience,” Clinton seems to have personally retained custody of classified material in both the hardware and database in her house without authorization or proper security, until surrendering both to the State Department and FBI last summer.

Unlawful retention of classified material of any level is a crime under 18 USC 1924 with up to a year in prison on each count. Exposure of sensitive national security data through either gross negligence or malice is a felony under 18 USC 793, which carries ten years in prison on each count. The exposure of NOC-listed agents could violate the Intelligence Identities Act of 1982. Two people have been convicted under this statute; John Kiriakou, the former CIA agent turned whistleblower on waterboarding, got out of prison just as this scandal broke in February 2015.


The Kiriakou case is particularly interesting. One might think that the Obama administration would have appreciated Kiriakou’s efforts to paint the Bush-era counter-terrorism policies in a bad light, and especially since he was a key aide to then-Senator John Kerry when Kerry chaired the Foreign Relations Committee. However, the DoJ went after Kiriakou aggressively in 2012 for leaking classified material to journalists, including the identity of one or more intelligence agents. They initially charged Kiriakou under the Espionage Act (whence come 18 USC 1924 and 793) as well as the 1982 law. It got plea bargained down to the latter, and he did two years for what Kiriakou describes as “whistleblowing” rather than leaking.

Choosing to pursue Kiriakou while taking almost a year to do anything with Hillary raises some interesting questions about politicized prosecution at the DoJ. That also sets up another interesting contrast between Barack Obama and George W. Bush, one that makes Bush look much more supportive of the rule of law than his successor:

Joseph Wilson, a diplomat who had opposed the war, wrote a column inThe New York Times criticizing the Bush administration’s analysis of intelligence regarding Saddam Hussein’s weapons program. A week later, Robert Novak wrote a column accusing Wilson’s wife of arranging Wilson’s assignment for the probe into Team Bush’s much-dissected yellowcake uranium claims, outing her as a CIA employee who had operated under “non-official cover” — a status considered to be classified information, and potentially dangerous to both Plame and national security.

The purposeful public revelation of Plame’s identity touched off a furor in Washington over mishandling classified information and potentially putting American resources, methods, and personnel at risk. The CIA demanded that the Department of Justice begin a criminal probe, which began shortly after Novak’s column appeared. President George W. Bush expressed a desire to get to the bottom of the leak. “I want to know who it is,” Bush declared, “and if the person has violated the law, the person will be taken care of.”


Within weeks of the scandal’s eruption, Attorney General had not just called for an investigation, but also assigned it to special counsel Patrick Fitzgerald. The actual leaker (Richard Armitage) ended up facing no consequences, but Lewis “Scooter” Libby got 30 months for obstruction of justice, as well as a six-figure fine. Bush commuted the prison sentence but declined to pardon Libby, leaving the conviction and the fine in place.

Compare that response to the response of the Obama administration:

In the year since the Clinton email scandal was initially exposed, neither the president nor the attorney general have acted at all. Barack Obama has publicly dismissed concerns over the emails, while Loretta Lynch has given no indication as to whether she will pursue the massive and serial violations of federal laws. It is time to ask why. It’s not unreasonable to infer a former Cabinet official and current Democratic frontrunner to succeed Obama rises above the laws applied to other Americans, and that she is exempt from close scrutiny by a politicized Department of Justice.


rickyp wrote:That the American media have never approached the problem this way, is because - Hillary.
(The same reason she probably chose a private server in the first place. The political paparazzi that is cable and internet news. )


She chose a private server to avoid FOIA. That's so obvious even you should figure it out.

And, apparently, every clown in the Democratic party was doing the same thing:

As a senator, Secretary of State John Kerry sent at least one email to Hillary Clinton from his personal account that has now been classified as secret, the State Department confirmed on Tuesday.

The largely redacted May 19, 2011, email from Kerry — then the chairman of the Foreign Relations Committee — “was sent from a non-official account,” State Department spokesman John Kirby said on Tuesday.

That account, Kirby added “is no longer active.”
The message referenced India, Afghanistan and Pakistan, and was classified for containing information about foreign governments and U.S. foreign relations.

“We all know this will be a troubled relationship because that is it’s [sic] nature,” he wrote in one unredacted section. “But there are real possibilities at this moment to put options to the test.”

Kerry’s email was classified at the “secret” level, which is a higher level than “confidential” but lower than “top secret”

A note at the bottom of the message indicates that it was sent from Kerry’s iPad.

. . .

On Tuesday, the head of the Senate Judiciary Committee expanded his probe into the how Obama administration officials used personal email accounts, demanding answers from Defense Secretary Ashton Carter. Carter used a personal email account for months after he took the reins at the Pentagon last year.
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Post 02 Feb 2016, 4:12 pm

bbauska wrote:
rickyp wrote:Was this the law or not?


https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap93-sec1924.htm

(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.

http://www.businessinsider.com/hillary-clinton-email-scandal-bremmer-obama-administration-officials-2015-8

On Thursday, a federal judge opened the door for the FBI to try to recover any emails Clinton may have deleted from her private server, expanding the agency's investigation into whether sensitive information ever passed through her private inbox while she served as secretary of state.

The judge said that Clinton did not comply with government policies surrounding the use of a private email server, which require that "federal records sent or received on such systems are preserved in the appropriate agency record-keeping system," The New York Times reported.


Yes. It was wrong.


cross-posted.

Maybe, just maybe, it will start sinking in.
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Post 02 Feb 2016, 4:51 pm

It muddles things when you (DF) cite things comparing what Clinton did with the Valerie Plame case and the Kiriakou case. Those cases involved the intentional leak of classified information. Those cases are not analogous at all...at all to the situation with Hillary Clinton. Hillary Clinton did not intentionally leak classified information.
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Post 02 Feb 2016, 5:08 pm

freeman3 wrote:It muddles things when you (DF) cite things comparing what Clinton did with the Valerie Plame case and the Kiriakou case. Those cases involved the intentional leak of classified information. Those cases are not analogous at all...at all to the situation with Hillary Clinton. Hillary Clinton did not intentionally leak classified information.


Read the third gray section of my post you're referring to. It's not JUST intentional. It's also "gross negligence."
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Post 02 Feb 2016, 5:44 pm

Well, there is a huge difference between intentionally leaking classified info to reporters and unintentionally not making sure that all email on a non-government server was non- classified. Mens rea is kind of a big deal in criminal law. This explains why both the Obama and the BushAdministration were quick to crack down on intentional release of classified information and also why there is no movement towards filing any criminal case against Hillary. The whole premise of the article is faulty.

This article analyzes the legal issues involved pretty well.

http://abcnews.go.com/Politics/analysis ... d=36626499
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Post 02 Feb 2016, 6:41 pm

freeman3 wrote:Well, there is a huge difference between intentionally leaking classified info to reporters and unintentionally not making sure that all email on a non-government server was non- classified. Mens rea is kind of a big deal in criminal law. This explains why both the Obama and the BushAdministration were quick to crack down on intentional release of classified information and also why there is no movement towards filing any criminal case against Hillary. The whole premise of the article is faulty.

This article analyzes the legal issues involved pretty well.

http://abcnews.go.com/Politics/analysis ... d=36626499

The article seems to argue Hillary could use stupidity as a defense.

Even if correct, one might think that should be a disqualifier.
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Post 03 Feb 2016, 7:03 am

fate
If she had used a .gov email address, or whatever the secure server extension was, we would not be having this conversation, would we?

No.
So why wasn't there a law in place to enforce this if it was so important?
Why wasn't a government security agency enforcing security regulations instead of allowing her to opt out?

Fate
She chose a private server to avoid FOIA. That's so obvious even you should figure it out.

Yes it is obvious.
But the law and the supposed security apparatus of the US allowed her to do this.
Why?

fate
Watch the vicious and unfair (former Clinton chief-of-staff) George Stephanopoulos point out that she signed papers MAKING HER RESPONSIBLE for how she dealt with classified material, whether it was marked or not


Yes this is true. But making someone responsible for their personal use of classified material is pointless, if they are convinced by their security experts that the use of a private server is both legal and appropriate, and that is what is vulnerable.
Whilst the government security agencies who are responsible for security .... give her a pass and allow her to do so.
Either they knew at the time it was dangerous security practice and did nothing to stop the problem.
Or they didn't know at the time that it was a security problem , which would make one wonder at the level of technological ignorance at Homeland....
A third possibility was that no one knew who should actually make the call on security of information. Again an institutional failure...

Pinning this on Hillary is convenient politically. But the conversation around it avoids the actual issue. Security and intelligence failure.
Why is it that every time the security community fails, the topic changes? (In this case, election and Hillary. In the case of 9/11 ? WMD's? )
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Post 03 Feb 2016, 7:35 am

rickyp wrote:fate
If she had used a .gov email address, or whatever the secure server extension was, we would not be having this conversation, would we?

No.
So why wasn't there a law in place to enforce this if it was so important?


Maybe no one believed an important government official would ever be so slipshod with such classified material. The disregard she has for national security is rather shocking.

Why wasn't a government security agency enforcing security regulations instead of allowing her to opt out?


That's funny. Who would be in charge of SecState?

Fate
She chose a private server to avoid FOIA. That's so obvious even you should figure it out.

Yes it is obvious.
But the law and the supposed security apparatus of the US allowed her to do this.
Why?


Ask the President.

fate
Watch the vicious and unfair (former Clinton chief-of-staff) George Stephanopoulos point out that she signed papers MAKING HER RESPONSIBLE for how she dealt with classified material, whether it was marked or not


Yes this is true. But making someone responsible for their personal use of classified material is pointless, if they are convinced by their security experts that the use of a private server is both legal and appropriate, and that is what is vulnerable.


Who convinced her that this was legal and appropriate? Please, do not recite (again) that it was legal. You've stated "security experts" convinced her that "a private server (was) both legal and appropriate." Please substantiate.

Either they knew at the time it was dangerous security practice and did nothing to stop the problem.
Or they didn't know at the time that it was a security problem , which would make one wonder at the level of technological ignorance at Homeland....
A third possibility was that no one knew who should actually make the call on security of information. Again an institutional failure...


However, she knew (having signed an NDA) that having secure info in a non-secure setting was not legal. She also knew, or was required to know, what was/was not secure info. There's no wriggling out of it. She had (at least) 22 emails containing info above Top Secret. She did not report the security breaches each of those represented.

So far, the best defense is her incompetence. That seems like less than a resume-enhancing qualification.

Pinning this on Hillary is convenient politically. But the conversation around it avoids the actual issue. Security and intelligence failure.


She signed the Non-Disclosure Agreement. She violated it. What's so difficult to grasp?
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Post 03 Feb 2016, 8:00 am

Fate
Maybe no one believed an important government official would ever be so slipshod with such classified material. The disregard she has for national security is rather shocking
.

This is nonsense.
The issue is the use of a private server.
If the private server was going to be a security issue it shouldn't have been allowed. That Homeland Security allowed the use of a private server is down to their incompetence.
What they essentially did was allow the advice of a private contractor to trump their own expertise.
What national security agency would perform its role in this fashion?

Fate
That's funny. Who would be in charge of SecState?


National Security of electronic assets would fall under Homeland Security or maybe the NSA or secret service I suppose.
It certainly shouldn't have been left up to the advice of a private contractor. (Although it is amazing how much work of the government has been out sourced to private contractors. Including stuff like security.)

Ricky
Yes it is obvious.
But the law and the supposed security apparatus of the US allowed her to do this.
Why?


Fate
Ask the President

I think it should be asked of him. And the Department of Homeland Security, the Secret Service, the NSA and the CIA.... And the heads of the Senate and House committees on security and intelligence...
That its not is because its an election, and its Hillary and the media is both myopic and shallow. Or, in the case of the right , arrayed against Clinton because Clinton.

Fate
Who convinced her that this was legal and appropriate?

Who ever convinced her it was legal was right weren't they?
The law allowed her to do this..
Whoever convinced her it was appropriate was wrong... Where was the national security agency that should have disavowed her of this advice?

Fate
However, she knew (having signed an NDA) that having secure info in a non-secure setting was not legal.

Information that is classified after it has been received on her servers?
Emails that were not opened?
There's much not known here....
All of this could have been avoided if Homeland security had done their job.

Fate
She signed the Non-Disclosure Agreement. She violated it. What's so difficult to grasp

What did she disclose and to whom?
If the issue is that the private server was not secure .... and information may have been taken by an electronic interloper... there's no evidence that this occurred.
And if this is the issue: then explain why the law allowed her to use a private server and why national security allowed a private server...
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Post 03 Feb 2016, 8:54 am

rickyp wrote:Fate
Maybe no one believed an important government official would ever be so slipshod with such classified material. The disregard she has for national security is rather shocking
.

This is nonsense.
The issue is the use of a private server.


I'm sure that within your padded walls, this makes you feel better. It's not true, no matter how it might comfort you. However, she violated her NDA:

As the nation’s chief diplomat, Hillary Clinton was responsible for ascertaining whether information in her possession was classified and acknowledged that “negligent handling” of that information could jeopardize national security, according to a copy of an agreement she signed upon taking the job.

A day after assuming office as secretary of state, Clinton signed a Sensitive Compartmented Information Nondisclosure Agreement that laid out criminal penalties for “any unauthorized disclosure” of classified information.

Experts have guessed that Clinton signed such an agreement, but a copy of her specific contract, obtained by the Competitive Enterprise Institute through an open records request and shared with the Washington Free Beacon, reveals for the first time the exact language of the NDA.

“I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of SCI by me could cause irreparable injury to the United States or be used to advantage by a foreign nation,” the agreement states.


Bend it, stretch it, do whatever you like. She had SCI on her homebrew server. She knew it was there. She had no reason to think it was secure. If you have evidence she thought it was, please bring it.

If the private server was going to be a security issue it shouldn't have been allowed. That Homeland Security allowed the use of a private server is down to their incompetence.


Not legally. She sighed. She's responsible. That's what her signature means.

What they essentially did was allow the advice of a private contractor to trump their own expertise.
What national security agency would perform its role in this fashion?

Fate
That's funny. Who would be in charge of SecState?


National Security of electronic assets would fall under Homeland Security or maybe the NSA or secret service I suppose.


In other words, you don't know--and you're creating a defense for Hillary out of thin air. The truth is nothing like what you're making it out to be:

(CNN)Hillary and Bill Clinton personally paid the State Department staffer who managed their private email server, a spokesman for Clinton's campaign confirmed on Saturday.

Bryan Pagliano was retained separately from his job at State to manage the server, two campaign aides said. The arrangement insured that no taxpayer money was spent on the server that was used by the Clinton family and some of their closest advisers, the aides added.

Campaign spokesman Nick Merrill tweeted a statement early Saturday afternoon that said Pagliano was hired to "periodically" manage the server.

"Bryan was hired by the Clinton family as a consultant in order to help out periodically with the management of the system in Chappaqua that hosted the family's emails," Merrill said.

The aides initially said Saturday that Pagliano was retained to install the server. A campaign aide said Saturday afternoon that Pagliano is no longer paid by the Clintons.

The Washington Post first reported the arrangement Friday night.

Clinton addressed Pagliano's role in the email server while speaking to reporters Saturday after a campaign event in Portsmouth, New Hampshire.

"We obviously paid for those services, and did so because for a period of time, we continued to need his technical assistance," she said.

A message left with Pagliano's lawyer Saturday morning was not immediately returned.

Pagliano, an IT specialist, informed Congress through his lawyer earlier this week that he will invoke the Fifth Amendment to avoid testifying before the House Select Committee on Benghazi and other Congressional inquiries into the server.

Clinton's aides earlier this week sought to minimize any damage from his refusal, saying they'd encouraged Pagliano to testify because he has nothing to hide. The candidate herself said Saturday that she and her advisers "have encouraged everyone to cooperate."


Now, you, who like to pretend you believe evidence, what will you do now?

Meanwhile, we've learned that both Kerry and Obama used her private email to send her messages. We also know that she never used a government email address.

Fate
However, she knew (having signed an NDA) that having secure info in a non-secure setting was not legal.

Information that is classified after it has been received on her servers?
Emails that were not opened?
There's much not known here....
All of this could have been avoided if Homeland security had done their job.


As I've shown, Clinton acknowledged it was her job. Furthermore, at least some of the info was so clearly sensitive that any moron would have known that, let alone the Secretary of State.

If the issue is that the private server was not secure .... and information may have been taken by an electronic interloper... there's no evidence that this occurred.


There's evidence her server was attacked. Maybe you should learn something before you start babbling? I feel like you basically know nothing and are just defending Hillary because . . . Hillary.

Hillary Clinton's private email server containing tens of thousands of messages from her tenure as secretary of state — including more than 400 now considered classified — was the subject of hacking attempts from China, South Korea and Germany after she stepped down in 2013, according to Congressional investigators.
The Senate Homeland Security and Government Affairs Committee has found evidence of attempted intrusions into Clinton's server in 2013 and 2014, according to a letter Chairman Ron Johnson (R-Wis.) sent Monday to a Florida-based security firm tasked with protecting the hardware.
Story Continued Below
The contractor, SECNAP Network Security, identified the attacks, but according to internal emails cited and briefly quoted in the Johnson letter, Clinton's sever may have lacked a threat-detection program for three months, Johnson says.
The Associated Press first reported the news.
The attempted security breaches and apparent gaps in protection raise further questions about the level of security Clinton used to prevent malicious intrusions from breaching her network. The FBI is currently probing whether her rare email arrangement at State — exclusively using her own personal server rather than a State.gov account — ever put national security at risk. The State Department has now classified more than 400 Clinton emails that were stored on that hardware, though Clinton's team notes they were not marked classified at the time.
The last batch of Clinton's emails released by the State Department under a court order in a Freedom of Information Act suit showed that Clinton received at least five emails from hackers linked to Russia. If Clinton opened attachments in the emails, her account and server could have been vulnerable to hacking, although it is unclear if she did so.

Read more: http://www.politico.com/story/2015/10/h ... z3z7Y97xZP


It's Hillary's fault. Period. Now, did she break the law? I don't know with certainty yet. However, she didn't give a fig about national security. That much is pretty clear.
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Post 03 Feb 2016, 9:15 am

Ricky:
Whilst the government security agencies who are responsible for security .... give her a pass and allow her to do so.
Either they knew at the time it was dangerous security practice and did nothing to stop the problem.
Or they didn't know at the time that it was a security problem , which would make one wonder at the level of technological ignorance at Homeland....
A third possibility was that no one knew who should actually make the call on security of information. Again an institutional failure...

Pinning this on Hillary is convenient politically.


After we arrest the government security middle managers who didn't fight her, we should go after the brokers who allowed her to trade on inside information in the late 70's and the Clinton Foundation auditors who didn't raise potential conflict of interest issues with foreign donations. Poor lady has been surrounded by middle managers who never give her good advice.
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Post 03 Feb 2016, 9:34 am

Ray Jay wrote:Poor lady has been surrounded by middle managers who never give her good advice.


Oh, she's a victim. I feel bad for her.
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Post 03 Feb 2016, 9:35 am

Ray Jay wrote:Ricky:
Whilst the government security agencies who are responsible for security .... give her a pass and allow her to do so.
Either they knew at the time it was dangerous security practice and did nothing to stop the problem.
Or they didn't know at the time that it was a security problem , which would make one wonder at the level of technological ignorance at Homeland....
A third possibility was that no one knew who should actually make the call on security of information. Again an institutional failure...

Pinning this on Hillary is convenient politically.


After we arrest the government security middle managers who didn't fight her, we should go after the brokers who allowed her to trade on inside information in the late 70's and the Clinton Foundation auditors who didn't raise potential conflict of interest issues with foreign donations. Poor lady has been surrounded by middle managers who never give her good advice.


Here is my conjecture on that, RJ. She probably actively looked for people who would tell her what she wanted to hear, and would continue to get advice from them; good, bad or otherwise.
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Post 03 Feb 2016, 9:41 am

geojanes wrote:
Ray Jay wrote:Poor lady has been surrounded by middle managers who never give her good advice.


Oh, she's a victim. I feel bad for her.


Thanks to you and RJ, perhaps rickyp will stop the silliness.

:fingercrossed:
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Post 03 Feb 2016, 9:55 am

RayJay
After we arrest the government security middle managers who didn't fight her, we should go after the brokers who allowed her to trade on inside information in the late 70's and the Clinton Foundation auditors who didn't raise potential conflict of interest issues with foreign donations

I wonder if it was security middle managers?
And again, isn't it the job of security experts in Homeland to ensure security?
By the way....
Congress is a snake pit of insider trading. And its all legal.
In a little-noticed brief filed last summer, lawyers for the House of Representatives claimed that an SEC investigation of congressional insider trading should be blocked on principle, because lawmakers and their staff are constitutionally protected from such inquiries given the nature of their work.
The legal team led by Kerry W. Kircher, who was appointed House General Counsel by Speaker John Boehner in 2011, claimed that the insider trading probe violated the separation of powers between the legislative and executive branch
.
https://theintercept.com/2015/05/07/con ... r-trading/