Hillary Clinton:Felon ?
Clinton's Blackberry
Federal United States Code Relevant To Clinton
18 U.S.C.A § 793(f), which is a felony, addresses the handling of confidential information and states as follows:
“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.”
In turn, 18 USC 1505 addresses obstruction of justice and states as follows:
“Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so…Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism, imprisoned not more than 8 years, or both.”
Clinton's Violation of Federal Law
Clinton was probably grossly negligent in the handling of classified information and is guilty of obstruction of justice in the following ways:
- FBI Agent Comey concluded that all of the subject e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government. Comey went on to state that the emails were held on a server equivalent to the one used by the popular Gmail service. (In 2012 during Clinton’s tenure as SOS General the General Petraeus case raised multiple security-related questions, such as the ease with which emails from Gmail, Yahoo or other providers of free Web-based email services might be intercepted by foreign adversaries in the intelligence arena, or unscrupulous competitors in the business).
- Clinton told the FBI she could not remember receiving "any briefing or training'' for handling such information at times claiming her lack of recall on a concussion.
- Clinton acknowledged to agents that she did not recognize a common document marking used to identify it as classified information. An intelligence community inspector general raised made clear that at least one of the subject messages contained information that only could have come from the intelligence community. If so, they would have had to come in with all the appropriate classification markings,” the official said. That official questioned whether someone, then, tampered with that message. “[S]omewhere between the point they came into the building and the time they reached HRC’s server, someone would have had to strip the classification markings from that information before it was transmitted to HRC’s personal email.” That official said doing so would “constitute a felony, in and of itself. The subject messages apparently contained satellite imagery and signals intelligence, information that diplomats cannot unilaterally obtain.
- Clinton said she used her own BlackBerry for both personal and official business "out of convenience” All of those devices, the FBI report said, could not be located for analysis. The phones were destroyed by her staff.
- The email account of Sidney Blumenthal, a former Clinton aide and confidant, was hacked in March 2013, the FBI report said, and emails between him and Clinton were released by the hacker, Marcel Lehel Lazar of Romania, aka Guccifer.
- Though Clinton told investigators she believed "everyone at State'' knew she had a private email address, she did not "explicitly request permission to use a private server or email address.’’
- Clinton stated to the FBI that she never had a concern with how classified information pertaining to the drone program was handled.
- When asked of her knowledge regarding top secret, secret and confidential classification levels of U.S. government information, Clinton responded that she did not pay attention to the 'level' of classified information and took all classified information seriously,’'
- Comey concluded that eight of the subject email chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information
- She kept the emails and server at her home in New York for all of her State Department email business, including handling classified messages, and she did not turn over the documents when she left the department in early 2013, as required by law.
- Clinton provided false testimony under oath to Congress about her use of the personal email system.
- Clinton lied under oath to Congress about no classified emails being sent or received on her private server.
- Clinton lied under oath to Congress about the 30,000 emails being non work related.
- Clinton lied under oath to Congress about no classified emails being sent or received on her private server.
- Clinton lied under oath to Congress about the 30,000 emails being non work related.
- Clinton lied under oath to Congress about only having one mobile device.
- It is alleged that Clinton instructed her staff and representatives to cut and paste emails, removing security classifications before sending them to her.
- Clinton, her staff, lawyers and representatives deleted 30,000 emails that had been requested by subpoena from Congress.
- The mass-deletion came just days after Platte River Networks, the company Mrs. Clinton hired to handle her server, had a conference call with Mrs. Clinton’s lawyers, who had been in charge of going through the emails.
- There is at least enough here to investigate her statements further. Comey's final statement in concluding not to pursue against Clinton is commonly cut short by the media: Here it is in its entirety: “Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case…To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. The last sentence suggests that Clinton received preferential treatment from the FBI and that less important people committing the same crime would have been prosecuted. Wikileaks is releasing additional emails soon which will probably further implicate Clinton.