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Clinton Surrendering Email Server/Data To Feds After Top Secret Mail Found

An anonymous reader writes: Hillary Clinton's lawyer has surrendered three thumb drives with copies of emails from her server to the Justice Department, which is also where the controversial Clinton personal email server is destined as well. The FBI determined that Clinton's lawyer could no longer retain the thumb drives after two emails from a small sample were found to contain information classified as "Top Secret/Sensitive Compartmented Information," which would also taint the server. There is no evidence that encryption was used to protect the emails. From the limited reviews to date, Secretary Clinton and her aides exchanged emails containing classified information with at least six people with private email addresses. So far four of Clinton's top aides have turned over emails to the State Department, and there are demands that six more do so. The State Department's inspector general has stated that his office is reviewing "the use of personal communications hardware and software by five secretaries of state and their immediate staffs." Current U.S. Secretary of State John Kerry has stated, "it is very likely" that China and Russia are reading his emails.

24 of 676 comments (clear)

  1. Re:What a clusterfuck by Spazmania · · Score: 1, Informative

    Idiot. The emails were "unmarked." That means not stamped with a classification. More, they reached her on an unclassified network. Clinton had every reason to believe they contained no classified information. Indeed, the claim that they do contain classified information remains unsubstantiated.

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  2. Re:I call bullshit by Mycroft-X · · Score: 4, Informative

    That's bullshit too. Do you think a case officer's notes of a meeting with an agent aren't classified just because the case officer doesn't carry around a big red "CLASSIFIED" stamp? Information is classified based on the information and source, not the markings. Classified information not so marked isn't unclassified information, it's misidentified information and anyone with a security classification is trained to recognize and address that issue.

  3. Re:What a clusterfuck by Anonymous Coward · · Score: 3, Informative

    It is being reported that 4 of the e-mails found so far were classified, and of those 4, 2 of them were classified "Top Secret." So yes, an enormous breach of duty going on here. I'm not sure if it's prosecutable or not but it very well may be and that would effectively end her campaign.

  4. Re:Smoke meet fire by Anonymous Coward · · Score: 3, Informative

    Actually it is every federal member's job to ensure the protection of classified information. That includes self-identifying if the information is classified or not and reporting it immediately. Secret level information can be sometimes confused with FOUO or even full out unclassified, but TS/SCI is awfully easy to spot (would the release of this information cause substantial damage to the United States).

  5. Re:I thought she said she destroyed it? by bill_mcgonigle · · Score: 4, Informative

    You'll notice that they handed over flash drives with copies, not the original storage. Because the remapped sectors on the original storage probably contains the evidence the prosecutor is looking for.

    But that's OK - Hillary is a bona fide member of the protected spook/bankster class; she need not fear consequences, only maintain the charade well enough for the narrative to continue.

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  6. Re:Smoke meet fire by Anonymous Coward · · Score: 2, Informative

    Mostly right.

    It is an intrinsic part of any security clearance that you make every effort to ensure that documents are classified correctly before they leave your possession regardless of what if any classification they had when they were delivered to you. If a contractor with basic Secret clearance forwarded something to a gmail account that contained secret information but was unlabelled, they'd be stripped of clearance and prosecuted.

    On top of that debate, last I checked, willfully refusing to comply with a judge's order is enough to get a mere citizen to spend years in jail. By that alone Hillary Clinton should be spending her time in prison.

  7. Re: What a clusterfuck by Anonymous Coward · · Score: 5, Informative

    She didn't want to carry around a second device because it's just so inconvenient. Literally her excuse. Just pathetic.

  8. Re:What a clusterfuck by Fire_Wraith · · Score: 4, Informative

    What's even scarier is that this was apparently the standard deal for all her predecessors. Still, at least they might be able to claim some degree of ignorance - but I think it's safe to say that by 2008 anyone with half a clue could have explained what a colossally stupid idea it was, especially given that the private email servers for both the Obama and McCain campaigns had already been hacked prior to the election:
    http://www.theguardian.com/glo...

  9. Re:What a clusterfuck by dcooper_db9 · · Score: 3, Informative

    WHY THE FUCK WAS SHE CONDUCTING OFFICIAL STATE DEPARTMENT BUSINESS ON A PRIVATE EMAIL SERVER IN THE FIRST PLACE?!?!

    Because state department servers are not secure. The Clinton family learned from experience that their political opponents have free access to dig through anything that's stored on official servers.

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  10. Re:What a clusterfuck by JWW · · Score: 5, Informative

    It is ABSOLUTELY against federal records law for a civil servant to carry on federal business over a non-federal system. Just business, not classified business, or top secret business, ANY business.

    All e-mails containing governmental decisions need to be maintained and controlled by the government entity responsible for them.

  11. Re: Here's hoping she's charged by Holi · · Score: 2, Informative

    It was also still legal to do it when HC did it. You are right the law came later, the 2014 Federal Records Law was signed 2 years after Clinton left office.

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  12. Re:It's all a game to her by Holi · · Score: 1, Informative

    No it wasn't, that law did not get written until after she was no longer Secretary of State.

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  13. Re:What a cluster**** by ewhenn · · Score: 3, Informative

    She's accomplished one thing very well: harming American tech workers.

    Traitor politician Hillary Clinton brought TATA into Buffalo, NY, on the guise of "creating jobs for NYS." Sure, TATA has a FANTASTIC (sarcasm) track record when it comes to creating jobs in the U.S.! They almost exclusively employ Indian nationals on temporary worker visas OR they ship the work offshore to India.

    http://www.nriinternet.com/NRI...

  14. Re:What a clusterfuck by Archangel+Michael · · Score: 3, Informative

    the correct term is duty which carries more weight than responsibility. You can shirk responsibility, but you better not shirk your duty.

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  15. Re: What a clusterfuck by Anonymous Coward · · Score: 2, Informative

    You aren't supposed to mix Top Secret and unclassified on the same device. They really would have to be two separate phones.

  16. Re:What a clusterfuck by blue9steel · · Score: 5, Informative

    I'm not a Republican and frankly I thought they were just muckraking till now, however if this information is correct then she is likely guilty of violating 18 U.S. Code 798 - Disclosure of classified information (if not other laws and oaths as well) and should be tried and punished appropriately. Since she's one of the elite it will likely get swept under the rug instead.

  17. Re:What a clusterfuck by NostalgiaForInfinity · · Score: 2, Informative

    True - NOW. But this statement was NOT true when she began the process.

    That's not true. There are multiple rules and regulations governing the use of E-mail. Some of those came into force after she left office, but others were in force throughout her tenure.

    In addition, in her position, she was responsible for setting sensible policies for the department, and even if she had complied with all regulations, her use of a private E-mail server was a major policy screwup on her part.

    If she gets elected anyway - still a high probability - she will have to stop trying to keep anything private.

    If she gets elected anyway, you can kiss your civil rights, free speech, your privacy, and transparent government goodbye, because she is going to destroy all of those if she can.

  18. Re:What a clusterfuck by h4ck7h3p14n37 · · Score: 4, Informative

    Before or after they were retro-actively declared classified.....

    That's not how it works. You are expected/required to be able to recognize classified information that is not marked as such and mark it yourself.

  19. Re: classification markings by Anonymous Coward · · Score: 5, Informative

    Having served as a Security Manager in the United States Navy, I can with clarity and proper knowledge clearly state that when creating any document, the drafter of the document is responsible for taking appropriate steps to properly classify said document. There is no excuse for not knowing because to gain assess to classified information, you must acknowlede in writing after completing training that you are aware of the above. There is no excuse. Anyone else would already be in jail.

  20. Re:What a clusterfuck by Anonymous Coward · · Score: 2, Informative

    And as Secretary of State, she'd be an originating Classification Authority, and as such should have had a deep understanding of this stuff.

    "(d) Original classification authorities must receive training in original classification as provided in this order and its implementing directives. Such training must include instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure."

    Not that ignorance is an excuse for breaking the law, but in this case, for her to claim ignorance would go directly against the Executive Orders that granted her the authority anyway.

  21. Re:What a clusterfuck by cayenne8 · · Score: 4, Informative

    I'm not a particularly big fan of Obama, but he is definitely not the biggest user of executive orders

    Well, SORT of true. He's been abusing Presidential Memorandums ...which carry basically the same weight, but allow him to say "I'm not using as many EO's as the previous guys have.".

    Add the memos and the EO's together...and that changes the number a bit.

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  22. Misleading by SuperKendall · · Score: 4, Informative

    Sounds like you read "How to Lie with Statistics", since the sheer number of EO's means nothing compared with the contents.

    When the next president has "only" 33 but they are packed with hated directives, I'm sure you will be similarly sanguine...

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  23. Re:What a clusterfuck by DaHat · · Score: 3, Informative

    none of these emails was classified at the time she sent/received it. These are documents that later were marked as top secret.

    That's not what the Office of Inspector General spokesperson says: the emails were "were classified when they were sent and are classified now."

  24. Re:What a clusterfuck by ScentCone · · Score: 4, Informative

    The information was not deemed classified until long after the emails were sent.

    False on the face of. Enough so that there's no explanation for you saying that other than you know you're deliberately lying.

    The inspectors looked at a tiny sample of the mail she cherry-picked, and in just a few dozen, found material that was already graded "Top Secret," and would have been obviously such to anyone with any experience - let alone the person who is the nation's top appointed diplomat and the executive in charge of all of our foreign affairs, someone who is briefed daily on highly sensitive material. We're talking about emails with satellite imagery, etc. Your "retroactive" meme is the worst sort of BS because even you know it's not true, but you're repeating it anyway.

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