Secion 1236.22
of the 2009 National Archives and Records Administration (NARA)
requirements states that: Agencies that allow employees to send and receive official electronic
mail messages using a system not operated by the agency must ensure that
Federal records sent or received on such systems are preserved in the
appropriate agency record keeping system.
18 U.S. Code § 793 (f/1) -
Gathering, transmitting or losing defense information
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. Shall be fined under
this title or imprisoned not more than ten years, or both.
NOTE: The statute in this section, which
applies to Hillary’s emails, does not require “intention.”
Statement by FBI
Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use
of a Personal E-Mail System
Our
investigation looked at whether there is evidence classified information was
improperly stored or transmitted on that personal system, in violation of a
federal statute making it a felony to mishandle classified information either “intentionally”
or in a “grossly negligent” way, or a second statute making it a misdemeanor to
knowingly remove classified information from appropriate systems or storage
facilities. From the group of 30,000 e-mails returned to the State Department,
110 e-mails in 52 e-mail chains have been determined by the owning agency to
contain classified information at the time they were sent or received. Eight of
those chains contained information that was Top Secret at the time they were
sent; 36 chains contained Secret information at the time. 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.
NOTE: Isn’t “extremely
careless” and “grossly negligent” the same or equivalent thing, legally
speaking?
Seven e-mail chains concern matters
that were classified at the Top Secret/Special Access Program level when they
were sent and received. These chains involved Secretary Clinton both sending
e-mails about those matters and receiving e-mails from others about the same
matters. There is evidence to support a conclusion that any reasonable person
in Secretary Clinton’s position, or in the position of those government
employees with whom she was corresponding about these matters, should have
known that an unclassified system was no place for that conversation. None of
these e-mails should have been on any kind of unclassified system, but their
presence is especially concerning because all of these e-mails were housed
on unclassified personal servers not even supported by full-time security
staff.
With
respect to potential computer intrusion by hostile actors, we did not find
direct evidence that Secretary Clinton’s personal e-mail domain, in its various
configurations since 2009, was successfully hacked. We do assess that
hostile actors gained access to the private commercial e-mail accounts of
people with whom Secretary Clinton was in regular contact from her personal
account. We also assess that Secretary Clinton’s use of a personal e-mail
domain was both known by a large number of people and readily apparent. She
also used her personal e-mail extensively while outside the United States,
including sending and receiving work-related e-mails in the territory of
sophisticated adversaries. Given that combination of factors, we assess it
is possible that hostile actors gained access to Secretary Clinton’s personal
e-mail account.
All
the cases prosecuted involved some combination of: clearly intentional and
willful mishandling of classified information; or vast quantities of materials.
To be clear, this is not to suggest that in similar circumstances, a person who
engaged in this activity would face no consequences. To the contrary, those
individuals are often subject to security or administrative sanctions. Opinions
are irrelevant, only facts matter. Comey
cited a lack of precedence in charging someone under similar
circumstances, saying his bureau could not find a single case in
which a person was charged with crimes for similar actions.
> End of FBI Detector James Comey's comments
Oh, really,
what about the following:
Bill
Clinton’s CIA Director Was Pardoned During Plea Negotiations for Storing
Classified Data on Home Computer: John Deutch, CIA director under
President Clinton, was found to have classified information on a government-owned
computer in his home several days after he left the CIA. He had to be pardoned
in the middle of plea negotiations by Hillary’s husband.
Navy engineer
sentenced for mishandling classified material: Bryan Nishimura of Folsom, California,
pled guilty to the unauthorized removal and retention of classified materials
during stints in Afghanistan in 2007 and 2008. Here’s the money quote from the AP – “An FBI search of Nishimura’s home turned up
classified materials, but did not reveal evidence he intended to
distribute them.” The exact words used to clear Hillary of her misdeeds.
Instead, Nishimura was sentenced to two years’ probation, fined $7,500, and had
to surrender his security clearance. Meanwhile, Clinton will be able to serve
as Commander-in-Chief.
Low Level
Submarine Shipmate Prosecuted for Less Serious Crime than Clinton: Petty Officer
First Class Kristian Saucier allegedly used a cellphone camera to take photos
in the classified engine room of the nuclear submarine where he worked as a
mechanic, the USS Alexandria, then destroyed a laptop, camera and memory card
after learning he was under investigation. He was indicted on one felony count of unlawful retention of national
defense information and another felony count of obstruction of justice.
Marine Corps.
Major Caught Sending Classified Documents to Superiors Using Personal
Email: Maj. Jason
Brezler was dismissed from the Marine Corps when he “accidentally took
home 14 documents on his personal computer, some of which were classified.”
According to the report, Brezler was “in a graduate school class when he
received an urgent email from military officials in Afghanistan and sent a
specific document in response, using his personal email account.”
Lab Tech Steals
Data from Nuclear Facility. Jessica Lynn Quintana, a former worker at the Los Alamos
National Laboratory, pleaded guilty in federal court to “knowingly
removing classified information from the national security research
laboratory, after she took home sensitive documents and data from the lab last
year.”
State Dept. Official Steals Classified Docs: Donald Willis Keyser earned over a year in prison when he
“pled guilty to a three-count Criminal Information in which he admitted that he
willfully and unlawfully removed classified documents and digital memory
devices from the Department of State to his residence.” United States Attorney
Chuck Rosenberg stated that Keyser “had an absolute obligation to safeguard the
classified information entrusted to him and utterly failed to do so.
So, after the abundance to the contrary and legal
statutes notwithstanding, one can only speculate as to why Director Comey did
not recommend indicting Hillary Clinton to Attorney general Loretta Lynch, and
did the seemingly serendipitous meeting between the AG and hubby Bill Clinton
on the tarmac in Phoenix, AZ, have something to do with the legal outcome; or
was this an inside job and the outcome already decided? Hillary Clinton is on
the verge of making history and who would want to be the individual to derail
the nomination and election of the first female president of the United States?
Well, I guess after it is all said and done, this power couple may be the only
husband and wife political tag team with matching towels in the master bathroom
of their Chappaqua, NY mansion embroidered with:
HIS HERS
Indicted but never convicted Investigated but never
prosecuted
HIS HERS
Indicted but never convicted Investigated but never
prosecuted
Tacoma, WA 98402
July 12, 2016
robertrandle51@yahoo.com
