Well, it seems as if the State Department and the Trump Administration have had enough of the Democrats and Hillary Clinton. The State Department has recently announced a formal inquiry into Hillary Clinton and her staff, to determine if classified information was improperly handled during her tenure as Secretary of State. Should the result of this formal inquiry determine classified information was improperly handled (we all know the answer to this); Hillary Clinton could lose her security clearance, along with any other negligent parties involved.
In an effort to be fair, and present the information accordingly, I have gone over and read the various laws and statutes surrounding this issue, the former FBI Director James Comey’s’ statement about Hillary Clintons’ email server, and presented them here, with the hope that Attorney General Jeff Sessions will charge Hillary Clinton and involved staff under the Espionage Act of 1917. All the ammunition is here. It just needs to be used.
The specific statutes which Hillary Clinton should be charged under include 18 U.S. Code § 798 – Disclosure of classified information, 18 U.S. Code § 793 – Gathering, transmitting or losing defense information, and 18 U.S. Code § 2071 – Concealment, removal, or mutilation generally. Nowhere does it say in any of these statutes that ignorance of the law excuses guilt. Just as killing someone and claiming you didn’t know it was illegal absolves you of murder. Hillary Clinton knew full well when she set up her private email server a crime was being committed and she needs to be held accountable.
Based on what is publicly known about Hillary Clintons’ behavior surrounding this mess, 18 U.S. Code § 798 – Disclosure of classified information seems to be the most applicable. “Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information-“. One particular unauthorized person who comes to mind is Anthony Weiner, and based on the FBI’s investigation there are other individual’s who had access to classified information but did not have the required security clearance to read, access, or otherwise transmit classified information. So now that the legal jargon has been covered, let us take a look at former FBI Director James Comey’s’ statement when the FBI’s investigation was completed.
In the beginning, James Comey clearly enumerates the level of offenses as a felony and misdemeanor.
“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”. The personal system he is referring to is the private email server Hillary Clinton set up.
Moving on, James Comey states what was found, transmitted, and the status of the information when it was transmitted. Remember Hillary Clinton said, “I did not email any classified material to anyone on my email. There is no classified material. So I’m certainly well aware of the classification requirements and did not send classified material”.
…”a personal account or a government account. I did not send classified material, and I did not receive any material that was marked or designated classified, which is the way you know whether something is”.
And let’s not forget under 18 U.S. Code § 798 – Disclosure of classified information the exact words “any classified material” is used.
James Comey: “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; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent”.
Now here is where it gets tricky and James Comey starts to contradict himself. Remember we have established the laws in question, that they were violated, that Hillary Clinton lied on numerous occasions, and the classification and amount of classified material improperly handled.
“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”. Hu? Correct me if I am wrong but we established that negligence, even if it was not intentional is considered a violation of the law. James Comey even goes on to describe in further detail…..
“For example, 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. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails)”.
I’m confused because here James Comey clearly states Hillary Clinton did, in fact, send and receive classified material on numerous occasions, apparently violating the law again, and being negligent, which is also breaking the law. James Comey’s’ statement gets even better…“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, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail”.
So you’re telling me that the unclassified email server set up by Hillary Clinton was less secure than a Gmail account. And this is a woman who has a security clearance at the highest level? And how in the hell did anyone at the State Department, Pentagon, or White House under the Obama Administration allow this?
Though it was never fully proven that foreign governments hacked or accessed Hilary Clintons’ private email server, the FBI investigators and James Comey were of the opinion it is highly likely hostile governments, like Russia for example, had access to, and obtained classified and other information from Hillary Clintons’ unclassified and unsecured email server….“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”. But it was Donald Trump colluding with the Russians? Sounds to me like Hillary Clinton did it to herself.
Put aside for a moment your politics and just look at the facts. We know Hillary Clinton lied, broke the law, and lied about that too. Judge Andrew Napolitano summarizes it perfectly. “The most serious thing she appears to have done just from the public record now, not obviously know what the FBI knows, is the failure to safeguard state secrets. That’s called espionage and that is a crime that can be proven not only by intent, and we have evidence of intent. There’s an email in which she (Hillary Clinton) tells one of her underlings, erase the secret marking and fax it to me using a regular fax machine. No one will know it was secret and I have to read it. But the crime can also be proven by gross negligence”.
I’m confident that this summary of facts outlines the basis of a case to not only strip Hillary Clinton of her security clearance but to charge her criminally, and hopefully put her in prison where she belongs.
My hope is that this summary of facts forces our elected officials on both sides of the aisle to insist that Hilary Clinton is charged criminally, and prosecuted to the fullest extent of the law. America will never be whole until this travesty of justice is corrected.