Patterico's Pontifications

8/18/2015

Hillary Clinton, Liar: “We turned over everything that was work related. Every single thing.”

Filed under: General — Dana @ 5:39 pm



[guest post by Dana]

Cornered:


“What I did was legally permitted, number one, first and foremost,” she said Tuesday.

“We turned everything that was work related, every single thing. “

She added that in “retrospect” it had not turned out to be convenient to have the private server during her years as secretary of State.

“I regret that this has become a cause celebre. But that does not change the facts and no matter what anybody tries to say, the facts are stubborn,” she said.

“I know there is a certain level of anxiety or interest in this, but the facts are the facts.”

Asked if the server, which has been turned over to the Department of Justice, had been wiped clean, Clinton initially shurgged and later joked: “Like with a cloth or something?”

“I don’t know how it works digitally at all,” she added.

Uh-oh:

The FBI may be able to recover at least some data from Hillary Clinton’s private email server even though there was an attempt to wipe it, two sources with direct knowledge of the process told NBC News on Tuesday.

According to the State Dept., of the emails processed so far, 305 have been flagged as possibly containing top secret information.

The presser was cut short by an irate Clinton, but not before she claimed:

“If it were a government account, they would be saying the same thing,” she said. “Everybody’s acting like this is the first time this has ever happened. It happens all the time.”

The key takeaway, she insisted, is: “Whether it was 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.”

You can watch the full 5 minute press conference here. Kudos to Ed Henry of FOX News for digging in and showing the MSM how to get the job done.

–Dana

113 Responses to “Hillary Clinton, Liar: “We turned over everything that was work related. Every single thing.””

  1. Joe Biden couldn’t be happier.

    Dana (86e864)

  2. I truly pity Hillary. Her spirit must be sullied, and her soul, soiled.

    felipe (56556d)

  3. What soul? She sold that old thing decades ago.

    Edoc118 (a5855a)

  4. “If it were a government account, they would be saying the same thing,” she said.

    “They” would have been saying in late 2013 or mid 2014 when “they” first asked for her Benghazi emails, had it been on an easily-searchable DoS system. Where it was supposed to be.

    “They” are only saying it now because “they” only found out Hillary! had stolen the emails by building her cockamamie home brew email system in August 2014, and “they” still tried going through DoS first.

    “Everybody’s acting like this is the first time this has ever happened. It happens all the time.”

    Stop me if I’m wrong but isn’t this the first time this has ever happened in the history of email?.

    Steve57 (5a07a9)

  5. “Stop me if I’m wrong but isn’t this the first time this has ever happened in the history of email?”

    Do I have to remind you that it all depends on what the meaning of “this” is? and there are two of “this” to define.

    felipe (56556d)

  6. …I did not send classified material, and I did not receive any material that was marked or designated classified.

    Yeah, this “designated or marked” BS is ridiculous. For many different reasons, but especially in Hillary!’s case.

    I don’t know why BHO thought it was a good idea to put political appointees in this job, but he did, and now Hillary! is stuck with it.

    https://www.whitehouse.gov/the-press-office/executive-order-original-classification-authority

    Executive Order 13526- Original Classification Authority

    Pursuant to the provisions of section 1.3 of the Executive Order issued today, entitled “Classified National Security Information” (Executive Order), I hereby designate the following officials to classify information originally as “Top Secret” or “Secret”:

    TOP SECRET…

    Departments and Agencies:…

    The Secretary of State

    When I was in the E.O. that designated officials with original classification authority only mentioned agencies, not departments. Which I believe gave OCA to professionals, not party hacks like Hillary! But Prom Queen decided to expand it to “Departments and Agencies.” What does that mean? It doesn’t matter if it was marked or designated classified. As OCA it was her job to know whether it was classified or not.

    She was the one who was supposed to know how to mark it when it wasn’t already marked!

    http://fas.org/sgp/bush/eoamend.html

    EXECUTIVE ORDER 13292

    – – – – – – –

    FURTHER AMENDMENT TO EXECUTIVE ORDER 12958, AS AMENDED,
    CLASSIFIED NATIONAL SECURITY INFORMATION

    … PART 1–ORIGINAL CLASSIFICATION

    Sec. 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:

    (1) an original classification authority is classifying the information;

    (2) the information is owned by, produced by or for, or is under the control of the United States Government;

    (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and

    (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.

    (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.

    Sorry, Hil. It was your job to know classified information before it was marked as classified. What did you do, sleep through Original Classification Authority class?

    That won’t fly.

    Steve57 (5a07a9)

  7. Re this post’s headline: Unless and until the server is “unwiped,” or a backup found — both of which I have hopes may occur, based on recent news reports — the world must take her word for this assertion.

    In court, under the theory of “despoliation of evidence,” this conduct would merit an instruction from the judge to the jury telling them that their discretion, as finders of fact and judges of the credibility of the witnesses, includes drawing an inference of bad motive and evil intent from the deliberate destruction of relevant evidence.

    Beldar (fa637a)

  8. How many of my clients would have loved to have had the chance to make decisions on such things as whether documents requested under subpoena or other court compulsion were “work-related” before destroying them?

    How utterly revoked would my law license be, how empty would my personal bank account be, how over would my law career be, if I’d ever let them? Very.

    Beldar (fa637a)

  9. “I’m certainly well aware of the classification requirements and did not send classified material.”

    Hillary Clinton – March 10, 2015

    That’s all good, but as OCA she was also trained to be well aware of the classification requirements when she received the material.

    So she could then properly classify it.

    Now she undoubtedly delegated the actual work. I’m sure she delegated all actual work as she was too busy with personal Clinton Foundation business. But she took the job title so it sticks.

    Steve57 (5a07a9)

  10. What did you do, sleep through Original Classification Authority class?

    Hillary! figures she’s covered since she has a “participation” certificate for the OCA class.

    Rev. Barack Hussein Hoagie (f4eb27)

  11. If you’re interested,

    http://www.cdse.edu/documents/cdse/oca-desktop-reference.pdf

    “Original Classification Authority
    Desktop Reference”

    You can see synopsis of Hillary!’s job description.

    The safety and security of the United States depend upon the protection of sensitive information. Classification is one way to accomplish this protection. Original classification is the initial decision that particular information requires protection in the interest of national security and could be expected to cause damage if subjected to unauthorized disclosure. It is a six-step process in which the classifier must answer specific questions at each step and make considerations and decisions before classifying information. This desk reference guide is designed to provide individuals with the sixstep decision process to enable the OCA to make quality classification decisions.

    I just find it funny that she wanted to be SecState so badly, to round out her resume she’d work for her arch-enemy BHO, and it’s exactly by taking that job she can’t use the excuse “It wasn’t marked classified, how could I know?”

    Steve57 (5a07a9)

  12. I think Steve57 pointed out earlier what sounded like a thorough fisking of the inappropriate handling of classified material.
    I just heard on Hewitt (delayed broadcast in Philly) that Hillary and Co. sent the server to some small private outfit in Denver with no security clearance to have it erased.

    MD in Philly (f9371b)

  13. Here’s a few of her whoppers:

    1. “I thought it would be easier to carry one device for my work.” She used multiple devices to send and receive email.
    2. “The server contains personal communications from my husband and me.” Bill Clinton said he has only sent two emails in his life.
    3. “I’ve never had a subpoena…Let’s take a deep breath here.” See: Trey Gowdy
    4. “I did not e-mail any classified material to anyone on my e-mail. I’m certainly well aware of the classification requirements and did not send classified material.” A random sample of 40 of Clinton’s e-mails, the inspector general for 17 spy agencies told Congress that two contained information deemed “Top Secret.”
    5. “Everything I did was permitted. There was no law. There was no regulation. There was nothing that did not give me the full authority to decide how I was going to communicate.”

    Dana (86e864)

  14. Maybe it was just the “county-jail orange” of the outfit she was wearing, but I felt like I was watching a career criminal trying to convince the judge she couldn’t possibly be guilty because she was so cooperative (when the cops caught her stealing red-handed and had her at gun point) and she turned over everything (when she was booked and strip searched at the lock-up).

    Steve57 (5a07a9)

  15. MD @ 12,

    How many people directly involved in handling her server and the information on it, in one way or another, actually had security clearance? These were not government employees who went through any sort of background check through the DOJ. The Colorado firm was in a loft and according to a former employee:

    At the time I worked for them they wouldn’t have been equipped to work for Hilary Clinton because I don’t think they had the resources, they were based out of a loft, so [it was] not very high security, we didn’t even have an alarm.

    ‘I don’t know how they run their operation now, but we literally had our server racks in the bathroom. I mean knowing how small Platte River Networks… I don’t see how that would be secure [enough for Clinton].’

    ‘It was a loft downtown and they [the co-founders] owned it. It was one big open space where we had cubicles and two bathrooms.

    ‘I actually lived in the same building.’

    Bathroom security.

    Dana (86e864)

  16. My new favorite line that I’ll use at every possible occasion:”

    “What, like with a cloth or something?”

    Beldar (fa637a)

  17. Put in this way, I would suggest that anyone who would have been qualified to handle the stuff would also have known it was a crime to do what they were being asked to do.

    IMO, the problem is, as with Torricelli (https://en.wikipedia.org/wiki/Robert_Torricelli) years ago, this allows/causes someone who is a candidate in trouble to be replaced by someone else,
    and the problem with other Dem candidates
    is they aren’t qualified,
    but they might get elected anyway.

    MD in Philly (f9371b)

  18. the lying b*tch wouldn’t ever say whether she’d wiped or had the server wiped. She’ll look good in orange.

    Colonel Haiku (2601c0)

  19. Which naturally begs the question, are those those people who did handle the stuff willing to take the hit for her, if it comes to that?

    Dana (86e864)

  20. From what I hear, the Denver folk are singing like canaries for their lives.

    MD in Philly (f9371b)

  21. MD,

    I know you often listen to Hugh Hewitt. I was half-listening at work today and thought I heard him say that he believed because the FBI leaked to NBC that they thought material would be able to be retrieved from her server, that that was an indicator that the DOJ would be willing to move on this… did you hear anything like that? I can’t find the transcript.

    Dana (86e864)

  22. If I were writing my closing argument in the prosecution of Hillary Clinton, I’d build at least three minutes of it around that tiny clip of video: “What, like with a cloth or something?” I’d loop that again, at least ten times.

    That’s so spectacularly insulting, so patronizing, so imperious, so dishonest.

    That’s the kind of evidence that makes a jury want to return a verdict of conviction even before the presiding juror has re-read the charge aloud.

    Big joke. Ha-ha. Big joke. A cloth. Or something.

    Beldar (fa637a)

  23. Dana, I was listening to Hewitt’s show. I tried to call in, couldn’t quite make it — I wanted to correct Hugh, who, although a fine lawyer and legal scholar, was spectacularly wrong about whether David Kendall is protected from prosecution under some theory of “attorney-client privilege.” But I didn’t hear the whole show, and so I didn’t hear his remarks that you’re recalling.

    Beldar (fa637a)

  24. Beldar,

    I remember Paul Mirengoff was saying that Kendall should not have handled the thumb drives because he didn’t have security clearance and he should have directed Hillary to turn them over to the State Dept. A total lack of discretion. What did Hewit say about Kendall?

    Dana (86e864)

  25. 20. From what I hear, the Denver folk are singing like canaries for their lives.

    MD in Philly (f9371b) — 8/18/2015 @ 7:17 pm

    As well they should, and I don’t blame them. They didn’t deserve to be in the position Hillary! put them in.

    I’m sure Hillary! told them she wanted them to handle her email server.

    She left out the part about all the possibly classified government emails that she had stolen.

    Steve57 (5a07a9)

  26. Crazed seacow sighted off the coast of Italy… http://t.co/qlI7BUHYY1

    Colonel Haiku (2601c0)

  27. Hugh’s show is no longer on live in LA as the station put on blowhard Mark Levin instead. I can pick up the show from the San Diego station at home.

    I wonder if Bill and Barack’s conversation last weekend included any discussion of pardons? I think that is on Bill’s mind these days. He is too smart not to see what is happening. She will quit to “spend more time with family “(Huma) and Barack will pardon her as he goes out the door.

    Or, he will tell Bill it is in the works and then not do it. I think he hates her.

    Mike K (90dfdc)

  28. Dana, as best I recall, Hugh said he thought Kendall was protected from criminal liability for possession of, or mishandling, classified information on grounds that he got it from Hillary and that was a protected attorney-client communication.

    That’s just wrong. If Hillary said, “David, I’ve done X and I’m worried about that, is it a problem?” then her question and Kendall’s response would be communications made for the purpose of giving and receiving confidential legal advice. They’d be protected from forced disclosure.

    But if she says, “Here, David, keep a copy of this for me on this thumb-drive,” and that would be a crime for a non-lawyer, the fact that Kendall is her lawyer doesn’t make the act — her handing him the thumb drive, him accepting it — somehow immunized from prosecution. Privilege protects communications, not data per se. It doesn’t protect actions. And even communications, when used to further the commission of a crime or fraud, including a conspiracy to obstruct justice or perpetuate a cover-up, may be subject to the “crime/fraud” exception to attorney-client privilege. As Hugh noted, there have been lawyers for American defendants under indictment who’ve not only had their attorney-client privilege pierced, but who’ve gone to prison for assisting their clients in communicating with other terrorists.

    Beldar (fa637a)

  29. ^^ Left out a phrase there, ought to have said “there have been lawyers for American defendants under indictment for terrorism and conspiracies to commit terrorist acts who’ve …”

    Beldar (fa637a)

  30. I heard him say that he believed because the FBI leaked to NBC that they thought material would be able to be retrieved from her server, that that was an indicator that the DOJ would be willing to move on this…

    yes, that is what I heard, obvious speculation
    I did not hear him say anything about Kendall, all I know about that is what I read from Steve57 yesterday

    MD in Philly (f9371b)

  31. 17. Put in this way, I would suggest that anyone who would have been qualified to handle the stuff would also have known it was a crime to do what they were being asked to do…

    MD in Philly (f9371b) — 8/18/2015 @ 7:12 pm

    True enough, if by “this stuff” you mean classified information. That was the point of my fisking on the other thread, because I was reading the Daily Caller article and Grassley’s letter, both of which recounted the chain of events, and I couldn’t believe anyone with a security clearance could be that stupid.

    I was just asking the questions any peon with a clearance should have asked, right before saying H3LL NO, I’m not going along with this.

    You can be a perfectly qualified sysadmin, but you wouldn’t know the first thing about safeguarding classified information. Especially if you didn’t know you were supposed to be safeguarding classified information because you never knew it was there.

    Because Hillary! didn’t bother to tell you when she hired you.

    Whoever aided and abetted Hillary!s national security crimes had to be political appointees and loyalists. Not career intel or security professionals. There’s no way they’d transfer information from classified systems to an unclas system, while stripping off the classification and dissemination markings. Or even discuss classified information on an unsecure system. This is the more usual breach, by the way. People will write an email and accidentally discuss something that they shouldn’t have.

    But that doesn’t happen accidentally over 300 times.

    Steve57 (5a07a9)

  32. Kendal should be questioned under oath about when he received the thumb drive, what he did with it while it was in his possession, if it was ever out of his possession, if anyone else had access to it, if he discussed it with anyone, if he duplicated it, or added or deleted any information on it.

    ropelight (e44534)

  33. ropelight, that could happen as early as the day after tomorrow.

    …While Judicial Watch did not specify the discovery it wanted, that logically could include the sworn deposition testimony of Hillary as to her electronic devices and server, as well as that of her attorney David Kendall, who maintained custody of electronic records.

    On Judicial Watchs request, the Judge moved the hearing up from September 10 to August 20. The State Department then filed a motion Motion for Extension of Time seeking to delay the hearing until August 27, because two of its key people were on vacation.

    …The Judge quickly rejected the request to delay the hearing, even before Judicial Watch had a chance to file a written opposition:

    Steve57 (5a07a9)

  34. Why do I have the nagging feeling nothing will come of this?

    I mean, she shrugged her shoulders, said she didn’t understand how these computer thingies work and that’s all the MSM needs to move on to more important matters. Besides Rubio bonked a kid with a football and Trump said Heidi is not a 10.

    More than a decade ago, George H.W. Bush was ridiculed by a lie about not understanding how grocery market scanners work. The left just loved that.

    In 2017, Grammy will get to lead the free world although she admits that perhaps having a private email server while serving as the Secretary of State of the United States of America was a bad idea. So, our next President does not know how computers work? She said so for the whole world to see. Yet, she is not a joke.

    I am not a Trump fan. However, how could he be worse than Hillary’s bumbling idiocy? How in the world could he be worse than someone who jokes about “wiping” hard drives, insults black Americans and allows an U.S. Ambassador to die in the streets of Benghazi.

    Her ascension is frightening and inevitable. A third of America weeps, another third says, “What’s the problem?” and the deciding third makes their choice based on what they hear on “Ellen.”

    Ag80 (eb6ffa)

  35. If a SSgt or a Lt did exactly what Hillary did, they would spend time in Leavenworth prior to their dishonorable discharge.

    JD (0b767c)

  36. Ag80 GHWB knew full well how scanners worked. They were demonstrating a new version that was able to read partially damaged or obliterated labels. The MFM lied to make him seem incompetent.

    Gazzer (feaf20)

  37. norcal is right. Parents are “immediate relatives”, along with spouses and minor children, without limit on the number of visas. But the citizen kid still has to be over 21. So “anchor baby” is misleading. That baby cannot make you legal for 21 years.

    nk (dbc370)

  38. And the IRS now admits that the data breach was over double what they previously lied about.

    JD (34f761)

  39. 35. Why do I have the nagging feeling nothing will come of this?

    I mean, she shrugged her shoulders, said she didn’t understand how these computer thingies work and that’s all the MSM needs to move on to more important matters….

    Ag80 (eb6ffa) — 8/18/2015 @ 8:52 pm

    Too many other people are in potential trouble whose name isn’t Clinton. And Hillary! is the wrong Clinton. Up until now she hasn’t been the scandal magnet.

    I don’t see how people don’t start getting indicted all around Hillary!’s email server. If indictments come out of this situation, a situation which never would have happened if Hillary! hadn’t demanded her own email server so she could evade scrutiny, nobody is going to defend her. The press is already turning on her.

    Billy Jeff could get away with this. But Hillary! isn’t Billy Jeff. She’s not as smart, she’s not as likable, she’s nowhere near the politician.

    Yes, she got away with Benghazi. But the LHMFM wasn’t worried about her, they were worried about their precious and Historic First Black President.

    Had something like this come up when she was a Senator we’d might have a track record to go on. I don’t recall anything like this during that time. But all the scandals that she was involved in, as far as I recall, she was always in either Billy Jeff’s or Prom Queen’s shadow.

    Steve57 (5a07a9)

  40. I’ve been following this in a couple of places. Here’s the possible crimes that have been committed so far. Remember, that just putting just one piece of classified information onto an unsecure device or network, or allowing access to that information by people without a security clearance is a crime. So far 300 or so classified pieces of information have been found in Hillary’s emails.

    –The homebrew server problem
    1) Someone on Hillary’s staff took classified information from a secure system and walked it to an unsecure system. In the process, they stripped the classified/secret/top secret tabs on the documents and images.
    2) From that unsecured system, they emailed it to Hillary’s unsecured personal email server in her home in her unsecured basement.
    3) That unsecured email server either sent or was accessed by Hillary’s unsecured mobile phone.
    –The server move
    4) That server with all of the emails was sent to somebodies house in Denver that was also an internet hosting company(?) The old server’s data was copied onto a new server stored in a bathroom closet. Any employee, visitor, passerby asking to use the bathroom, had access to the new unsecure server.
    5) The old server was shipped someplace, an unknown number of shipping people and package handlers had access to the unsecure server.
    –The Real Big Problem
    5) A copy of ALL emails was put on an unsecure thumbdrive
    6) That thumbdrive was given to her lawyer who had no security privileges.
    7) That lawyer gave the thumbdrive to his staff to examine the content of ALL the emails. An unknown number of people had access to both the emails and the thumbdrive itself.
    8) That the thumbdrive was plugged into an unsecure networked computer on an unsecure network in the lawyers office.
    9) The staffers PRINTED the work relevant emails (aka the ones most likely to contain unredacted classified information). This sent classified emails over an unsecure network to an unsecure printer.
    10) The printed emails were boxed by staffers and likely shipped by a shipping company to the State Department. An unknown number of shipping company staff had access to the paper copies of the documents.

    Xmas (35fdcf)

  41. Gazzer: No disrespect, but that was my point. Just trying to clarify.

    Ag80 (eb6ffa)

  42. That horrific Hillary should remain as casually, nonchalantly embraced by far too many Democrats/liberals as she has been and is seems to verify that, yes, liberalism is a form of mental illness.

    I can’t imagine a conservative Republican with a fraction of Hillary’s sleaze remaining supported by most people on the right.

    Mark (24da9b)

  43. No problem Ag80. Like you I like to keep things honest, when I can. Too many canards…

    Gazzer (feaf20)

  44. I never have believed in The Great Pumpkin.

    Just sayin’.

    Icy (941b63)

  45. R.I.P. Yvonne Craig, forever “Batgirl”

    Icy (941b63)

  46. Icy dead people.

    Gazzer (feaf20)

  47. When Barney Frank’s Teh Ghey LOVER, (one of many), was caught growing POT, Barney was asked about it. Barney’s lame azzed claim was that he didn’t know about SERVERS and DIGITAL STUFF….errrr, no, he said he wasn’t aware of pot growing, because he wasn’t an “OURDOORS MAN”. Wow. Lame.
    Barney is in FACT, a BACK DOORS MAN.

    Gus (7cc192)

  48. In the “great minds think alike” category. @11 I said:

    I just find it funny that she wanted to be SecState so badly, to round out her resume she’d work for her arch-enemy BHO, and it’s exactly by taking that job she can’t use the excuse “It wasn’t marked classified, how could I know?”

    James Taranto at the WSJ wrote the other day:

    http://www.wsj.com/articles/mistake-of-a-lifetime-1439570067

    “Hillary Rodham Clinton has decided to give up her Senate seat to become secretary of state in the Obama administration, making her the public face to the world for the man who dashed her own hopes for the presidency,” the New York Times reported on Nov. 22, 2008.

    Well, that was a mistake.

    Maybe even the mistake of a lifetime. You’ve probably heard that Mrs. Clinton is seeking the presidency again. As in 2008, she is the inevitable Democratic nominee but her prospects are looking shaky. This time virtually all of her problems, except those having to do with her character and political talent (or lack thereof), can be traced to her decision to leave the Senate and join the Obama administration…

    I wasn’t thinking of it quite this way when I commented earlier, but Hillary! is a towering mediocrity. I can’t think of a single thing she accomplished as Billy Jeff’s wife as governor of Arkansas, as Billy Jeff’s wife as President of the United States, as Senator from New York, or as SecState.

    At least, nothing you could brag about. Libya, Syria, Myanmar, misspelling “reset” in Russian, and as an attorney in Arkansas in the ’70s getting a child rapist off the hook by blaming his 12 y.o. victim. Then giggling about it during a taped interview.

    Had she remained in the Senate she could have blended in with the herd of 99 other Senators. She could have continued her life of unaccomplishment unnoticed. There’s always an excuse when you’re part of the pack, and her PR team could have maintained her unearned record of Smartest Woman in the World!

    But no, hubris got the best of her. The Lioness of Tuzla just had to try to break out of the pack. And look at how that’s turning out for her.

    Steve57 (5a07a9)

  49. “I certainly understand the ramifications of my PRIVATE RECORDING DEVICES, and I’ve done NOTHING WRONG… NOT ONE SMIDGEN. The 18 and a half minutes of MISSING TAPE RECORDINGS were discarded and erased because they were MINE AND THEY WERE PERSONAL. RIGHT??? The deleted 18 and a half minutes were merely recordings of My Daughters wedding plans, and discussions about Pat’s CLOTH COAT, and EULOGIES of CHECKERS our beloved DOG.”

    Sincerely Richard M Nixon.

    Gus (7cc192)

  50. Steve57, BINGO. Rodham had no skills nor qualifications to be SEC STATE. None. She and Obama worked out a “hehehehehhe” Marriage of convenience. Remember? Convenience. Obama is not a SERIOUS LEADER,STATESMAN, nor a PATRIOTIC American. He is an IDEOLOGUE and MARXIST. Rodham is a disgusting power hungry, completely dishonest SHREW. If Obama gave a flying FOCK about our Security, and our NATIONAL DEFENSE. SNOWDEN would be dead, Bowe Bergdahl would be HEADLESS, and Rodham/Kerry would never have been anywhere close to POWERFUL positions. Kerry is a TRAITOR. Obama knows/knew this. Obama didn’t care. He agreed with Kerry’s ideology. LEFTISTS/MARXISTS/LIBTARDS et al, do not value CHARACTER nor INTEGRITY. In fact, they neither possess classic HONOR, nor do they recognize it. I’ll remind you, Stalin and Hitler once signed a mutual pact. This ENTIRE EPISODE of the SERVER, was COMPLETELY THE RESULT of RODHAM MANAGING HER POLITICAL FUTURE, and the purpose was to HIDE and MANAGE anything that could ever TAINT HER.
    “OH WHAT A TANGLED WEB WE WEAVE”.

    Gus (7cc192)

  51. “marked or designated”? Is that how people talk?

    Other than lawyers, I mean.

    Prepping the defense, I think.

    mojo (a3d457)

  52. I did not receive any material that was marked or designated classified

    Not sure where to do a better search, but iirc, if a gov’t official knows that something is in fact classified it must be treated as such even if it has not been marked classified.

    seeRpea (a7b697)

  53. seeRpea. “I did not have sex shoe all relations….with THAT WOMAN….Mizz Lewinsky”. The CLINTONS and their lack of CHARACTER nor INTEGRITY are not “COINCIDENTALLY LYING PREVARICATORS”. They are “handled” by PAID MEMBERS of their CRIME FAMILY. Saudi, Switzerland, Sweden, Kuwait, ON AND ON AND ON AND ON. The CLINTON CRIME FAMILY has taken MILLLLLLLLLLLIONS for FOREIGN GOVTS as Rodham played RESET and Drank her ugly azz around the world on OUR DIME.

    Gus (7cc192)

  54. Rodham is George Costanza. WAS THAT WRONG???? Only worse, this RANCID PIG, can no longer differentiate between RIGHT and WRONG. It’s sick.

    Gus (7cc192)

  55. The simple fact we’re even seeing this reported by the MSM means there are media peeps that loathe Hillary! as much as we do! If this was the degenerate 42, you would have a 12 second blurb on a Saturday broadcast, and never hear about it again. 42 was two middle fingers to the heartland; there seems some confusion on the left as to exactly what Hillary! will be.

    dee (6e4ad3)

  56. Gabe Malor, who is a lawyer, and who w*rks for the feds in DC takes her BS apart here. (about half way down)

    assuming that the ratio stays the same, where just over 5% of her emails had classified info, there’s going to be ~1500 or so. at a minimum, you have 4 violations for each one: failure to report unlabeled classified info, improper storage, accessing it with unauthorized devices and transmission over non-secure netw*rks.

    that’s a minimum of 6000 felonies, even before you get to destruction of records & obstruction of justice, and there are likely other violations i’m not aware of.

    hell, they threw the book at Petraeus for much less.

    redc1c4 (269d8e)

  57. and, lets not forget that destroying government records, which said e-mails are, is also a crime, so that’s one charge for each deleted e-mail as well…

    in a just world, or a nation of laws, she’d be toast.

    Obamaerica, on the other hand, is neither, so we’ll have to wait & see.

    redc1c4 (269d8e)

  58. 1. I’m not impressed by the breathless revelation that Platte River Networks kept the server in a BATHROOM!!!!eleventy!!!. Ninjas were not dispatched to physically access the server. This is the flipside to Hillary’s “it was in a building guarded by the SECRET SERVICE!!!!eleventy!!!” as though it was adequately protected from ninjas, which was never in dispute. The threat is of course electronic access or interception.

    Email security is not really that hard and can in principle be done at home by anyone with knowledge. The software required is free and off-the-shelf hardware is more than sufficient.

    2. If the server was “wiped” in any meaningful way it probably cannot be “unwiped” even by NSA. When I had to dispose of old hard drives I would remove the platters and heat them with a torch until they slumped, which was a 10 minute job. You don’t need to go that far. Free software exists that will overwrite your disk, at low level, with random ones and zeros as many times as you have patience for. Even wiping it with all zeroes is probably going to mean that NSA needs an atomic force microscope to try to salvage any of the bits you had on there, and reconstructing any files is pretty unlikely.

    However, while doing those things is irrevocable, it is not deniable.

    3. I’m amazed that Hillary thinks she can obfuscate her way out of this, insisting that she never sent anything “marked or designated classified”. It doesn’t matter that that may well be true (especially if she had her flying monkeys remove the markings/designations); if it IS classified she broke the law whether or not it was designated so–and she was the one with the ultimate responsibility to make the determination that material that is classified is so designated.

    I am surprised at my naivete back in the 90s but no matter how many times I look back at it I can’t see what else I could have concluded. I expected Bill then, like Hillary now, to issue lawyerly evasions that sounded like denials but when carefully parsed were merely factual, but misleading. So when he said “I did not have sex with that woman” I believed him. I expect lawyers to deceive and mislead, but not to lie. But in this case Hillary has deceived with the truth AND lied, so here we are.

    Gabriel Hanna (714388)

  59. And you are going to beat hillary with these jackasses? trump you!

    doom (6f0687)

  60. LOL @ #60

    Shrillery’s only hope is that she can get elected President, and be sworn into office, prior to indictment, so she can pardon herself…

    redc1c4 (269d8e)

  61. Is Hewitt the rino who picked bill’s wife to be the next president.
    Perhaps he should tune in Levin.

    mg (31009b)

  62. How appropriate for her to wear an orange jumpsuit at the presses.

    AZ Bob (524cba)

  63. wasn’t that what Nixon said: “The parties spy on each other all the time”?

    Remember. It actually wasn’t a break in to steal anything except inside
    information. Not money and not National secrets.

    Nixon wanted to know what dirty tricks the Democrats had planned so he could
    head them off. Just as they had recently done to the Republicans.

    Legally it was a burglary and it wasn’t even that that got Nixon in trouble.

    It’s that he tried to hide the fact that they were working for Nixon.

    You know. THE COVER UP. So they lied to Federal agents and in court. And then
    they lied about any records pertaining to the cover up. Which Nixon had in the
    form of tapes. (a system put in by the honest political broker Lyndon B Johnson)

    Once the committee investigating had the tapes, it was johnny bar the door.

    Gee. This all sounds sort of familiar doesn’t it?

    jakee308 (c37f85)

  64. So what does Kendall do when Hillary hands him the thumb drives? Give them back? Or is it too late for him? What does he have to know or suspect about them for him to be in trouble?

    Richard Aubrey (472a6f)

  65. Oh yeah, I forgot to add that the revelation about Hillary’s private email server led to a reopening of a FOIA case by Judicial Watch. The Federal judge in that case appears to have had enough of this BS and is fast tracking JW’s requests for discovery and depositions of State Department personnel.

    And there are already leaks that the old server’s hard drive may be partially recoverable. Which may mean the emails between Hillary and Huma could come to light.

    Xmas (35fdcf)

  66. Richard,

    It depends. If Kendall had a security clearance to handle top secret information he should have reported the security breach as soon as he realized there was top secret info on the thumb drive. Hillary is claiming he had that clearance.

    Otherwise, just handing the thumb drive to her lawyer was multiple crimes. And there is no way around this crime for Hillary. She is trying to claim lawyer-client confidential communication here, but passing top secret satellite photos to your lawyer is still a crime.

    Xmas (35fdcf)

  67. Is Hewitt the rino who picked bill’s wife to be the next president.
    Perhaps he should tune in Levin.

    Nice to see Levin fans who like shouting. Hewitt wrote a book about her. He also wrote one about Romney. Maybe you should read one.

    Mike K (90dfdc)

  68. and dick morris and laura ingraham thought she would be a sure bet, they didn’t consider other variables,

    narciso (ee1f88)

  69. Ah, no thanks Mike K – You have no clue what shouting is. Boo…

    mg (31009b)

  70. Is Hewitt the rino who picked bill’s wife to be the next president.

    I don’t think Hewitt picked her out of joy and happiness but based on a cynical, hardened view of the American electorate, born out by opinion polls dating back several years that have shown trashy Hillary (not to mention her husband) getting consistently and absurdly warm reactions from a large percentage of people. Even today, opinion surveys indicate her getting more support than any of the Republican candidates placed against her, including Trump.

    We have met the enemy (or mitwit), and he is us.

    Mark (24da9b)

  71. when even MSLSD is talking about criminal prosecution, you’re in deep guavno.

    redc1c4 (6d1848)

  72. Jumbo lobster roll says bill’s wife will not be president.
    {Knuckles and claw meat only}

    mg (31009b)

  73. 65. Richard Aubrey (472a6f) — 8/19/2015 @ 4:52 am

    So what does Kendall do when Hillary hands him the thumb drives? Give them back? Or is it too late for him? What does he have to know or suspect about them for him to be in trouble?

    Oh, he did worse. But go prove it.

    The thumb drives that exist now are not all the thumb drives that ever existed.

    Hillary’s lawyers first had to work through all of her e-mail. Perhaps they didn’t work from a backup. They negoitiated with the State Department what would be considered work e-mails and.or responsive to the subpoena of the State Department (at that staage she was not subpoenaed since nobody outside the State Department knew she had the only copies of her work e-mails.

    After they had selected what to turn over to the State Department, a copy of what they turned over was put on a thumb drive (or perhaps it was used to print them out) and the thumb drive plus two backups of the thumb drive, were retained by her lawyers, and all data not turned over, where you probably have strong evidence of criminal culpability, was deleted (although maybe secretly kept somewhere)

    The lawyers at some point later arranged for State Department permission to retain the records (under the assumption none were classified more than Confidential.) But at the same they were forbidden to hand it over to someone else voluntarily (or even under subpoena, accordiing to her lawyers)

    Sammy Finkelman (0f2215)

  74. One of my cherished memories of the Obama Years… teh deep and abiding concern for America’s security.

    Colonel Haiku (9e91a2)

  75. Most servers utilize a RAID array of hard drives, so if one drive crashes, it can be replaced and then replicated from the matching drive. So to “wipe” the server, you simply need to delete the unwanted files, and then remove and replace the hard drives (with new ones) one at a time. I suspect that not providing the FBI with the orginal drives would be illegal, but I wonder if this is something the FBI can detect.

    Bruce (baf98b)

  76. She’ll be in the Hampton’s for two weeks vacation ( read damage control) at a rate of $50,000 per week just for the rental. This is the thieving b!tch doom supports. What a dumbass!

    Rev. Barack Hussein Hoagie (f4eb27)

  77. #75: if she cannot produce the actual hard drives with the data intact, she’s guilty of destruction of protected government records, and it’s a charge for each individual record.

    so, if she can’t produce them, she’s in trouble, and, if she does, she’s in trouble.

    couldn’t happen to a moar deserving scumbag political hack and garden variety lying pig.

    redc1c4 (269d8e)

  78. “it was adequately protected from ninjas, which was never in dispute. The threat is of course electronic access or interception.”

    Physical access to a computer is also very important. It is very easy to subvert/take over/change the top-level passwords on a server if you have physical access to it for a few hours. This is why data centers have locked doors, cameras, and access cards (and the one my company uses has retinal scans).
    And every individual computer is in a locked cage, or a locked cabinet so it has to be individually accessed by the person with the right key.

    There are ways to make this activity harder – to set BIOS passwords and encryption – but when you do that to a server, you run the risk of total loss of data if you yourself lose that password, and so almost no one does it.

    It may seem like old-school spy movie stuff to gain physical access. But here it looks like you could get access to Hillary’s physical server just by visiting Platte Networks office and asking to use the restroom. That accessibility, too, is against the law.

    luagha (e5bf64)

  79. There are a couple of good articles up at Powerline.

    http://www.powerlineblog.com/archives/2015/08/the-loose-ends-accumulate.php

    http://www.powerlineblog.com/archives/2015/08/the-loose-ends-accumulate-part-two.php

    I’m only going to excerpt briefly from the first. Via Powerline, James Taranto in the WSJ is reporting:

    The Washington Times reports that when the State Department learned that Mrs. Clinton had copied classified emails onto a thumb drive, they didn’t seize it “but rather provided her attorney a special safe to secure the device.” And “some career State employees have now alerted the intelligence community to irregularities that they fear may hide from the public the true extent of classified information that passed through her personal account.

    That deal where the DoS provided Kendall with a safe rather than seizing the thumb drives leaps out at you if you ever had a clearance.

    – It would have been your duty to safeguard that information.

    – If Kendall needed something so basic as a GSA-approved safe, then that meant his office was totally unequipped to handle and store classified information in a host of other ways (security clearances, AIS accreditation, etc.)

    I’ve mentioned before that DoS is a member of the IC due to the fact that it’s INR is an intel agency. And they have career intel and security professionals working there. In fact, the Assistant Secretary of State for Intelligence is a career professional.

    Most of the things that were done, only the political appointees would do. Such as allow Kendall to keep the thumbdrives as soon as they became aware of them. Then continue to allow Kendall to keep them after they knew they contained classified, but only send over a safe.

    But then, no career intel or security professional would have aided or abetted the transfer of classified from secure systems to Hillary!’s home brew server in the first place, either. Only an appointee and loyalist would do that.

    So it looks like the Obama administration has a peasant revolt on its hands. The career State Dept. employees are rising up against the appointees.

    For the most part I have little use for the crowd at Foggy Bottom. I think they harmed US national interests more than anything (this Iran deal results in part from their anti-Israel bias). But those are the diplomatic folks. The Diplomatic Security Service Agents, Intel, and some of the Foreign Service Officers are great guys.

    But one thing those careerists are good at is DC infighting. The Cook County mob in the WH can’t beat them.

    Steve57 (5a07a9)

  80. Oh, ok, Jennifer Palmier. You’ve convinced me to vote for Hillary!

    http://thehill.com/blogs/ballot-box/presidential-races/251505-clinton-aide-on-server-she-didnt-really-think-it-through

    “I’ve encountered this a lot in politics where people think that the answers is a lot more complicated than it really is,” Jennifer Palmieri told co-host John Heilemann on Bloomberg Politics’ “All Due Respect.”

    “She’s answered this many times and she did have her own email account,” Palmieri said. “Others have done it before and it was just more convenient and she kept it like that.”

    “She didn’t really – that’s the thing, she didn’t really think it through,” she added of Clinton. “She has said, had she – she would have done it differently.

    Well, except for the lies about “others have done it before” and it’s about her having her own email account.

    No SecState has ever set up their own email server in their own basement before.

    But, I’ll take Ms. Palmieri at her word. Hillary! just didn’t think it through.

    Now, there’s a quality I look for in a presidential candidate!

    Let’s look at the timeline. She set up her home brew server in November 2008, after Obama announced he would nominate her (if I recall correctly, the day after the announcement). She became his SecState on 21 Jan 2009.

    After she got the job, she would have been indoctrinated into the world of classified information. Presumably she had some sort of clearance when she was on the Senate Armed Forces committee, as well. But no doubt she had a higher clearance as SecState. Part of her indoctrination would have included pounding it into her head the dire consequences, both to herself and the nation, of compromising classified information. Unless Her Highness blew it off she would have had annual training during her four year tenure as SecState.

    On top of that, unless again Her Highness blew it off, she would have had additional training as Obama’s designated original classification authority for the State Department. That would have included training on how to recognize information (not markings), INFORMATION, that required protection for national security purposes, at what level of classification, and dissemination controls. Plus she would have received additional training in the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure.

    Again let me remind you, four years of annual training in how to safeguard classified material from unauthorized disclosure and the consequence of failure to do so.

    And none of this made her think it through?

    Is this your final answer, Ms. Palmieri? Is this really the story the Clintoon campaign wants to go with.

    un-friggin’-believable.

    Steve57 (5a07a9)

  81. So, in addition to being incompetent, not thinking things through, the Hillary! campaign has additional personal qualities that are supposed to make her presidential material:

    http://hotair.com/archives/2015/08/19/hillary-spokesman-she-was-a-passive-recipient-of-unwitting-information-that-subsequently-became-classified/

    And

    http://hotair.com/archives/2015/08/19/latest-pro-hillary-spin-classifications-are-dumb-yall/

    Vote for Hillary! She’s passive, unwitting, doesn’t think things through, and not really all that concerned with protecting national defense information anyway.

    Well okey dokey. After all, it’s her campaign telling me this. I always wondered who the real Hillary! was. So if this is the real Hillary! I’ll take her campaign’s brain trust’s word for it. But I do have a couple of questions for them.

    – Isn’t her stance that we just shouldn’t be so rigid about adhering to classification markings just another example of Hillary! not thinking things through?

    I didn’t hear her raise this objection while she was a sitting Secretary of State and the Obama administration was rigidly adhering to classification markings while prosecuting people lower down on the food chain. In fact, she herself speechified about the importance of rigidly adhering to classification markings and safeguarding information accordingly when the Bradley Manning story was breaking. Perhaps she is just caught up in the heat of the moment, since the worm has turned and now she’s on the hot seat, and hasn’t really thought this through.

    – How exactly is the fact she’s passive, unwitting, and doesn’t think things through supposed to convince me she’s the smartest woman in the world?

    I think she passively and unwittingly didn’t think things through when she hired this freak show of advisers.

    Steve57 (5a07a9)

  82. Beldar is at this moment on the Hugh Hewitt show discussing whether David Kendall is protected given he received thumb drive! He expressed his concerns and disagreement Hewitt up thread.

    Dana (3b6ea2)

  83. Dana, here’s the five-and-a-half minute audio. It’s always fun to be on the Hewitt show, and he’s a gracious host.

    Beldar (fa637a)

  84. Ten years I’ve known your real name, but I had to hear Hugh Hewitt say “Bill Dyer” and “Beldar” in the same sentence to get it.

    nk (dbc370)

  85. Just listened. That was pretty cool. I like the way Beldar talks.

    Patterico (3cc0c1)

  86. @ nk (#85): Yeah, you didn’t hear any of my college friends say my name while we were planning a set of skits ripping off the then-current Saturday Night Live gags, including but not limited to the Conehead skits, in 1978. “Bill Dyer,” when you’re very drunk, comes out “Beldar” — and thus they’ve known me ever since.

    Beldar (fa637a)

  87. I listened to your interview and it made perfect sense. I also agree with Patterico that I like the way you talk. But how is defense counsel supposed to evaluate a case like Hillary’s — the evidence, issues, etc. — without seeing the emails?

    DRJ (1dff03)

  88. DRJ (#88): I’m glad you asked this — “[H]ow is defense counsel supposed to evaluate a case like Hillary’s — the evidence, issues, etc. — without seeing the emails?” — since I thought about this, and did some investigation, but didn’t have time to talk about it on Hewitt’s show.

    Defense counsel doesn’t take possession of the emails, nor review their contents, unless and until he or she gets appropriate clearance from the government to do so, and gets appropriate instructions from the government about how to safeguard those contents once given access to them.

    Because such lawyers’ clients have a constitutional right to effective assistance of counsel, the government almost certainly has an obligation to cooperate in and, indeed, expedite that process. That, I very strongly suspect, is how David Kendall and his partner Katherine Turner got the “Top Secret” email clearances that he referenced in his August 12th response to Sen. Ron Johnson — that is, I suspect Kendall and Turner got those clearances as part of their representation last year of former CIA director Gen. David Petraeus when he was indicted under the same federal statutes under which Hillary is now being investigated. The JAG and private pro bono lawyers for the Gitmo defendants have gotten the same sorts of accommodations in ongoing criminal prosecutions that necessarily involve — indeed, are based upon — sensitive national security intelligence that the CIA and Justice Department are justifiably worried might be leaked back to their clients’ comrades in Iraq, Syria, Afghanistan, Yemen, etc.

    (Note the careful, Clintonesque use of verb tenses in Kendall’s letter to Sen. Johnson. We’re back to parsing and arguing about what the meaning of “is” is, which is no surprise, given these players, is it?)

    But the fact that Kendall & Turner had clearances from a prior case (which might or might not have still been current — see Sen. Grasley’s August 14th letter inquiring about exactly that) — doesn’t mean that they, or Williams & Connolly LLC, or Hillary (who still presumably had such clearances, although why is an open question) took appropriate care in safeguarding that information. Kendall has had the thumb drive since late 2014. He didn’t notify the government of that until May or so of this year. It wasn’t until July that the government sent a team to install a properly secured safe in Williams & Connolly’s offices and check out their other physical security arrangements. In the meantime, his firm had made a pair of copies of the thumb drive. And a couple of weeks ago, the FBI demanded that all three thumb drives be returned, at the same time they insisted that Hillary turn over her server and they started probing into the activities of the Denver company that had done the domain-hosting for clintonemail.com on their servers located in a closet off the bathroom of a converted Denver residential apartment.

    I think that at a minimum, Kendall is now a material witness, an essential witness, in any factfinding proceeding inquiring into the subjects of who had access to these emails, when, with what security clearances, and with what physical and digital security. As a witness, he probably can’t continue as Hillary’s lawyer. Depending on what he knew — and as Gen. Petraeus’ former lawyer, and Hill’s and Bill’s lawyer going back to Whitewater in the early 1990s, he’s surely chargeable with tons of constructive knowledge — Kendall may himself be at risk of prosecution. (Real world, with an Obama DoJ, that may be a risk he and his partners have decided to incur; but I’d bet dollars to donuts they’ve demanded and gotten a massively broad waiver of malpractice and other liability, after conspicuous discloses of potential conflicts, from Hill & Bill.)

    Gotta give Kendall credit for enormous cojones: His W&C webpage bio begins:

    David Kendall has had a checkered legal career. His acquaintance with the legal process began when he was arrested several times (but convicted only once) in Mississippi during the summer of 1964 while attempting to register voters.

    He’d surely laugh at my interview with Hugh Hewitt today and taunt: “Come and get me!”

    But I wouldn’t do what he did. I think he shares his clients’ contempt for the Rule of Law.

    Beldar (fa637a)

  89. Beldar. The INFO on the THUMB DRIVE was ENOUGH to have the STATE DEPT, give KENDALL a SAFE.
    But the INFO wasn’t sensitive enough to keep it out of THE BATHROOM at a Mom and POT, (Pun intended) IT company in DENVER. The info was so sensitive that after YEARS of GOWDY demanding it’s release, the STATE DEPT found a need to secure…..WHAT WAS LEFT of it.

    Gus (7cc192)

  90. I think he shares his clients’ contempt for the Rule of Law.

    That large portion of the American populace, based on current ongoing opinion polls — in which, for example, not just scroungy Hillary but also Slow-Joe Biden lead prospective Republican candidates on the ballot, including Donald Trump — apparently reflect a certain level of contempt for honesty, integrity, intelligence and a US that isn’t headed in the direction of becoming the world’s biggest banana republic, meaning a society that respects the Rule of Law.

    With changing demographics, such trends are going to become worse and worse.

    Hey, United States of America, you were nice while it lasted.

    Mark (e187ae)

  91. Perhaps it’s the first time the sender isn’t being legally prosecuted for the emails?

    htom (4ca1fa)

  92. Beldar,

    Kendell’s letter certainly leaves one with a lot more questions than answers.

    The first thing you need to know is that access = clearance + need to know (ntk).

    If Kendall had a clearance to work on the Petraeus case, he would have been granted a clearance from the Department of Defense, not the Department of State, as the classified materials in question where the commander’s briefing books from his time in Afghanistan. That classified material belonged of course to DoD.

    So the DoD would have granted him his clearance to give him access to the information he needed to know to prepare Petraeus’ defense.

    Yet the 12 Aug letter says that both he and law partner Katherine Turner had Top Secret clearances from the Department of State. When did they request those clearances based on this ntk, because they were Hillary Clinton’s attorneys, and when did the DoS grant them these clearances?

    Did Turner also defend Petraeus, and therefore also have a DoD clearance?

    Because they really should have had those DoS TS clearances prior to 5 Dec 2014 when they delivered the paper documents to DoS. They would have needed them well prior to review the documents and print them.

    But according to the letter no classified information was discovered in the trove of emails until 22 May, 10 June, and 31 Jul.

    Again, the fact that Kendall does not mention when the DoS granted his law partner and him their TS clearances is glaringly obvious by the absence of this basic but vital fact.

    There could be a very simple explanation for this. That both Kendall and Turner had TS clearances to represent Petraeus, and the DoD transferred the clearances to DoS (assuming it had not expired between the end of Petraeus’ trial in March and the discovery of classified in April) with the discovery of the classified.

    But on the other hand I’ve never bought Clinton’s public story. There is no way she could have thought she could accept the position of SecState and use only one account and not discuss classified on that account. She was after all on the Senate Armed Services Committee. I don’t see how that could be, and she would not have had some sort of clearance.

    Which would have made it all the more vital that the server be entirely in her evil clutches. Not only was she trying to keep the information away from her boss, Congress, FOIA requests, and the National Archivists, she would have known there was classified on it.

    So it certainly will shed some light on the matter when/if Kendall answers Grassley’s questions.

    Also, why on God’s green Earth did they leave the thumb drives with Kendall? He says in his letter that only he and Turner had access to the safe. Why access it at all? To look at a thumb drive? One thumb drive looks like another. You can’t see anything until you put into some PC or laptop. And if he had been briefed on security he would know he could not put that thumb drive in any of his office computers. Especially if they were networked (and what office computers aren’t) and connected to the internet (and what office computers aren’t). In fact, he should have had no office computers or an IT system of any kind.

    It should have all been seized along with the thumb drives as government property. That’s what happens when you process classified material on your own devices. The data is Uncle Sugar’s, and now so is your hardware.

    Did they ever actually insert the thumb drives into their office computers after being informed those media contained classified material? That would be a serious violation.

    Did they save any of those emails to a file on their PCs, or did they make and keep any hard copies of those emails?

    Also, Kendall says when classified was discovered (the use of the passive voice irritates me, but I understand he wants to leave who did what when as obscure as possible) on 22 May, 10 Jun, and 31 July his law firm consulted with DoS and “took appropriate measures to ensure the security of the newly classified information.”

    If they requested clearances from the DoS before any of the above dates, that in my eyes would shatter the notion they had no idea before then that they possessed classified.

    There would have been no way to justify a need for a clearance, and no one would grant a clearance, unless you could demonstrate an actual need for access to classified. There are no “just in case” clearances.

    When did this consultation take place? On 22 May? Who initiated the contact? How many consultations were there? And what were the specific measures that someone hallucinated was adequate to store any level of classified between 22 May and 8 July?

    That’s when the only appropriate measure for any level of classified was delivered to the law office. A GSA-approved safe.

    Steve57 (5a07a9)

  93. * assuming it they had not expired between the end of Petraeus’ trial in March and the discovery of classified in April May

    Steve57 (5a07a9)

  94. Steve57: Yup, yup, and triple-yup.

    Kendall admits he made two copies of the thumb-drive. Pretty hard to do that without plugging it into another computer, huh?

    To me, the most significant thing about his prior representation of Gen. Petraeus has year is: That means he had no earthly excuse not to know everything you just wrote, and all the laws and regulations that are behind all that. All of the various federal criminal statutes, including the one Hugh mentions frequently on his show (18 U.S.C. section 1924) seem to include “knowledge” requirements — that is, to be guilty you have to know the information was classified (although not necessarily that what you were doing with it is prohibited; the law imputes knowledge of that to everyone, ignorance of the law is no excuse, etc.).

    That’s of course why Hillary!’s public statements defending herself have narrowed and narrowed down from “There was no classified information” to “It wasn’t marked classified when I got it.” But as you (here) and others (elsewhere) have repeatedly pointed out, everyone with clearances surely must know, David Kendall absolutely positively had to know, and the MSM has pointedly ignored, whether something’s marked already doesn’t mean it isn’t classified. People with access can’t presume that, and certainly people at the level of the SecState must be expected to be routinely furnished with very top-level urgent information that may not yet have even hit print, much less had a chance to be formally vetted and marked.

    Information like: The American ambassador to Libya isn’t going to be at the embassy in Tripoli on Sep. 11, but instead at the annex in Benghazi. (To pick one rather spectacular but entirely plausible hypothetical example of something that might have crossed Hillary’s email server and its Denver-based domain host as part of clintonemail.com traffic.)

    Beldar (fa637a)

  95. “Gen. Petraeus has year is” –> “Gen. Petraeus last year is” … Beware early-morning proofreading.

    Beldar (fa637a)

  96. Great job, beldar, don’t worry autocorrect does that:

    http://www.reuters.com/article/2015/08/21/us-usa-election-clinton-emails-idUSKCN0QQ0BW20150821

    narciso (ee1f88)

  97. Thank you. Excellent comments.

    DRJ (1dff03)

  98. Hillary’s ship is going down and it looks like al-Reuters wants off – rats do that.

    ropelight (61d9bf)

  99. So if Hillary! is out, who will be the democratic/socialist candidate for Head Liar of the United States? Somebody’s got to be in charge of the criminal organization known as the democrat party. How about Michelle O’? Kind of like an African American Jackie O’. Then we could enjoy TWO billion dollar Obama Libraries!

    Rev. Barack Hussein Hoagie (f4eb27)

  100. Uncle Joe Biden and the red squaw, Elizabeth Warren.

    ropelight (61d9bf)

  101. Let’s hope someone in the FBI and DOJ has as much common sense, and integrity as Steve and Beldar.

    JD (34f761)

  102. I don’t think so, ropelight. Biden’s a doofuss and Warren is a provable liar like Hillary!. Why trade one for another. Sander’s can’t win because he’s honest enough to actually say he’s a socialist. Unlike both Hillary! and Fauxahontas who are worth untold millions but who “stand up for the little guy”. The only people those two liars could fool is a dumbass like doom.

    Hey, wouldn’t it be a gas if after all this promotion Trump switched to democrat to run? He’s been a dem more than a Republican so it works. He doesn’t need a third party all he needs is to revert back to his original party.

    Rev. Barack Hussein Hoagie (f4eb27)

  103. Obama knows his legacy of fundamental transformation will require more time to complete than he has remaining in office. He also knows the Clintons have their own legacy to burnish which will come at the expense of sabotaging and neglecting his.

    Consequently, he is secretly behind the ongoing dismantling of Hillary’s candidacy. If Obama wanted to protect her he’d have the Department of Justice open an investigation and then stonewall any inquires with the standard dodge: “Sorry, I can’t comment on an ongoing investigation.”

    Obama wants Joe Biden in the Oval Office because he’s already part of Obama’s legacy and can be relied on to continue marching faithfully to the beat of the same drum. Elizabeth Warren is so far left she’ll go along with the transformational master plan and bring the women’s vote with her.

    So, all Obama has to do is elbow Hillary out of the race without leaving any fingerprints and then embrace Joe and Elizabeth as worthy successors.

    ropelight (61d9bf)

  104. On today’s Morning Joe, Mika Brzezinski and Joe Scarborough repeatedly tried to get Jeremy Peters to state whether he agreed with the federal judge who yesterday declared that Hillary had not “followed government policy” regarding her email. After haplessly trying to do anything but answer the question, an exasperated Peters finally sputtered: “you want, you want me to indict and damn Hillary? I’m not going to do that.”

    – See more at: http://newsbusters.org/blogs/nb/mark-finkelstein/2015/08/21/nyt-reporter-you-want-me-indict-and-damn-hillary-clinton-im-not#sthash.gCXge5QC.dpuf

    This is what we’re up against. The media is a willing participant in the lies and deception that is the left, Hillary! and the current democrap party.

    Rev. Barack Hussein Hoagie (f4eb27)

  105. Obama wants Joe Biden in the Oval Office because he’s already part of Obama’s legacy and can be relied on to continue marching faithfully to the beat of the same drum.

    Well, yeah, but The Wookie can do that and carries the family name, is black, is rumored a woman, is a lying leftist, is a socialist and they can reuse the Obama signs and literature. Then he can put Hillary! in as vice pres. to get the lesbian and trans gender vote. Make Biden Sec State a perfect position for a man of his intellect. Warren for Education Sec.

    Rev. Barack Hussein Hoagie (f4eb27)

  106. college friends say my name while we were planning a set of skits ripping off the then-current Saturday Night Live gags, including but not limited to the Conehead skits, in 1978. “Bill Dyer,” when you’re very drunk, comes out “Beldar” — and thus they’ve known me ever since.

    Ah, yes. I remember guys in the dorm loving the Coneheads.
    So now we all know.

    MD in Philly (f9371b)

  107. Beldar, don’t forget this statute. I’ve never heard HH mention it, but I think it’s far more applicable to this case.

    18 U.S. Code § 793 – Gathering, transmitting or losing defense information

    Particularly:

    (f) 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.

    Note there is no need to prove intent. Just gross negligence, and this entire episode reeks of gross negligence.

    Steve57 (5a07a9)

  108. I’m not an attorney, but don’t Clinton’s continued attempts to joke about loving snapchat because
    “those messages just delete themselves” and wiping a server clean with a cloth show a completely cavalier attitude toward the safeguarding of classified.

    As if the whole thing is a laughing matter.

    I’m not the smartest guy in the world but I know when to shut up. Which is why I suppose I’m not a politician.

    Steve57 (5a07a9)

  109. It’s a good thing she’s been test driving prison-orange clothes.

    I wouldn’t let her work in the kitchen. Maybe landscaping or janitorial work.

    ‘Born classified’: Hillary Clinton’s best argument in the email scandal just got destroyed

    For months, the US State Department has stood behind its former boss Hillary Clinton as she has repeatedly said she did not send or receive classified information on her unsecured, private email account, a practice the government forbids.

    While the department is now stamping a few dozen of the publicly released emails as “Classified,” it stresses this is not evidence of rule breaking. Those stamps are new, it says, and do not mean the information was classified when Clinton, the Democratic front-runner in the 2016 presidential election, first sent or received it.

    But the details included in those “Classified” stamps — which include a string of dates, letters, and numbers describing the nature of the classification — appear to undermine this account, a Reuters examination of the emails and the relevant regulations has found.

    The new stamps indicate that some of Clinton’s emails from her time as the nation’s most senior diplomat are filled with a type of information the US government and the department’s own regulations automatically deems classified from the get-go — regardless of whether it is already marked that way or not.

    In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department’s own “Classified” stamps now identify as so-called ‘foreign government information.’

    Read more: http://www.businessinsider.com/r-exclusive-dozens-of-clinton-emails-were-classified-from-the-start-us-rules-suggest-2015-8#ixzz3jTHgCMJG

    Well effin’ duh!

    This is why I’ve been saying since this story broke that if I were a foreign head of state I would stop all information sharing with the USG until they demonstrated they were serious about safeguarding that information.

    – For Hillary! to claim that the information in her emails was not classified when she received it, it would have to fall into some new, previously unheard of category of information.

    – Hillary! is not bright nor innovative enough to invent or discover such a category of information. If she were, she’d have at least a single positive achievement to her name.

    – WTF else does anyone think the DoS traffics in as its main line of work? This is how stupid her excuses have been. From the E.O. written by her own husband back in 1995:

    http://fas.org/sgp/clinton/eo12958.html

    EXECUTIVE ORDER 12958

    CLASSIFIED NATIONAL SECURITY INFORMATION

    This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information. Nevertheless, throughout our history, the national interest has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, and our participation within the community of nations. Protecting information critical to our Nation’s security remains a priority. In recent years, however, dramatic changes have altered, although not eliminated, the national security threats that we confront. These changes provide a greater opportunity to emphasize our commitment to open Government.

    NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
    PART 1 ORIGINAL CLASSIFICATION

    Section 1.1. Definitions. For purposes of this order:

    (a) “National security” means the national defense or foreign relations of the United States.

    (b) “Information” means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. “Control” means the authority of the agency that originates information, or its successor in function, to regulate access to the information.

    (c) “Classified national security information” (hereafter “classified information”) means information that has been determined pursuant to this order or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

    (d) “Foreign Government Information” means:

    (1) information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence;

    (2) information produced by the United States pursuant to or as a result of a joint arrangement with a foreign government or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or

    (3) information received and treated as “Foreign Government Information” under the terms of a predecessor order…

    It’s right there in section 1.1 of the E.O. concerning classified national security information.

    And she’s been trying to convince everyone that this information wasn’t classified when she received it? It’s been classified since, like, the founding of the country. The E.O. her husband Billy Jeff wrote 14 years before she ever became SecState was just another in a long string of reminders of that fact.

    This is an incredibly stupid, venal woman.

    Steve57 (5a07a9)

  110. …This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be “presumed” classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters.

    …”If a foreign minister just told the secretary of state something in confidence, by U.S. rules that is classified at the moment it’s in U.S. channels and U.S. possession,” he said in a telephone interview, adding that for the State Department to say otherwise was “blowing smoke.”

    Hillary! isn’t the only incredibly stupid, venal, and incompetent one involved. Which is why I still insist this is an Obama administration scandal. They are complicit in this.

    This is a huge story. But it also is entirely expected. These people who have been covering for Hillary! actually thought they could cover this up?

    They actually thought they could cover up the fact that the DoS routinely, in fact must, deal in foreign government information. That information is classified. If we didn’t agree to classify that information, and safeguard it at an agreed upon level of classification, we wouldn’t get it. The spigot would be turned off.

    Everyone knows this. Everyone who ever held a security clearance in their life knows this, and I’m sure many if not most people who never held a security clearance understand it as the commonest of common sense.

    Hillary! had only one email account, her own private server, on which she conducted all her business.

    And the DoS, and by extension the Obama administration, thought they could lie and cover up what everyone with a brain knew must be inevitably true, what had to come out.

    That’s the huge story. Not that classified foreign government information was on Hillary!’s server. That was always a given. It’s that the Obama administration thought they could lie to our faces about it and cover it up, as if we’re all court toadies and throne sniffers mesmerized by Prom Queen like Tingles or Stephanopolous who’ll believe the words out of Obama’s mouth before he’ll believe a dictionary.

    Steve57 (5a07a9)


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