Criminal Inquiry Sought Over Hillary Clinton's Personal Email Server 434
cold fjord writes: The Wall Street Journal is reporting that Inspectors General from the State Department and intelligence agencies have asked the Justice Department to open a criminal investigation into Hillary Clinton's use of a personal email server while she was U.S. Secretary of State. At issue is the possible mishandling of sensitive government information. Dozens of the emails provided by Hillary Clinton have been retroactively classified as part of the review of her emails as they are screened for public release. So far 3,000 of 55,000 emails have been released. The inspectors general found hundreds of potentially classified emails. "The Justice Department has not decided if it will open an investigation, senior officials said. ... The inspectors general also criticized the State Department for its handling of sensitive information, particularly its reliance on retired senior Foreign Service officers to decide if information should be classified, and for not consulting with the intelligence agencies about its determinations."
Felons (Score:4, Interesting)
Felons are barred from running for the office of President, correct?
You can be a lawyer who has been disbarred, though.
Re: (Score:3, Insightful)
Hilary's team has been running the latest DOD Wipe algorithms on that server non-stop for months now.
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Felons are barred from running for the office of President, correct?
If I remember the ending of Eddie Murphy's 1992 comedy The Distinguished Gentleman correctly, and I'm pretty sure I do, they are not. And I dare you to come up with a better citation than that!
Re: (Score:3)
Nope. You can legally be disbarred from being able to vote, and if you manage to win the presidency you can take office. Consider that a number of Governors and Mayors have been felons from in-office corruption convictions and still won re-election!
Requirements to be President are laid out in the constitution. As such, additional requirements are very likely to be considered unconstitutional unless placed into an amendment, like the 2 term rule.
1. Native-born US citizens (being here when the country was
Re:Felons (Score:4, Informative)
Correct, but there are other prohibitions against holding such an office depending on the crime. Most people have forgotten about USC Title 18, Part 1 Chapter 101, Section 2071 [cornell.edu], specifically paragraph b which says:
In theory, Hillary has already committed an act which if convicted for would disqualify her for any future public office... now actually prosecuting her for that is a separate and rather unlikely matter.
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In theory, Hillary has already committed an act which if convicted for would disqualify her for any future public office... now actually prosecuting her for that is a separate and rather unlikely matter.
The quoted law would probably be found not applicable for public, IE elected, office by reason of unconstitutionality. Remember, term limits hasn't been successful outside of the amendment with the POTUS.
The intent is that you can't just DQ your opponents from public office with targeted laws, but the practical effect is that as long as you're not actually in prison, you can take office no matter your criminal record.
Re: (Score:3)
Nope. There are exactly six qualifications you must meet to be elected President: a) You must be a native born citizen of the US b) you must be at least 35 years old c) you must have been a resident of the US for at least fourteen years d) you can't have engaged in rebellion against the government of the US e) you can't have been impeached by Congress and f) You can't have already served two terms as President.
Re:Likely misdemeanor mishandling of classified in (Score:5, Insightful)
Ask yourself: "What would happen if I were employed in the federal government and mishandled government data in this same manner?"
I have a feeling the answer would be much harsher than what Hillary will get.
Re: (Score:2, Insightful)
Re:Likely misdemeanor mishandling of classified in (Score:4, Insightful)
I work for a defense company subject to ITAR regulations.
If I did what she did, I'd be fired...escorted out by security.
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I doubt Hillary will get anything, as this is 100% politically motivated.
The only way I could see this as being politically motivated is if Hillary asked the Obama Administration to launch an inquiry in order to find her 100% clear of the charges, so as to remove that bugbear from the debate in the future.
Re: (Score:2)
I'm sick of seeing Hilary as an election trojan horse for the Democrats. I'll be glad if the DoJ launches an investigation on emailgate. If they find something that kills her candidacy, best do it before the Democrat National Convention. If not, there's no chance any Republican in the clown car will beat Hilary.
Re: (Score:3)
Actually it's the New York Times fucking up.
The word "criminal" doesn't appear [politico.com] anywhere in the actual paperwork, and the DoJ says it has nothing to do with Hillary's actions. To quote politico quoting the Times:
The paper initially reported that two inspectors general have asked the Justice Department to open a criminal investigation "into whether Hillary Rodham Clinton mishandled sensitive government information on a private email account she used as secretary of state."
That clause, which cast Clinton as the target of the potential criminal probe, was later changed: the inspectors general now were asking for an inquiry "into whether sensitive government information was mishandled in connection with the personal email account Hillary Rodham Clinton used as secretary of state."
It seems like the Inspectors General are interested in why some of Hillary's emails were marked unclassified, and turned over to the public, by the State Department. While this is an investigation of a fuck-up, it is a) technically not criminal, and b) is not an investigation of Hillary Clinton.
Which
Re:Likely misdemeanor mishandling of classified in (Score:5, Insightful)
Similar to sibling, I have previously worked for a defense contractor, subject to similar regulations... and among my duties, I was the primary sysadmin on the email MTAs (both the company and the DoD/DLA-owned ones).
If I would have merely seen someone in the company do what the Clintons did, and had not reported it? I would have immediately lost my IT-1 clearance, gotten fired on the spot, my employer would have probably been kicked off the contract, then we'd both be blacklisted from any further DoD consideration.
If I had done it myself? Getting fired would have been the least of my worries.
Re: Likely misdemeanor mishandling of classified i (Score:3)
The law requiring official records to be retained for future reference and use was, like all statutes, passed by Congress and signed by the President. HRC also fired an ambassador for keeping email on a non-government server, so she knew what the rules were. She just didn't think she should have to follow them -- and the Obama DOJ apparently agrees that she is too good for our laws to apply to her.
Re: (Score:3)
Re:Likely misdemeanor mishandling of classified in (Score:5, Informative)
Actually, Richard Armitage outed Plame.
Re:Likely misdemeanor mishandling of classified in (Score:4, Funny)
Such a parade of ignorance.
Go figure the AC was the one to get it right.
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Re:Likely misdemeanor mishandling of classified in (Score:4, Insightful)
Re:Likely misdemeanor mishandling of classified in (Score:5, Insightful)
Re: (Score:2)
"How about we make this about anyone breaking rules, D or R, gets punished."
Looks like that may yet happen in this instance.
Re: Likely misdemeanor mishandling of classified i (Score:3)
And then they were found...
Oh, and the 'private' email server was so that Republicans could conduct party (political) business OFF the federal servers. Hillary had a private server to keep all her OFFICIAL emails off government servers - by design - remember the 'gosh, I only did it so I would only have to carry one device' claim?
Re:Likely misdemeanor mishandling of classified in (Score:5, Insightful)
Anything she gets will likely be harsher than Karl Rove managed to get for outing Valerie Plame.
All of this has been done before. Complete BS if she gets harsher treatment than the previous administration. I agree that we need to clamp down on the problem, but some retro activity would be nice as well.
So basically what you're saying is that you'd like to see the Obama Administration sink the same level as the Bush Administration when administering justice? Wouldn't it be better if Obama's Justice Department did the right thing and set the bar high for future administrations? Or is this just a case of "Their team got the kid gloves treatment, so mine should get it as well?"
Re:Likely misdemeanor mishandling of classified in (Score:4, Insightful)
Re: (Score:2, Troll)
You are correct in that I would like to see both administrations take some heat over their actions. As radical as the idea is, I feel both Administrations should have to answer for war crimes.
I still feel that under the current Administration, the adage goes, if the they did it, I can too. That seems to be Obama's mantra so far. I feel an election of Jeb Bush or Hillary Clinton will be a continuation of this idea.
Re:Likely misdemeanor mishandling of classified in (Score:5, Interesting)
Scooter Libby got 30 months in federal prison, a fine of $250,000, and two years of supervised release, including 400 hours of community service.
Fair? Will Hillary face the statutory minimums for her transgressions?
Re: (Score:3)
No he didn''t..lol..
Libby was charged and convicted for crap surrounding the investigation not outing plame. That wa Richard Armatage and it was known from the start of the investigation.
FFS, it's all over the internet and any reference site you wish to pick. Wikipedia, for all it's worth, even cites references. I cannot understand how in this day and age anyone would get this so wrong when it's so easy to do a cursory investigation into the matter.
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Anything she gets will likely be harsher than Karl Rove managed to get for outing Valerie Plame.
All of this has been done before. Complete BS if she gets harsher treatment than the previous administration. I agree that we need to clamp down on the problem, but some retro activity would be nice as well.
User 1 makes a statement that points out an injustice committed by a candidate of Political Party "A".
User 2 jumps in to claim that Political Party "B" had a worse injustice.
This situation plays out the same in comment threads across the internet. Switch the roles either way you want. A or B = Democrat, the other = Republican.
User 2 attempts to marginalize the injustice by claiming that party A did the same thing and received equal or less punishment than what is being suggested this time.
But who
Re: Likely misdemeanor mishandling of classified i (Score:3)
Will of the voters, you say? Elections in the US do not provide us with that information. People don't want to throw away their vote, so most vote against the worst instead of for the best.
I suggest watching some of this series: http://www.cgpgrey.com/politic... [cgpgrey.com]
Re:Likely misdemeanor mishandling of classified in (Score:5, Insightful)
Re:Likely misdemeanor mishandling of classified in (Score:5, Interesting)
Nor is blatantly ignoring records retention laws.
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What does that have to do with being president?
Re:Felons (Score:4, Interesting)
Attorney and lawyer are oftentimes used interchangeably but there is a difference. A lawyer is someone who has studied law. An attorney is someone who practices law. You're allowed to practice law in any jurisdiction in which you've passed the bar exam.
As a lawyer you are qualified to give legal advice but you need to be an attorney to represent others.
Obama's Justice Dept. will get right on it (Score:5, Insightful)
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As if any Justice Dept in the last 30 years has been effective.
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Re:Obama's Justice Dept. will get right on it (Score:5, Insightful)
Hell, even if the Obama administration were to prosecute or less likely convict Clinton, Obama would probably pardon her. I dont know if that's more or less sad that that the media would dismiss it, and that millions of intellectually lazy would still be happy to vote for her.
Re: Obama's Justice Dept. will get right on it (Score:3)
"He was sentenced by U.S. District Judge Gerhard Gesell on July 5, 1989, to a three-year suspended prison term, two years probation, $150,000 in fines, and 1,200 hours of community service. North performed some of his community service within Potomac Gardens, a public housing project in Southeast Washington, D.C."
Are you arguing his unjust conviction was fair?
I'm not even sure his fine was returned, but no matter, he did his community service.
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Considering that she ran against him in the last election and she's far from his favorite candidate, I would not rule it out. Not only could he hit an internal opponent, he could also claim that he's not playing favorites by pushing a through investigation against a democrat.
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I think you misread the level of hatred between the Obamas and the Clintons.
It's widely recognized within the Beltway.
Now, whether this is just a validation of that, or (wheels within wheels) a prophylactic action by a Democratic president "against" the putative Democratic candidate that's actually intended to protect her by locking the whole story up before the Republicans make it a daily talking point "I'm sorry, nobody can comment on that from the US gov't as it's an 'official' investigation...", well, y
Yep, keep searching (Score:2, Funny)
Re: (Score:2, Insightful)
While the parent comment is funny, I wouldn't be surprised if republicans actually believed this. They seem to spend all their time focusing on pet conspiracies, while ignoring the real problems facing the USA. The party has successfully reinvented themselves from being "conservative", to "batshit crazy" and their entire existence revolves around defeating the democrats (when they're not attacking each other).
Actually managing the country seems to be very far down on their priority list.
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They have whipped their base up into a rabid mob, there is little else they could do to get their attention besides demanding that she be burned as a witch
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The email the republicans are looking for is the one calling for a force reduction at the embassy. This happened, so the question is, who called for it and why. This question has never been answered. Why was the embassy in a hostile country left undefended in the middle of a riot?
Re:Yep, keep searching (Score:5, Informative)
Re: (Score:3)
You might wanna check that source of yours... (Score:2)
Its screw cap is loose and its conjunction fallacy [wikipedia.org] got spilled everywhere.
Re: (Score:3, Insightful)
As a republican I really dont care *what* is in those emails. It does show however a total disregard for the laws of our country. Those things apply to other people not her. What I said is also true. Nothing will happen to her other than maybe a bit of a dip in the polls. People will justify what she did as 'ok'. She has a long history of it.
Oh boy (Score:5, Funny)
This one is going to generate a thoughtful, nuanced discussion.
What bothers me (Score:5, Insightful)
Whether we'd actually done anything wrong or not, if one of us little people had pulled such a stunt we'd be rotting in jail awaiting trial for destroying evidence, not running for president.
Re:What bothers me (Score:5, Insightful)
She has already been caught deleting emails relevant to State Department. One of her friends (Sydney Blumenthal) turned over emails in another investigation from Hillary and they were not in what she disclosed to Congress. She claimed deleted emails had to do with a wedding or yoga class.
So she illegally ran a private email server.
Deleted requested emails after a subpoena for them.
Emailed classified information from an unsecure server to Sydney.
Lied to Congress about it.
Those above have been proven and no one is questioning that they happened. What they are questioning is if doing the above is wrong/illegal and if something should be done about it.
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Right, They have her on contempt of Congress for certain and possibly purgery, if they want to push it. But politically speaking that won't necessarily keep her out of the race and would look FUCKING TERRIBLE if the GOP tried to pull that stunt.
I don't know if they could get her on obstruction of justice at this point because I don't know if a congressional investigation counts.
Re:What bothers me (Score:5, Funny)
While many would no doubt like to purge her, I suspect they really would prefer she get nailed for perjury....
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Furthermore, she only turned over printed versions of (a subset of) her emails and then claimed that was sufficient. I bet that she didn't print out the email headers, which are an important part of the email. Also, what about binary attachments (Word documents, etc)? Were those even included? There is a lot of potentially important information in a Word document that won't show up in a printed document.
So, in short, even if you play by her rules as to whether she satisfied her record-keeping requiremen
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So she illegally ran a private email server.
Actually, her use of a private email server was legal. The requirement that email servers for official government business must be on a government server was an amendment to the Federal Records Act that was passed in late 2014, *AFTER* Clinton had resigned as secretary of state. It's worth noting that previous Sec of States, including Colin Powell, also used private email servers (legally) for government business although the RNC-hosted services "lost" all of his emails so we'll never see what thoughts we
Re: (Score:3)
Well, that and the word (or actions) of Sidney Blumenthal who turned over work emails which she didn't. Oops!
Your information is out of date, from http://www.wsj.com/articles/in... [wsj.com]
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they're just paving the way for a real progressive candidate.
Bahahahahahahahahahahhahaahhahahahahahahh *choke* *wheeze* *giggle*
That's precious. There's no way Sanders wins the Democrat nomination for POTUS, even if Hillary gets knocked out of the race. The Powers That Be would smother Sanders with campaign spending against him before that point.
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Your information is out of date: http://www.wsj.com/articles/in... [wsj.com]
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.. all at the behest of the tinfoil industry.
Re: (Score:2, Troll)
Keep in mind the NSA is the same organisation that should, and probably did, know about the planned 11 September 2001 attacks in the United States of America but refused to share the intelligence with any other government agency or department.
You're an idiot. GWB was warned in august in the National Security briefing. He decided to ignore the memo.
I work in this field. (Score:5, Informative)
I personally process and load emails for law firms to review.
I can tell you the following:
Hillary's actions were legal at the time and followed all the rules.
They were also unethical.
The rules have now been changed, so that what she did would now be against the rules.
Her emails almost certainly contain nothing incriminating. She is a smart women that has a lot of experience dealing with scandals and knows exactly what not to do.
They probably contain something personally embarrassing - at least a little bit. Anyone that's ever looked over people's emails know you see stuff - dirty jokes, inappropriate websites, angry emails with profanity, etc. Remember it's not just what she wrote but what other people's wrote to her.
It's obvious why she did what she did. But it's also obvious that if she were of stronger moral character, she would not have done it. She would have taken the slight chance that someone would find something embarrassing and accepted it as part of being a political figure. Because the coverup is always worse than the crime - even when no crime was committed. By giving her enemies this opportunity - where she ACTUALLY did something unethical - she has taken more damage than anything they were likely to have done by uncovering whatever they could find.
Re: (Score:3, Interesting)
Her emails almost certainly contain nothing incriminating. She is a smart women that has a lot of experience dealing with scandals and knows exactly what not to do.
Actually, I'm guessing Hilary did the private email setup to conceal her communications vis a vis her husband cutting deals for his foundation, and what she directed state department personnel to do afterwards. If she "really" was a smart woman with a lot of experience dealing with scandals, she wouldn't have been running a private email server at her home. It alone should be a strike against voting for her as POTUS; the problem is we don't know who's going to roll out of the Republican clown car for the
Re: I work in this field. (Score:4, Interesting)
With regard to her Husband: He would have been convicted and jailed as a sexual predator if he had been the executive of a private corporation. The rules regarding sexual practices with subordinates are well defined. Unless you are the head Democrat. Then, the feminists will have your back.
Mishandling Sensitive Material? (Score:2)
Let's be honest here, the only people mishandling sensitive material is the current government. Clinton wasn't hacked, but our Governments has been. She hasn't leaked any info out while our current government has. While what she did might of been wrong, it seems her stuff was in better hand then others. Not to mention the CIA spying on the Senate and other members of our Government.
If you want a safe mail server, you have to host it yourself.
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Clinton wasn't hacked
And just how do you know that for sure? Serious, professional government intelligence services don't brag about successful hacking by posting about it on Facebook. Only kiddies do that.
So we have no way of knowing if Hilary had any top secret (or above!) information on that mail server, or if it made it into the hands of the intelligence services of foreign, hostile governments.
Re:Mishandling Sensitive Material? (Score:5, Informative)
Since no one was allowed to audit the email server, we will never know if it was in fact hacked as Hillary is hardly an IT expert.
http://politics.slashdot.org/s... [slashdot.org]
Also, the server apparently was horribly misconfigured.
Mailbox (Score:2, Interesting)
Why isn't the investigation into how someone got appointed Secretary of State and no one thought to create an email account? The fact that months in nobody said "Hey, why doesn't she have an email account?" strikes me as odd. That no one sending her emails rose a red flag saying "why don't you have a government email?" strike
Re:Mailbox (Score:4, Insightful)
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Do you have a link to this information? As far as I understood it, she like every other employee was given an email address, she just never bothered to log into it.
WSJ is incorrect in title, implication (Score:5, Informative)
"Late Thursday night, the Times published a story claiming that the Justice Department had been asked "to open a criminal investigation into whether Hillary Rodham Clinton mishandled sensitive government information on a private email account," only to quietly change the story to say that the Justice Department had been asked "to open a criminal investigation into whether sensitive government information was mishandled in connection with the personal email account Hillary Rodham Clinton used." As in, the story changed from being about a potential criminal investigation into Clinton's conduct to being about a potential criminal investigation into the mishandling of sensitive information by ... someone not named. "
So, haven't you guys learned yet to ignore mass media reporting when it involves a Clinton? It's almost like someone with billions of dollars has been trying to smear the leading Democratic candidate for a few years now.
Re:WSJ is incorrect in title, implication (Score:4, Funny)
That Bill! He's quite the prankster.
Re:WSJ is incorrect in title, implication (Score:4, Informative)
You can't expect to have a clue about what's going on in the United States if you don't follow the British press. (Here in the Land of the Free, we've got the best media that money can buy.):
http://www.theguardian.com/us-... [theguardian.com]
Was it before or after the State Department.... (Score:3)
Re: (Score:3)
Um [wsj.com]:
Nice (Score:2, Insightful)
Dozens of the emails provided by Hillary Clinton have been retroactively classified as part of the review of her emails as they are screened for public release.
Nice. Retroactively classify information, then open a criminal inquiry over the release of classified information.
Absolutely no political motivation behind this witch hunt-- I mean investigation.
Why not ask the administrator of the server? (Score:5, Insightful)
Since we know that none of the Clintons have the skills to run their own email server, we need to get the administrator of the email server in to testify. He needs to publicly admit before the world that he was so incredibly incompetent that there are no backups of the server.
Congresscritter: Just to clarify, you're the person who managed the Clinton's email server?
Admin: Yes.
Congresscritter: Could you please supply the committee with backups of the email server?
Admin: There aren't any.
Congresscritter: Again, just to clarify... You're actually an IT professional?
Admin: Yes
Congresscritter: And you're going to go on record, to say that this email server was not backed up?
Admin: Yes.
Congresscritter: You realize Mrs. Clinton was a senior administration official whose duties involve, among other things, negotiations with foreign governments?
Admin: uh....yes
Congresscritter: And what would you have done if, during negotiations, the hard disk on this computer had crashed, completely wiping out her email?
Admin: uh....
Congresscritter: So you're going to state, for the record before the world that as an IT professional, you're completely and utterly incompetent?
Admin: I'm not incompetent
Congresscritter: Then provide us with the backups.
The Worst Thing Is... (Score:5, Insightful)
What a joke.
Poor choice (Score:2)
So, you could have Hilary Clinton vs Donald Trump.
That's a really crap choice isn't it.
Nobody noticed her return address all those years? (Score:3, Interesting)
Re:The Slashdot crowd rises up and says (Score:5, Insightful)
Uh-huh. And - you don't understand the difference? See - Hillary is covering up her own crimes. Snowden was exposing other people's crimes. Do you see even the slightest difference between the two circumstances?
Re:The Slashdot crowd rises up and says (Score:4, Interesting)
Irony. If you say so. People who want to see other people punished for their sins see little irony in it though. You will note, please, that I said "sins", not "crimes". Although, there are plenty who would be willing to use both terms. Most of Hillary's sins are also crimes. Most of her crimes are also sins. Immoral, unethical, cheating, conniving, manipulative - and those are her best virtues!
Re:The Slashdot crowd rises up and says (Score:4, Insightful)
Why would you even ask that? What does Trump have to do with recognizing that Clinton is pure evil? How does Trump figure into any discussion of Clinton? I could even ask, "WTF is Trump?" But, I'll be serious. Trump is a puffed up, egotistical, pompous ass - but he's more qualified to be president than Shrillary ever could be. I'd love to punch Trump in the nose. But, I'd love even more to never hear Shrillary's name again. Would I support Trump over Hillary? Yes - but I'd support damned near anyone over Hillary.
Is your mom considering running for president? You could tell me a lot of bad things about your mom, and I'd STILL vote for her before I voted for Hillary.
Go on, tell Mom to run. Compared to the turkeys in the field right now, I can see that your mom raised at least one semi-literate child. Yes, she's more qualified than most of them!
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Snowden definitely deserves jail time. But much of the information he leaked should never have been held secretively from citizens. In other cases it should have never been collected in the first place. He pushed the data on purpose.
Hillary, on the other hand, was simply irresponsible. To my knowledge none of the potential leaks have helped citizens uncover corruption.
Snowden = vigilante
Clinton = negligent
It's not too hard to see the difference and why Snowden appeals to the same folks who dislike Hilla
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Snowden definitely deserves jail time.
He deserves a medal. We would not even be talking about many of our security problems if he didn't tell us about them.
Re:The Slashdot crowd rises up and says (Score:5, Insightful)
Snowden definitely deserves jail time.
Well, he's guilty of crimes that are usually punished by jail time. In this case I think what he deserves is a pardon and a presidential medal of freedom.
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Try again with something she published or he deleted. If you want to play a trump card, make sure you don't have a hand full of toilet paper.
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In the summary they mention that they had retired Foreign Personnel reviewing information to determine if it was classified or not.
So, apparently there was an attempt to identify classified information, and a dispute of what should have been deemed classified.
It would seem that is where the quibbling is, unless they intentionally ignored the advice of these reviewers
Re: (Score:2)
http://fas.org/sgp/othergov/in... [fas.org]
Page 6 and 7:
Throughout the history of the United States, certain information has been held “in confidence” to
protect national security. Executive Order (E.O.) 12958, as amended, specifies conditions under
which information may be classified for reasons of national security. Information is eligible for
classification only if it meets all of the following conditions:
(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.1
Furthermore, Section 1.4 of E.O. 12958, as amended, states that information shall not be
considered for classification unless it concerns:
(a) military plans, weapons systems, or operations;
1
Part 1, Section 1.1(a) of E.O. 13292, “Further Amendment to Executive Order 12958, as amended, Classified National Security
Information,” March 25, 2003. Cited in Federal Register, Vol. 68, No. 60, March 28, 2003.
UNCLASSIFIED
UNCLASSIFIED
7
(b) foreign government information;
(c) intelligence activities (including special activities), intelligence sources or methods,
or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential
sources;
(e) scientific, technological, or economic matters relating to the national security, which
includes defense against transnational terrorism;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects,
plans, or protection services relating to the national security, which includes defense
against transnational terrorism; or
(h) weapons of mass destruction.2
Thus, according to the President of the United States, only information owned by, produced for,
or under the control of the U.S. Government that could cause harm if disclosed in an
unauthorized manner and contained in one of the eight categories listed above (Section 1.4 a
through h) may be classified.
The only people authorized to determine the classification of information is the ORIGINAL classification authority. This is the department producing the intelligence, not the person emailing about it.
Re: (Score:2)
You're actually flat out wrong.
The President, after all, is the "Commander in Chief of the Army and Navy of the United States." U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart fro
Re:It depends on who is in charge (Score:4, Interesting)
I'm trying to determine relevance. You've demonstrated that an agency of the government has the authority to unilaterally decide eligibility for employment, and you've further demonstrated that this decision may not be appealed in certain cases.
You have not, however, demonstrated that one individual can unilaterally establish policy, procedure, or much of anything else.
Every officer of the US military is bound by custom, tradition, and law. Each and every officer is limited in what he may or may not do. That INCLUDES the Commander in Chief.
Even a lowly private/seaman/airman/fireman can disobey the Commander in Chief if that CinC issues an unlawful order. CinC is not synonymous with "God".
Re: It depends on who is in charge (Score:4, Funny)
What about Al Haig? I thought he was in charge
He thought he was in charge, too. And he said so.
But he wasn't.
Re: (Score:2)
You didn't notice that we have a presidential election coming? The difference is having mud to sling.
What else is there to convince voters to vote this or that way?
Re: (Score:2)
I believe that this investigation is more about drying out some particularly stinky mud to improve the Democrat chances of being elected again.
Re: (Score:2)
Don't forget the GOP rule, "No backsies"
Re:pulp and rubbish (Score:5, Insightful)
One problem is that for any information that was classified at the time (I"m not sure how this whole retroactive classification things works) it was and is a federal offense to even have that information on a private email server.
Your personal level of access does not give you permission to store classified information wherever you want to.
I still haven't seen anything confirming that she in fact did have classified information on her server (at least not classified at the time) but as has been mentioned above, there has already been proven verified instances of emails to and from other people about State related work that was not handed over by Clinton but found through subpenas of the other persons email.