Seems like he's laid out the case to the best of his ability, saying this is what I would have done, if I was allowed?
Hillary Clinton's Private E-Mail Draws Scrutiny
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Seems like he's laid out the case to the best of his ability, saying this is what I would have done, if I was allowed?
Found this article with previous cases.
And this has a good historical list up to Manning.
Charting Obama’s Crackdown on National Security Leaks
A look at federal cases on handling classified information
January 30, 2016 byEric Tucker
In this March 5, 2015, file photo, cables are connected to a server capable of handling an email server at the Washington bureau of The Associated Press. News that Hillary Clinton's home email server contained top-secret messages brings …more
News that Hillary Clinton's home email server contained top-secret messages brings renewed attention to the security of her mail system and to the laws and regulations that control classified information.
The new disclosure, and the question of whether it exposes her to more serious legal problems, was certain to escalate political heat on the Democratic presidential candidate ahead of Monday's Iowa caucuses, the first contest on the 2016 nominating calendar.
FBI Director James Comey, whose agency is looking into the setup of the server, has said only that the investigation is being conducted without regard for politics. Officials have given no public hint as to when or how the probe will be finished.
Stephen Vladeck, an American University law professor and national security law expert, said it would be a stretch, based on what's now known, to think Clinton could be charged under existing statutes for her behavior. The few relevant laws on the books almost certainly weren't written with this situation in mind.
"This is an area where the government tends not to test the margins too often," Vladeck said.
It's not uncommon for workers with access to classified material to mishandle it, and by far the bulk of those cases don't attract the attention of federal prosecutors.
In this Oct. 18, 2011, file photo, then-Secretary of State Hillary Rodham Clinton checks her Blackberry from a desk inside a C-17 military plane upon her departure from Malta, in the Mediterranean Sea, bound for Tripoli, Libya. The Obama …more
But when the Justice Department does pursue a case, it often relies on a statute that bars the unlawful removal and retention of classified documents. That low-level charge, meant for cases in which defendants improperly hold onto information that they know to be classified, carries a fine and maximum yearlong prison sentence and is reserved for people who have "really, really screwed up," Vladeck said.
Other, more serious laws make it a crime to knowingly disclose classified information to someone not authorized to receive it, and threaten punishment for anyone who through "gross negligence" allows national defense information to be removed from its proper place of custody.
Each case that's resulted in prosecution has unique facts, making comparisons difficult, but investigators invariably take into account questions of knowledge, potential damage to national security, who sent, received or stored the information, and whether the material was classified at the time of transmission.
Some examples of past cases concerning classified information:
DAVID PETRAEUS
The best-known recent prosecution involves the former CIA director who pleaded guilty last year to a misdemeanor count of unlawful removal and retention of classified materials. He was spared prison as part of his plea and was given two years' probation by a judge who faulted him for a "serious lapse in judgment."
The retired four-star Army general admitted that he loaned his biographer, Paula Broadwell, with whom he was having an affair, eight binders containing highly classified information regarding war strategy, intelligence capabilities and identities of covert officers. FBI agents seized the binders from an unlocked desk drawer at his home, instead of a secure facility that's required for handling classified material.
One critical distinction is that while Clinton has repeatedly said she didn't send or receive anything that was classified at the time—something the State Department now says it's investigating—the Petraeus plea deal makes clear that he knew the information he provided was classified. He told Broadwell in a recording revealed by prosecutors that the binders had "code-word stuff in there."
When questioned by the FBI, he denied having given Broadwell classified information, though he avoided being charged with making a false statement.
The outcome drew accusations of a double standard for senior brass from defense lawyers who asserted that their less-influential clients wouldn't have been treated with such leniency.
___
JOHN DEUTCH
Deutch was CIA director from May 1995 until December 1996. He came under Justice Department investigation after his resignation when classified material was found on his home computer in Maryland.
An internal CIA investigation found that he stored and processed hundreds of files of highly classified material on unprotected home computers that he and family members also used to connect to the Internet, making the information potentially vulnerable to hackers.
A report by the Defense Department inspector general found that Deutch had failed to follow "the most basic security precautions" and faulted him for rejecting Pentagon requests that security systems be installed on his home computers.
Deutch apologized for his actions and was pardoned by President Bill Clinton before the Justice Department could file a misdemeanor plea deal for mishandling government secrets.
___
SANDY BERGER
Berger was the national security adviser during Bill Clinton's second term. After leaving office, he found himself in trouble for destroying classified documents.
Berger, who died in December at age 70, pleaded guilty in 2005 to illegally sneaking classified documents from the National Archives by stuffing papers in his suit. He later destroyed some of them in his office and lied about it. The materials related to terror threats in the United States during the 2000 millennium celebration.
He pleaded guilty to a misdemeanor count of unauthorized removal and retention of classified material, and though he avoided prison time, he lost access to classified material for three years.
A judge fined him $50,000, higher than the amount recommended by prosecutors.
Berger called his actions a lapse in judgment that came as he was preparing to testify before the Sept. 11 commission that examined the events leading up to the 2001 attacks.
"I let considerations of personal convenience override clear rules of handling classified materials," he said at the time.
___
BRYAN NISHIMURA
Nishimura, a former Naval reservist in Afghanistan in 2007 and 2008 and a regional engineer for the U.S. military, was investigated for downloading and storing classified information on his personal electronic devices.
Prosecutors say he carried the materials with him off-base in Afghanistan and took classified Army records to his home in Folsom, California, after his deployment ended.
His lawyer, William Portanova, said Nishimura never intended to break the law but was a "pack rat" who thought nothing of warehousing Army records at home alongside personal belongings.
FBI agents who searched his home found classified military records, both in hard copy and digital form. Nishimura also admitted to investigators that he had destroyed some of the information.
Nishimura pleaded guilty in July to unauthorized removal and retention of classified materials. A judge fined him $7,500, and he was ordered to surrender his security clearance.
The violation was a technical and unintentional one, Portanova said, but one that the Justice Department nonetheless thought it needed to punish "to make its point."
Explore further: US reaches plea deal with NSA spy whistle-blower
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© 2016 The Associated Press. All rights reserved.
And this has a good historical list up to Manning.
Charting Obama’s Crackdown on National Security Leaks
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Devildoc
Verified Military
Maybe, but if that's the case, I would expect him to 'leak' something like that ("hey, I tried to bring charges, but they wouldn't let me").
I mean, fuck, I have seen the US Code, and it seems pretty black and white to me.
One thing I haven't heard anyone mention yet. She had 30,000 work emails and 40,000 personal emails over the period. That's 33% more emails for personal stuff than work stuff over the period. All in 4 years. Let's do some basic math...
4 years = 365*4 days = 1,460 days
50 * 5 = number of work days in a year w/ 2 weeks vacation = 250
30,000 + 40,000 = 70,000 emails
edit - failed basic maths :wall:
70,000/1460 = 47.9 emails per day average
70,000/1000 = 70 emails per work day
30,000/1000 = 30 work emails per day
40,000/1000 = 40 personal emails per day
How much WORK was she actually doing?
4 years = 365*4 days = 1,460 days
50 * 5 = number of work days in a year w/ 2 weeks vacation = 250
30,000 + 40,000 = 70,000 emails
edit - failed basic maths :wall:
70,000/1460 = 47.9 emails per day average
70,000/1000 = 70 emails per work day
30,000/1000 = 30 work emails per day
40,000/1000 = 40 personal emails per day
How much WORK was she actually doing?
Brill
SOF Support
I guess this clears us for telework now?
Brill
SOF Support
Great qualities for a POTUS candidate!
TLDR20
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Well me and you don't have the need, nor the capability to do it...
TLDR20
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Again you think all her work emails go to her? Or to the legions of support staff she has working for her.
What need did she have? Outside of using a private server to avoid future FOIA requests? I cannot see any reason whatsoever for her to have a private server, other than her avoiding government policies.
Red Flag 1
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Seems like a waste of time, money, and resources in this chase. The only big winner here is the media, and the follow on reporting, shaping and spinning; and it will go on for weeks and months to come. The big looser here the tax paying public, and their numbers are shrinking. The wedge between the political power, and everyone else just got a little bigger. We, the US taxpayer, paid the whole cost of this. The Clintons lost not a penny, and gained by whatever it is they did. Is the GOP the loser here,? The media spin suggests that, but the loser is not the GOP. It will be a blunted talking point in the Nov election, and mention of it will become flag waving Clinton win. So, the taxpayer losses, and the media and Clinton win. What is next? Just watch the TV, they will let you know what to think and worry about.
My $.02. Back to my wee cave here in The Valley.
My $.02. Back to my wee cave here in The Valley.
So you are saying that her entire office was on her private server, and thus also violating regs, rather than just her?
Or that she violated pretty much every IT directive related to accountability by giving someone other than herself access to her personal credentials? If you were to give your login to JWICS to someone else, even if they are at the same clearance level as you are, is that a security incident? (rhetorical, the answer is yes) It's the same thing. Either way she is mishandling classified information by violating need to know and regulations around accountability.
Brill
SOF Support
After reading Director Comey's remarks, I think that man is truly brilliant!
He directly contradicted EVERY Hillary talking point about her email.
He stated she and her staff were "extremely careless", thereby admitting gross negligence, in the handling of classified material, some of which was marked, others were clearly known to be classified by her and her staff.
Yet here clearly said no prosecutor would ever charge her (because they know they would be ruined and probably have the IRS deep in their ass). I think Congress will exercise their oversight responsibilities and this episode will be tried in the court of public opinion vice a Federal courtroom.
The system is rigged and the Director admitted as much.
He directly contradicted EVERY Hillary talking point about her email.
He stated she and her staff were "extremely careless", thereby admitting gross negligence, in the handling of classified material, some of which was marked, others were clearly known to be classified by her and her staff.
Yet here clearly said no prosecutor would ever charge her (because they know they would be ruined and probably have the IRS deep in their ass). I think Congress will exercise their oversight responsibilities and this episode will be tried in the court of public opinion vice a Federal courtroom.
The system is rigged and the Director admitted as much.
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Brill
SOF Support
I think she just created a new caveat: TS//SI//REL CLINTON
2015 - Navy engineer sentenced for mishandling classified material.
A federal attorney announced that Bryan Nishimura of Folsom, California, pleaded guilty to the unauthorized removal and retention of classified materials.
Nishimura, deployed in Afghanistan in 2007 and 2008 as a regional engineer, admitted to downloading classified briefings and digital records onto his personal electronic devices. He carried the materials off base and brought them back to the U.S. when his deployment ended.
2 years probation and a 7500.00 fine.
Link
Brill
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Ken Ford, mishandling classified material, 6 years in prison
Maryland Man Sentenced for Stealing Secret Documents
Former NSA employee to serve six-year term
Just because we don't hear about them, doesn't mean it doesn't happen a lot more than anyone realizes, except in hi profile cases.
TLDR20
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Not at all comparable.
Brill
SOF Support
How so? I'm not being a jerk here but it's really the same only the medium is different: paper vs digital.
Ken intentionally removed classified material from a secure location and stored it an unauthorized facility (his house).
Clinton intentionally sent/received classified material over an unsecure server and retained the information on an unauthorized device.
Neither Ken nor Clinton intended on transferring the material to a third party although Clinton's account was most likely compromised.
Brill
SOF Support
Exactly. What happened to Snowden's supervisor and some coworkers?
Kraut783
SOF Support
I am very disappointed, all of us at the office were watching and had high hopes as Comey spoke....then our jaws dropped....we feel like Comey let us all down.
At the very least I wished Comey would have recommended the appropriate USIC OIG's revoke her clearance......at the very very very very very very least.
edit: will add I see some Security Officers at DOS getting fired or disciplined.
At the very least I wished Comey would have recommended the appropriate USIC OIG's revoke her clearance......at the very very very very very very least.
edit: will add I see some Security Officers at DOS getting fired or disciplined.
