Previous Story
Ex-DOJ Lawyer: Clinton’s Email Defense is Nonsense
Posted On 04 Apr 2016
In an opinion piece for USA Today, Ronald Sievert, an attorney with 25 years of experience in the Department of Justice, said that Hillary Clinton’s email defense was little more than a political smokescreen. Without making assumptions about her guilt or innocence, Sievert said that one thing was certain: Whether or not the emails were marked classified at the time is not relevant to the law.
“The applicable statute, 18 USC 793, however, does not even once mention the word ‘classified,'” Sievert wrote. Rather, he said, the law is explicit as to the responsibilities of a government official:
The focus is on “information respecting the national defense” that potentially “could be used to the injury of the United States or to the advantage of any foreign nation.” 793 (f) specifically makes it a crime for anyone “entrusted with … any document … or information relating to the national defense … through gross negligence (to permit) the same to be removed from its proper place of custody.”
Sievert argued that few in the media had challenged Clinton’s “they weren’t classified at the time” defense. He said that even if that remains true, it has no bearing on the legal consequences of her mistakes. Instead, the many Clinton emails that have been marked classified in retrospect prove that she may have indeed been careless with national defense information. By leaving it on an unprotected server, she was jeopardizing national security.
“Why has everyone bought into the ‘marked classified’ rabbit trail?” he asked. “One suspects that many reporters and commentators have not bothered to read the actual law or are hesitant to blow the central defense of the Clinton campaign out of the water.”
Yeah, it’s the latter, in case you were wondering. When the subject is Donald Trump’s tax returns or the cost of his wall, reporters will travel to the ends of the galaxy to fact-check every “Um” that comes out of the man’s mouth. But if we’re talking about Hillary Clinton, they mostly just take the campaign’s word for it. They know that if Clinton is badly damaged by this scandal, there is no viable backup. Unless they’re forced into a corner by independent journalists, the mainstream media is not going to help Republicans take the White House.
Of course, there is no such thing as government “classified” email, it’s:
* For Official Use Only (FOUO)
* Confidential
* Secret
* Top Secret
Hillary continues to exercise her right as a lyin puke…
The article is misleading. If something is”classified” that means it has been determined to be confidential, secret or top secret.
There are other “classified or sensitive documents that have other markings applied to them for classifications BUT – none of them are marked “CLASSIFED” as Hillary continually tries to cover up the facts of her indiscretions.
The woman has lied so much she no longer has the ability to differentiate between the truth and her lies!
DAlnB41: Could be, but I think she is fully able to differentiate between truth and her lies! She does so routinely, crafting the lies to fit the immediate expediency of her political goals.
She has honed her skill to a point where lies comes easy and always leaves a way out for her when caught.
She and Obama share the same talent; lie and when caught blame it on someone else.
In her current situation, she is now trying to say the emails were sent by one of her aids on her “personal server”; curious as to why she would be allowing others to use her “personal server?” Also wonder why she had not ensured ALL Department of State employees were not properly trained and recertified every year on how to handle information from “For Official Only (FOUO) through Top Secret? They are all required to be trained and it is her responsibility to see they were.
I guess though if it is okay to vote YES/NO on bills without reading them or the supporting information ignoring a duty to ensure subordinates are people trained is okay. If ignoring the need to ensure Americans in hostile areas are not given proper security is accepted then ignoring training responsibilities is okay. If Firing an employee for using a personal server almost identical to her own while she is using hers is okay then I guess in her eyes, ignoring a responsibility to ensure subordinates are doing their job is okay. She seems to be able to get by with it as she does over, and over, and over, and over again.
I would hate to be working under her appointments or have anyone I know assigned below here. She is throwing her aids under the bus now claiming one of them was using her personal server to send the illegal emails.
.
Amazing how many people, knowing of her lies and indiscretions, failed acceptance of duty and poor decision making abilities still think she is qualified to be our President. I guess she feels if Obama is then she too should be. It seems America gets worse and worse Presidents every time they change; or at least the last two have set the pattern; we need to see that changes – – we can not let Hillary Anywhere Near The White House!
Can America take three failed presidents in a row?
You don’t get it. ” classified is the term gven to items marked confidential, secret and top secret. If Hillary said the items were not classified, she was probably correct if the items were not stamped confidential, secret or top secret when she recieved them . Some even have an “unclassified” classification. I’m sure there are other regulations which you have not researched regarding classification of important documents.
Did you even read the article? It quotes from the applicable law that doesn’t even mention any “classifications”. The person responsible, in this case the SOS is suppose to know to what extent the information was crucial to the security of the nation. So either she was extremely negligent or grossly incompetent. No wriggle room here for the squiggly little nincompoop. So saying someone else doesn’t get it really applies to you in this case, doesn’t it? Never mind, rhetorical question.
Either way, a commoner like us would die in prison for what she’s done, and people are in prison for a lot less right now!! This is what money and power will do for U!!!
albaby2: Did you bother to read the article? The attorney’s assertion is that “classified” is a colloquial term with no legal definition. It is often used as you use it and as Clinton has used it, but that doesn’t matter.
Here is an exact copy of the law: “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.”
Please note that, as he said, classified isn’t there and neither are your terms confidential, secret, or top secret. That’s all smokescreen, exactly as stated. Now “…having lawful possession..”? Yes! “…any … information…”? Yes! “…relating to national defense…”? Yes! “…permits … to be removed from its proper place…”? Yes! “…fails to make prompt report…”? Yes! “Shall be fined…”! Yes!!!
You’re talking legal definitions and I’m referring to common definition of classified. As far as your saying that because confidential, secret, and top secret are not mentioned in ypur definition, they do not exist is wrong. When I was in the Air Force, I had a confidental and secret clearance and documents were marked with those classification
Easy does it junior. I was in the Army Security Agency and had a top secret crypto clearance. I handled daily read files for the S2 of our group. (S2 would be the officer in charge of security in case you didn’t know that.) The material I handled every day hardly ever had any classification on it until it was processed by a security officer such as my S2 or others. In any event it had been handled by numerous people before it had ever been given a level of security classification. So as you sit here and try to BS the rest of the common folk out here. Maybe you should just relegate yourself to the position of someone who knows not of which you try to speak. Because you very clearly got it wrong.
That is typically the case with the liberal troll by the way. First you cloud the issue with BS, twist the facts to match your objective, or just outright lie about the relevant points. Second you try to defame, denounce, or insult the opposition. This is quickly followed by the denial routine and then on to the name calling. So as far as I can tell at this point you are in the lie your ass off portion or you were so far down the line that your material had been processed and had received it’s proper classification. Hillary being at the highest point in the ladder of authority would most likely have never seen a security classification posted on anything she read. But then just having a secret clearance you probably wouldn’t know that. Would you? Never mind rhetorical question. By the way, being in the highest position in that department she should have known whether something was classified or not. She also was suppose to know that how she handled that information was of strategic importance. Her negligence in this matter is either treasonous or borders on it.
I’ve never seen a security officer that knew enough about nukes, submarines aircraft etc to know if the information contained in documents would be of value to an adversary. You might BS your wife wth your tale of importance, but I’m not buying it.
As far as your knowledge of me, I am a veteran, Republican, married to the sme woman for 57 years, raised 6 kids and was licensed as a Senior Licensed Reactor Operatorto by the Atomic Energy Commission before it and after it became the Nuclear Regulatory Commission.
If your knowledge of classifying documents is no better than your classification of me, then I can see why our adversaries are have no fear of Ameica. It’s probably on the internet before you have figured out how to classify it.
There are other government documents that have classified markings other than the ones you list on them; each agency can develop their own internal markings BUT – you are correct. They are not Marked “Classified.”
When she says she never sent any documents that were marked “CLASSIFED” she is correct, for the reason you say.
That is is another of her Lawyer Dodges; she will always be able to use that phase and the vast majority of the people will never know the difference! She though knows she is guilty and hopefully, soon, everyone will know the truth.
BUT – it makes no difference as Obama and his Attorney General will see it is covered up and Hillary will again slip out of another crime without consequences.
I wonder how long it will be before a good author comes out with a book entitled, “Crimes without Consequences” that has a picture of Hillary Clinton on the cover.
They need to go after the daughter for information dealing with the messages she may have received that were on a need to know basis dealing with government operations as her daughter and her Husband are not privy to any information dealing with the operation of the duties of the Secretary of State. Bill, though an ex-President must be on the need to know list and Chealsea has no government standing whatsoever as a citizen
Everything you just said makes absolutely no sense what so ever. It is a pile of total BS wallowing in hogwash and dipped in double non-speak. Maybe you should be at the kiddy table with your peers.
One has to love this copuntry where one can speak his mind and the other can rebut and neither goes to prison. Thanks for the compliments as I thought you were a Democrat and now I know it.
a picture of hillary behind bars!!
For what: Failing to do her duty as a U.S. Senator by letting others tell her how to vote rather than study the bills or supporting information before voting, failing to provide security so American men would not have died when she decided not to provide security for them? Or her long list of lies, the theft of government property from the White House, or her taking money from Wal-Mart employees when she set quietly by and failed to properly represent Wal-Mart in a dispute with their employees? A long, long list of reasons she should never get anywhere near the White House!
all of the above.the rest of her & billys transgressions won’t fit on this column.
If this witch is too stupid to realize what is sensitive information when she sees it, do you really want her in the White House??
Regardless of whether ANY of her document’s wee marked SHE had a responsibility to ensure material being emailed on her UNSECURE ERVER was considered even sensitive.
Every military member and federal employee who has ANY access to ANY LEVEL of sensitive information is trained and knows they have a responsibility to secure and report any document that contains what they think is sensitive or even if the information, when attached to information form other sources, may become sensate or classified.
As a Department head she had a responsibility to ensure ALL employees within the State Department were properly trained and annually recertified in proper handling of ALL DOCUMNETS marked or not.
As Usual SHE FAILED!
IN THIS CASE – she knew what she was going was wrong because she forced a U.S. Ambassadors under her supervision to resign for doing the exact same thing she was doing at the same time she forced his resignation!
Poor Hillary. She keeps looking for plausible excuses that the weak-minded, emotionally-driven, and ignorant will believe.
There isn’t a lie, bribe, meal, or cocktail she doesn’t like.Point
Well said and we will all pay the price which will be very high!
We all are looking for someone that has the capability of pulling this nation out of the mess presidents over the past 17 years has left us in.
We are anxious to get someone into the White House and Congress that is capable, ready and willing to fix the mess incompetent leadership has taken us into.
We are so anxious to get the right person we seem drawn by anyone who is ready to lie to convince us they are that person.
Hillary is no exception,
The difference though is the vast majority of us know of the lies and criminal acts Hillary is known for. In spite of that many are ready to forgive her with some strange idea that she will change her stripes if she is elected.
Before forging her though people need to ask themselves if they know any young man or woman who died in the Bush Wars or came home maimed and crippled, maybe they know members of the families of the men killed in Benghazi. These deaths and injuries are, in part, due to Hillary Clintons failed credibility, her failed duty and responsibilities.
RECALL ALSO – Hillary has only been elected to one office; all other positions have been appointments and not “of the people, for the people.”
You don’t need to lecture me.
Not only am I a combat veteran, but I lost my youngest son as he was returning from a mission.
I just don’t like Hillary: she’s too careless with human life,mass the assault on our embassy in Libya proves to me. If I were living in Taiwan when Hillary is elected, I’d be extremely nervous. Weak presidents are the bane of this republic’s health (e.g., Jimmy Carter and Iran).
I retired after 37+ years starting out in the Air Force and retiring from the Army and I stand with you.
We have to hope the men and women in uniform today know and understand how important it is to have honorable people in the Chain-of-command; men and women who put country first, can be relied upon, know how to lead, and how to follow. Men and women who know their decisions may cost lives and that blaming others is no measure of leadership or an excuse.
Hillary is the worst thing that could happen to this country – – followed by Cruz if it comes to that.
Great or semi-great speakers seem to be weak leaders; Obama, Hillary and Cruz are examples of what talk without leadership skill results in.
obama has fired over 85% of general officer with backbone and/or experience. God help us if we ever get into a scrap. obama nominated a woman who has no flight experience (she’s a functionary) to head the U.S. Air Forces in the Pacific. It’s like hiring an administrative clerk to be a hospital’s Chief Surgeon!!
I agree with you about Hillary, and I’m trying to keep people thinking about Benghazi.
I agree; no charges will be filed against her. That is usual as she wiggles out of every thing she gets caught up in and her excuse is always the same; she did noting wrong and it is the GOP trying to destroy her image; like she needs any help in dong it.
.
That is why it is so important we spread the word as far and wide as possible pointing out her failures both in government work and I the private sector. She has so much bad in her past she should not be considered for even a local part time job in a city or country administration.
.
We take very advantage we can in letting family, relatives, friends and anyone else of the things this woman has been accused of things she has been investigated for, things she has been found guilty of and things she has finally admitted to.
.
We All Need To Do Our Best To See She NEVER GETS Close To The White House Again!
Her favorite term, “…a vast, right-wing conspiracy …was a favorite expression of Saul Alinsky.
I think prison time is too good for her. She’d never be in her cell, anyway. Convicted of espionage; misappropriation oh government funds, ” murder security protocol violations; security violations gravely affecting the security and longevity of the nation, she should be tied to a post at 25′ and executed by firing squad.
Of course her defense is nonsense; she’s a traitor, thief, and a murderer!
AND – – – – A leader of Bill and the family skeletons.
And the Clintons have a lot of skeletons!
You are right on spot James; and they have the money nad gift-of-gab to sell themselves. It is important we do everything we can to channel peoples efforts into digging up the truth of Hillary Clinton. We can say a lot and we will hear a lot but there are so many that feel what ever Hillary says is the gospel truth. Inspire of the number of lies she has been caught in and many she has eventually admitted to (in what she then refers to as “misspeaks”) many will just not accept the truth.
I have made a point of offering my options and research to family, relatives, friends and associates; always adding these are my opinions based on MY research and that they should all take the time to do their own research. Listening to Hillary and her campaign team it would be easy to see her on the cover of the bible.
.
I often think of President Nixon and his impeachment; I see nothing bad -compared- to what Hillary has done as a Senator, as the Secretary of state, and in her many, many jobs outside the government.
She makes Nixon look like a saint by comparison! I am deeply saddened at the sheer level of stupidity that our nation has fallen to. She is a thief, murderer, liar and above all a traitor to the nation, yet sheeple are still supporting her. It’s unfathomable the idiocy that has gripped this nation.
Yes, BUT: when they back Hillary they get a free bumper sticker.
They need to protect it though as that will be the last thing they get from her – other than more lies and more excuses!
I have the “Hiilary for Prison 2016” bumper sticker on my car!
hell they have whole graveyards!!
I know…it’s insane tha she has “followers”. That in itself is terrifying when you really think about it; they are supporting a mass murderer and traitor to the nation.
It only takes a good lie now and then to convince some people. She has mastered the ability to lie so it comes easy for her.
So many people are looking for some assurance things are going to get better and hearing it is better than just hoping it and a heck of a lot easier than doing their own research to determine if their vote is good or bad.
Hillary, as a senator (only elected position she has ever held and it came under fire for misuse of federal funds) took no time to study the situations before she made her votes either but rather let others tell her how to vote so her YES and NO votes were not hers but someone else!
that’s why she wants to stay in DC,she fits right in.
Poor HILLARY MY ASS.
Yeah poor Hillary put her fat ass in prison for life and her hubby also
Swinging from a rope would be better and far cheaper along with Obozo and followers.
The Clinton Criminal Enterprise has been getting away with murder for so long she fully expects nothing to happen. Sadly she might be right once again. The DOJ has a real problem with that pesky equal rights under the law Constitutional requirement which arguably has never existed in our country. The politically connected can do just about anything they want without being held accountable. This has been proven over and over again.
No matter whether she did it knowingly or not….the bottom line is she put our country at risk, and therefore should be prosecuted, and jailed, for dereliction of her duty.
Barack HUSSEIN Obama plus his sock puppet Loretta Lynch equals “The fix is in”!
Putting aside the things she has been accused of, putting aside the things she has been found guilty of, putting aside the wrong doings and lies she has admitted to; IF – nothing else is considered – the fact she forced a U.S. Ambassador to resign from his position because he was caught using a PERSONAL SERVER on the job that was identified as being very similar to Hillary’s personal server, and the FORCED RESIGNATION came at the SAME TIME HILLARY was using hers should be enough to show her lack of integrity.
Add lack of integrity, lack of good judgement, theft, lies, misfeasance and malfeasance, and how can anyone accept her as anything more than a low life flat out lire and criminal?
I wouldn’t let that liar impugn lire like that.
…all things considered,,,bernie would be wise to persist!….
Every piece of government documentation is considered “classified” by default and every government official knows it. The only time it is available for public consumption is when the government officially publishes it. Otherwise it’s FYEO. Hildabeaste knows that from the days of the Clinton misadministration but chose to “do her own thing” to hide what she was doing from the government document archiving system. Deliberately exposing official government information to security risks is treason and should be punished accordingly.
maxx: That’s fortunately irrelevant, because it is utter nonsense. By far, the vast, overwhelming majority of government documentation is meant for public dissemination and never considered classified or FYEO. Take a look at the Government Publishing Office webpage (www.gpo.gov), think about all the IRS stuff you receive, Social Security, Medicare, all the paperwork that keeps the civil aviation system working, that generates recalls on defective consumer products, etc., etc., etc. …..
killery clinton just proves just how corrupt she is and our corrupt government is protect her. killery clinton is a danger to our country and our military and a security risk and should never be shown anything but the door to her cell in prison.
KILLERY for PRISON . Or in Trumps words . PRISONdent
I’ve said it over and over, this POS will walk and will more than likely be the next Prez! So long America!!
There is so many Top Secret document sent and received . For Official use only {FOUO} , Confidential ,Secret ,Top Secret . The more Hillary lies the deeper the hole she digs , she started off with a shovel she is now using a backhoe . She keeps lying someone will have to bring in a earth mover equipment . She is in this so deep , her aides are in deep too . My guess is her aides will be given a deal by the FBI , put them in witness protection services .To testify against Hillary ! No matter what she will be going down .
Why isn’t anyone talking about the murder of four Americans in Benghazi anymore? Allowing those men to be murdered and not responding and allowing the military to rescue the Americans is a huge crime. Rather than investigating the murders – talking points, who knew what when, the U tube movie, and currently hillary Benghazi clinton’s emails are the hot news of the day. Someone allowed four Americans who were calling for help to be murdered in Benghazi and NOTHING has been done about it! It is now Old News and as hillary Benghazi clinton said, “Get over it!” I haven’t gotten over it and I don’t think the parents of the four dead Americans have gotten over it either.
Interesting, but what will it matter? Ever since Obama was sworn in, he and the Progressives have shown that laws don’t mean a damn to them. They and the MSM have done their best to fool the people.
Along with the help of Harry Reid and Mitch McConnell and now Paul Ryan. They all talk big but are either push overs for Obama or are in bed with the guy. What ever Obama wants they all seem to make public comments about it but quickly give him (Obama) what he wants.
BIG CONCCERN NOW – Paul Ryan is suspending congressional rules to pass bills without discussion or comments and without following the rules set by Congress. We – the constituents – are no longer being represented in Congress by the people we send to Washington. Ryan deices what bills will go to the floor, they get there, vote is taken to suspend the rules, rules eliminated, vote taken and the bill is passed without constituents interest ever being heard – – one way or the other!
Most Conservatives like me consider Ryan and the other wanna-bees in Congress to be Progressives just like the Democrats. They believe in Big Government and honestly believe in their hearts that they are better than us and deserve to be able to tell each and everyone of what will be. “We the People” haven’t counted or nave been represented by DC in decades. We have been hoodwinked into believing that our votes counted. This may be the last election which is represented by the Republican Party. Thank the Lord!
Hillary Clinton is innocent until proven guilty. As an innocent person, she’s not obligated to prove it. Those who think that she is guilty has the burden to prove it. Again, they must prove it. She has to prove nothing!
This is America. People pretend & say they will fight to keep their freedoms. YET, these people are quick to say &’post that Clinton is guilty. This takes away the freedoms you people say you want.
How hypocritical can you be about freedom in America? You can’t let some people enjoy freedom, but not others. You can’t want freedom for yoursel, but not for others. You can’t apply laws to some & not others, maybe because you do not like or agree with them.
the FBI have the proof,if it were us we would be in prison already.
Oh, stop the “wishful thinking” If there is clear proof–beyond a reasonable doubt–why isn’t it available for all to see & why hasn’t there been an indictment? Even with a conviction, there must be real consequences for me to partially believe & accept it. A conviction doesn’t always mean wrongdoing or breaking the law. It basically means one side won the other side, for whatever reason(s).
Again, Americans are INNOCENT until PROVEN guilty. Clinton’s accusers have the burden & responsibility of PROOF. She is not obligated to prove her innocence.
crooked politics.obama won’t let her spend time in jail.he doesn’t want the possibility of having to share a cell with her.
it makes no difference if anything is marked classified or anything else.if it pertains to the government it was supposed to go through a govt server.she needs serious jail time.I wouldn’t doubt that obama does the same.
Stop it, please. What about Americans being innocent until proven guilty do you not understand? This is America. Clinton has to prove absolutely nothing. Her accusers MUST prove that Hillary KNOWINGLY did something illegal. So far, nothing is proven! There’re talking points that seem to point to partisan politics or people who dislike or disagree with Hillary or Bill Clinton.
I’m not sure why you’re trying to tie Obama to this situation. Would your work boss, spouse,, preacher, etc would be accused of doing something if YOU were accused of something wrong? It does not make sense to a reasonable person. Cases tend to look at what a “reasonable” person would do about a situation.
What does Obama has to do with this? Many times, it seems like a person is trying to get at Onama because they do not like him. They accuse him of what all Democrats & Republicans do. It is a crazy, petty thought pattern that points to other underlying things.
Again, I’m waiting on the truth. I’ve heard the assumptions, probabilities, hints, etc. about the email situation. No concrete proof or evidence is ever presented for ALL to see.
None of this investigation matters. The American people will never see this woman indicted for anything.
Were she Gen. Petraeus it would be a different story.
No one is going to do a thing to Hillary.
Her good bud, Obama will see to that.
No one with half a brain believes hillary but she will get away with it just like she has gotten away with every other crooked thing she has done because she has friends in high places and the money to buy them
some how,..some way…she’ll sleaze her way out of it…[it’s a clinton “trait”!]…..
The sad thing about Hillary’s “mess” is that she alone made the decision, after being appointed Secretary of State in 2009, to install a personal server in the basement of her home in Massapequa, N.Y. She did this for one reason: to keep her secret activities, perhaps like Clinton Foundation financial transactions, away from the prying eyes of the Federal Government when all her government related activities are supposed to be property of the government and its people. Now she’s in for the hassle of her life. Good, it’s well deserved.
During the cold war, I was a Soviet and Slavic specialist with the US Government. Everything that came cross my desk was considered as “classified” or “confidential”. All of us were well aware of security when handling Government paperwork, marked or not! Hillary Clinton is only demonstrating how little she respected her highly visible position. She is acting like a naïve schoolgirl, which she definitely is not. Incompetent, YES, naïve, NEVER!
From what I can gather from old friends in the Secret Service, Hillary is a truly despicable person, with major personality problems. America, take note, Hillary is not working for you, but is absolutely and totally self-serving. Miss “Whitewater personified” is, in my humble opinion, neither qualified nor fit to be President of our once great nation.
From Emails to the Panama papers do you really think that the media cares? She could probably shoot someone at a rally and do it on stage the media would call it self defense. If Trump does it then it would be murder by a racist. The so called media that does the majority of the reporting needs to go back to basics report only the facts and leave opinion and sensationalism for the sake of ratings and sales out of it.
A document needs not to be stamped or marked to be classified … its the content within the document that makes it CLASSIFIED ! Clinton is GUILTY AS HELL ! Hillary for PRISON in 2016 !
She is being well protected by the LIAR IN CHIEF and my guess would be that she has some very damning evidence against his sorry ass and he is reluctant to anger her…POLITICS are a tough dishonest business.