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Wednesday, July 6, 2016

EVIDENCE OF HILLARY CLINTON CRIMINAL BEHAVIOR (INFO-GRAPHIC)



THE FACTS

FBI DIRECTOR COMEY ON THE INVESTIGATION PROCESS:

1.  "From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received."

2.  "Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification."

3. "The FBI also discovered several thousand work-related e-mails that were not in the group of 30,000 that were returned by Secretary Clinton to State in 2014."

4.  "With respect to the thousands of e-mails we found that were not among those produced to State, agencies have concluded that three of those were classified at the time they were sent or received, one at the Secret level and two at the Confidential level."

5.  "Because she was not using a government account—or even a commercial account like Gmail—there was no archiving at all of her e-mails, so it is not surprising that we discovered e-mails that were not on Secretary Clinton’s system in 2014."  (It should be noted, that emails weren't being archived on her personal server, because she intentionally went around the assigned .gov system that would have archived them)

6.  "...some of the additional work-related e-mails we recovered were among those deleted as “personal” by Secretary Clinton’s lawyers when they reviewed and sorted her e-mails for production in 2014."

7.  "It is also likely that there are other work-related e-mails that they did not produce to State and that we did not find elsewhere, and that are now gone because they deleted all e-mails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery." (In most circles, this would be deemed "Obstruction")

8.  "... we (the FBI) do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting..."

FBI DIRECTOR COMEY ON INVESTIGATION FINDINGS:

1. National Security:  "there is evidence that they were extremely careless in their handling of very sensitive, highly classified information."

2.  National Security:  ".... seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters."

3.  Intent / Judgement Skills: "There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation."

4.  National Security: "In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails)."

5.  National Security: "None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail."

6.  Intent / Judgement Skills:  " even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it."

7.  Intent / Judgement Skills: "we also developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government."

8.  National Security: "We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account..."

9.  National Security / Judgement Skills: "We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent."

10.  National Security: "She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account."

These are the statements of FBI Director James Comey on July 5, 2016.  

When taken as they were stated, in order, and without the final result statement he added at the end of his press conference, a reasonable person would have expected a recommendation to the Justice Department to move forward with prosecution under (at a minimum) the following statutes:


1. Mishandling Classified Information

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

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
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(a)
Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
(b)
Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
(c)
Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
(d)
Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(e)
Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(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.
(g)
If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(h)
(1)
Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3)The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall apply to—
(A)
property subject to forfeiture under this subsection;
(B)
any seizure or disposition of such property; and
(C)
any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4)
Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

2. Violation of The 2009 Federal Records Act

Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements states that:
“Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency record keeping system.”
According to the original story on Clinton’s emails published in The New York Times:
“Federal regulations, since 2009, have required that all emails be preserved as part of an agency’s record-keeping system. In Mrs. Clinton’s case, her emails were kept on her personal account and her staff took no steps to have them preserved as part of State Department record.
In response to a State Department request, Mrs. Clinton’s advisers, late last year, reviewed her account and decided which emails to turn over to the State Department.”
The fact that the State Department combs through the 55,000 pages of emails sent on Clinton’s private email account seems to verify that at least some of the emails Clinton sent contained classified information.

3. Violation of the Freedom Of Information Act (FOIA)

Veterans for a Strong America has filed a lawsuit against the State Department over potential violations of FOIA. Joel Arends, chairman of the non-profit group, explained to the Washington Examiner that their FOIA request over the Benghazi affair specifically asked for any personal email accounts Secretary Clinton may have used:
“‘At this point in time, I think we’re the only ones that specifically asked for both her personal and government email and phone logs,’ Arends said of his group’s Benghazi-related request.”
MSNBC’s Lawrence O’Donnell believes that the use of a personal emails server appears to be a preemptive move, specifically designed to circumvent FOIA:
“‘Hillary Clinton’s system was designed to defy Freedom of Information Act requests, which is designed to defy the law.'”