Posted on 01/09/2016 9:04:11 AM PST by Signalman
Over the past few days, there have been a number of articles in the press concerning Hillary ordering an aide to remove classified markings or "headers", i.e. "SECRET", "TOP-SECRET" from emails before sending them to her and most of them have said that this act (the removal of the markings) alone is a criminal violation.
I would love this to be the case but I've researched a number of the federal statutes dealing with this topic such as 18 USC 793 and I haven't yet found anything that SPECIFICALLY states that removing markings, or headers, from a document containing classified information is a crime under US Law.
I've also checked the CFRs (Code of Federal Regulations) and haven't found a federal regulation that deals with this, specifically.
If any FReeper who is a current or former Assistant US Attorney, or anyone else, can locate this information, please let me know.
Thank you
I'd disagree.
If someone in the State Dept is sending something (anything) to a .gov address, then there is at least the possibility that the transfer is happening to an allowed location. Maybe it is, maybe it isn't. But it COULD be.
Hillary's email is a .com.
No way, no how is that an allowed location. The transfer method is insecure AND the destination is not allowed.
The guy at State knew this. Hillary knew this. They are all fully trained.
With no clearance she's not qualified to be POTUS...
People run afoul of administrative rules and regulation all the time, such as EPA regulations for example.
Why is a “SECRET” stamp put on a piece of paper?
Is it just something done from force of habit?
It is a conscious decision that is made so that anyone coming in contact with the document knows whether to view or handle the document.
It is not just about who can see the document. It is about who cannot see the document. And I’m not talking about spies. I’m talking about people who do not need to know what is on that document. In the military, if you do not have a SECRET security clearance, and you walk into a room and see a document with SECRET stamped on it, you’d better not pick it up and start reading it.
Intelligence (secret information) isn’t just about one document. The enemy is gathering information from many sources. They put all that information together and try to figure out what we have and what we’re doing.
One slip-up by Hillary Clinton could provide our enemies with brand new information that causes them to look in other areas. Hillary’s slip-up could verify some other intelligence.
And worse, Hillary may have done it on purpose.
Yes, the security markings on a document are important and yes, intentionally removing that security marking betrays all of us. She didn’t accidentally erase some penciled-in marking. She intentionally tried to disguise the security warning on a government document.
Bad bad bad
People get hung for that kind of behavior.
You cant, or I should say you are not permitted to, send classified documents to any non-SIPERNET address/network.
The Sec of State can only declassify material for which she was the original classification authority. We are hearing that some of the classified material was from DoD sources. She doesn’t have the authority to declassify that. And, even she should go through a declassification review to ensure that she is declassifying it correctly.
Mrs. Clinton, as SecState, can only declassify those documents that she, herself a SecState created and set the classification level on. She cannot declassify documents from any other organization or offices in the State Department. Those documents would have to go to the State Department declassification office for review and determination.
As I replied to #30, the SoS is one of the Originating Classification Authorities, but not the only one. She has the authority to declassify information within her purview but not within some other OCA’s purview. If the classified material is DoD then she has to handle it according to their security guidelines. Each OCA has their security office generate a security classification guide which, by the name, provides guidance to all workers how to handle the material. To declassify material generally requires a process where the different stakeholders get a chance to reply to the effects of declassification.
Improper handling / transmittal of classified material.
If transmitted via electronic means, it must be on a system that’s secured for that material’s classification. For example:
+ Top Secret transmitted on a system cleared for Secret = Security Violation.
+ Secret transmitted on a system cleared for Top Secret = No Problem.
+ Any classified information transmitted to/from an unsecured system = Big Time Security Violation.
In addition, there are other restrictions as to permissible dissemination, restrictions, courier only, etc. You’d better be 110% confident and knowledgeable that the recipient is cleared to receive the classified information, too. A bottle of “White Out” and a fax machine bought from the local office supply store doesn’t cut it.
Such an insightful post.
If all the pundits who continue to profess complete bafflement at the Trump phenomenon want to buy a clue, they need only read your post. Nicely done.
title 18 sec 2071 ...... It also says anyone convicted is disqualified from holding US office.
All I can say is that you are correct.
She was drunk, so it doesn't count.
I frequently generated documents containing information I knew should be classified. I had the documents marked as appropriate, but my "classifying authority" derived from the commanding general of the base. He could declassify if he chose, but I couldn't.
I also generated reports which had sections which were purely mathematical analysis, or something like that. Those sections were always marked "UNCLASSIFIED," even though they were embedded in a classified document.
I saw a report yesterday, that her delay in returning from the break at the Democrat debate was not a bathroom trip, but dizziness.
Only the Original Classification Authority (OCA) can declassify documents. Hillary could claim the authority to declassify DoS documents, but not those from any other agency. The actions violated numerous regulations as well as US code and Executive Orders.
There are numerous people who have lost their clearances and even gone to jail for inadvertently disclosing classified info. Such information cannot be legally transferred out of secured locations by any means without authorization and never by non-secure methods such as email.
You can legally transfer materials from low systems to high systems (NIPR to SIPR), but never from high to low. Once material is loaded on a secure system, you cannot transfer it back to the low side even though it’s not classified.
18 U.S.C. § 1924
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
The email attests to her knowledge that the documents contained headers and classified information.
Which Hillary and her staff and Blumenthal all did.
I am honestly fearful of the country my grand sons are going to inherit.
Hillary’s argument has all along been that the documents on her server were not marked classified so she could not have known that the document were classified. The email shows that she ordered the documents scrubbed of classification notices. Shows intent, prior knowledge and pants on fire lying.
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