Posted on 03/22/2015 9:17:44 AM PDT by E. Pluribus Unum
According to the Daily Caller, not signing the “formal separation agreement” (OF-109) upon departing employment at the State Department can have “dire consequences.”
These comments come from well known State Department security agent and whistle-blower, Richard Higbie:
“Ramifications for lower-level State Department employees include the withholding of retirement benefits and possible investigations conducted by the agency into why employees declined to sign the form, whistle-blower Richard Higbie says.”
Per the State Department’s own rules, employees leaving the agency must sign the OF-109 document, certifying that turned over any and all documents in their possession related to any State Department business.
If what Higbie said is true, then the State Department would appear to holds a double standard for their departing Presidential appointees.
On Tuesday, State Department spokeswoman Jen Psaki said that there is no record of Clinton signing the OF-109 document:
“We have reviewed Secretary Clinton’s official personnel file and administrative files, and do not have any record of her signing the OF-109. In addition, after looking into their official personnel files, we did not locate any record of either of her immediate predecessors signing this form.”
Although Psaki said there are no consequences for not signing the document, reports from Higbie rebut this claim:
“You don’t have a choice. They will not give you your retirement benefits if you don’t sign the separation agreement.
If you don’t sign the separation agreement any pay that’s coming to you, any retirement benefits or anything you put into 401ks, none of that’s going to come to you if you don’t sign the separation agreement.”
Many news companies and watchdog organizations filed FOIA requests for Clinton’s personal emails. According to the Washington Free Beacon, some of these FOIA request have gone missing.
Just for the sake of debate, is the Secretary an appointee or an employee?
yeah , right after Odungo gets impeached
No wonder Obama wants to exempt the White House records from FOIA participation......More hiding of activity.
Employee, unless she did it for FREE, and even then she would still be considered by the IRS as an employee for TAX purposes
Just remember CONGRESS could stop it overnight and get all the answers necessary to put her in prison for LIFE::
Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!
Congress can Remove the President
Congress can remove the head of every executive agency
Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish.
Congress can declare WAR
No other governing body has even 10% of the power CONGRESS has!!
CONGRESS IS ALLOWING ALL OF IT!!!
Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)
If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.
Statutory criminal contempt is an alternative to inherent contempt.
Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.
Imprisonment may be coercive or punitive.
Some references
[1] Joseph Story’s Commentaries on the Constitution, Volume 2, § 842
http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html
[2] Anderson v. Dunn - 19 U.S. 204 - “And, as to the distance to which the process might reach, it is very clear that there exists no reason for confining its operation to the limits of the District of Columbia; after passing those limits, we know no bounds that can be prescribed to its range but those of the United States.”
http://supreme.justia.com/cases/federal/us/19/204/case.html
[3] Jurney v. MacCracken, 294 U.S. 125
http://supreme.justia.com/cases/federal/us/294/125/case.html
73rd Cong., 78 Cong. Rec. 2410 (1934)
https://archive.org/details/congressionalrec78aunit
[4] McGrain v. Daugherty, 273 U.S. 135 - Under a warrant issued by the President of the Senate the Deputy to the Senate Sergeant at Arms arrested at Cincinnati, Ohio, Mally S. Daugherty, who had been twice subpoenaed by the Senate and twice failed to appear.
http://supreme.justia.com/cases/federal/us/273/135/case.html
[5] Rules of the House of Representatives, Rule IV Duties of the Sergeant at Arms - [] execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker.
http://www.gpo.gov/fdsys/pkg/HMAN-105/pdf/HMAN-105-pg348.pdf
[6] An analysis of Congressional inquiry, subpoena, and enforcement
http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/
One Word! Goosesteppers!!
Herself, Madame Benghazi, the Cold & Joyless, would NEVER consent to being a mere employee. Herself was the BOSS, doncha know, and the rules did not apply.
A very finely honed sense of entitlement, yessiree, Bob.
Wonder if Condoleezza Rice could have gotten away with such a scheme? More to the point, would she ever have thought it up?
#1 Question. Did Huma Abenin sign it?
I want Obama impeached as much as anyone does, but it is not going to happen under any circumstances. There will never be 67 votes to convict in the Senate.
So she doesn’t get her pension. She doesn’t care about that.
But she’s dead-broke!
Post 6 for further reference
“Just for the sake of debate, is the Secretary an appointee or an employee?”
*****************************************************************************************************
ahhh...BOTH.
The way Psaki frames her answer is suspicious, as is her unsolicited claim that OF-109 forms for Rice and Powell were not found either.
Her statements do not speak to whether Hillary ever signed an OF-109 — just to the State Dept’s incompetence to find it.
1. Did Hillary sign form OF-109 or not?
2. Some unlucky person was responsible for processing Hillary out. What is their name? They need to be questioned under oath about what happened with this, where the documents should be, whether anyone intervened in the standard process, etc.
3. Did Hillary sign some other form of separation agreement, not entitled OF-109?
4. Did Hillary or her minions “vacuum the files” and take the document? Has Sandy Berger been in the file room?
5. Doesn’t the State Dept keep digital copies of employee records, not just paper copies? Were those checked? Evidence of file deletions?
When dealing with professional obfuscators, reporters must ask questions that force out the truth. First they have to desire to find it.
Clinton is no “ordinary” plaebe employee. She’s a clinton. The queen bee. How dare the plaebes suggest she be held to the same standards as the rest of the unwashed masses.
Forms were required to be signed directly in front of a State Dept official.
State Dept employees who traveled out of town had to take the forms to a bank to be notarized to affirm that it was signed.
State Dept employees leaving its employ had to sign forms or else face dire penalties.
State employees knew that personal electronic devices used day-to-day could be surrendered if suspected for improper usage.
===============================================
On Tuesday, State Department spox Jen Psaki said that there is no record of Clinton signing the OF-109 document:
Psaki is engaged in a cover-up----her unsolicited claims that OF-109 forms for Condi Rice and Colin Powell were not found is apples and oranges----Rice and Powell are not accused of having homebrew servers.
An individual at State was responsible for processing Hillary out......that person needs to be questioned under oath WRT where Hillary's separation document is, and whether anyone intervened in the process.
We could be looking at Hillary, or her minions, “vacuuming the files” ---- taking documents belonging to the US govt.
It's impossible to believe that the State Dept doesn't keep digital copies of employee records, along w/ paper records.
Evidence of file deletions is a serious crime.
The Clinton’s are above consequences. As are all liberal politicians.
.
~Ping~
Just remember CONGRESS could stop it overnight and get all the answers necessary to put her in prison for LIFE::
Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!
Congress can Remove the President
Congress can remove the head of every executive agency
Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish.
Congress can declare WAR
No other governing body has even 10% of the power CONGRESS has!!
CONGRESS IS ALLOWING ALL OF IT!!!
Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)
If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.
Statutory criminal contempt is an alternative to inherent contempt.
Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.
Imprisonment may be coercive or punitive.
See # 6 for references.
Thanks eyeamok and hoosiermama. Congress are allowing the country to fall apart because they are all compromised and blackmailed.
[JMO, I think there may be two Congressmen who are not blackmailed.]
Thanks for the ping. OUT-OF-CONTROL executive branch. Check$ and Balance$? CONgre$$?
pffft
Transformation/subjugation WITHOUT representation. ZERO representation.
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