Hillary Clinton: Emailgate/Servergate (2009-)

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Issues: 2nd Amendment - Hillarycare - It takes a Village - SecState

Ethics: Alinsky - Watergate - Whitewater - Troopergate - IRS-gate - Filegate - Associates - Huma & Weinergate - Bill - Chelsea - Pardongate - Vandals - Benghazi - Emailgate - Liar
Greed: Cattlegate - Travelgate - Chinagate - Lincolngate - Lootergate (2001) - Lootergate (2012) - Giftgate - Clinton Foundation
Gasslighting: Go-Away - Rape Victim - Bimbo squad - Birthers - Russian Hackers - Nuclear Response Time - Quotes


After criticizing Bush and Secretary State Colin Powell for using a public email service while in office (they were using the separate emails for campaign communication, because the law implied they were not supposed to be using federal machines for that), and after she was warned by Congress in 2012 against using a private email account for government business, after Petraeus got fired for handling secure documents in a less than perfect way, instead of using the government-mandated process/servers, Hillary chose to setup her own private email, left it unsecured[1], deleted 30,000 emails without any auditing, said she gave all job pertinent emails to state, it illegally had top secret emails on it, she claimed she set it up only for the convenience of not carrying two devices, and so on. We know she lied about every one of those claims. All of which were crimes or violations of agreements. Yet, apologists persist to this day in implying she did nothing wrong (or at least criminally wrong). That's demonstrably false.

Crimes committed

Removal/Destruction of emails

U.S. Code Title 18, Chapter 1, Section 2071[2]

  • (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
  • (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

Guilty. Period. You can't delete a single email without being a criminal, let alone FBI director said thousands. More than that, she claimed the only thing she removed were things about yoga, wedding stuff, and personal things to Bill. (Bill and witnesses claims he never uses email). Then it turns out later that the reason the FBI wasn’t able to recover emails from those servers directly (they got them from people she’d sent them to), was because they used a 3rd party application to scrub and overwrite every file that was deleted. That's intent. This wasn't, "oops, I pressed delete" -- this was I went out and bought software to destroy evidence. You don’t use a super-secure delete utility for removing yoga emails, you only use something like that for things you REALLY don’t want the world to see. [3] And if there was any doubt, you had wikileaks showing Hillary and Podesta conspiring to remove the emails because they knew they would be problematic.[4] That's intent.

Perjury, Lies, Handling Classified Documents

  • She claimed that what she did was allowed under law/rules: FALSE. The Office of the Inspector General of the State Dep (OIG) concluded in a report that she had violate all the rules, she never sought permission, nor would she have gotten it, for what she did. When two members of the records division of State, complained about her private email server, her office guided them to "never speak of the Secretary's private email server again", showing she knew it was against the rules and laws.
  • Hillary Clinton she handed every single work-related email over to the State Department. FALSE. She signed a statement under the penalty of perjury, to that effect. But we know for a FACT that she did not. It took her 2 years before she turned over a filtered list (after deleting much more that she claimed were private), and we've since found that Benghazi-related emails between Mrs. Clinton and long-time confidant Sid Blumenthal were material and NOT included, as well as the Inspector General found emails sent from General Petraeus that were not included in Hillary's disclosure. Hillary Clinton just committed perjury, AND a crime by failing to deliver all relevant emails. She'd also lied about having used Blumenthal as an advisor.
  • She claimed she was willing to talk and be helpful to anyone about this topic and had answered all question asked of her by Government/State. The Inspector General report disagreed as she had refused to be interviewed by the OIG, and refused to allow any of her staff to be questioned or help with the investigation. Which means she lied.
  • Hillary Clinton earlier stated there was NO classified materials on her email servers and personal computers (Gen. Petraeus was charged with illegally storing classified documents in a locked drawer). Hillary had many Top Secret documents (1300+) and stored them on a server that anyone could hack into, AND on a portable hard-drive that her staff and attorneys had unrestricted access to. It turns out that some of the files she received and illegally stored, were surveillance photographs from our spy satellites (highest security clearance). That's a federal crime (1300 times), and another lie.
  • Someone on her team was removing the "top secret' stamps at the top (without authorization, that's a crime) and the only reason you'd do it, is you were forwarding that information to others (also against the law). This is also a crime. She lied that she knew anything about who would do that or why, then got caught sending the very email telling another federal employee to do it (and break the law). You can't get caught more red-handed than this.
  • Then she claimed publicly that there were no security breaches, yet the IG report claims they know of them having to shut down the server because of attacks a few times, her claim that "no one got in" is unknowable, but it seems highly likely that they did (her server was well below government standards for security, and documents were published in Russia that seem to have come from it).
  • The State Dept. Investigation came back that she lied, and the AP (Adminstration Press) was forced to admit that she "misstated facts" (also called criminal perjury) with regards to her (a) having secured the machine (b) everyone else did it, so it was allowed (they didn't and it wasn't) (c) everyone knew I did it (they hadn't known she exclusively used it) (d) she turned in her emails like everyone else had (she hadn't) (e) "I'm ready to talk to anyone about this" (only she refused to talk to the OIG and obstructed the investigation) [5]
But Colin Powell did it first:

The defense of her, water carriers claim that Colin Powell also had a private email account (hosted by AOL). However:

  1. That just proves she was aware that it was wrong, and did it anyways
  2. Powell's was NOT was self hosted (had better security)
  3. he was condemned for it by Hillary (so she should have known better)
  4. and the laws were strengthened in response to Powell's actions in 2004, 2005, and 2011.

And ethically, even if Powell was as wrong (he wasn't) that doesn't forgive Hillary (one crime does not decriminalize another). Hillary did far worse that Powell, 10 years later, after making a stink about the other sides behavior, then lying about it and obstructing investigations into it, and most of all Powell is not running for President. If he was, his behavior should be fair game.

So we have perjury, and a few different kinds of mishandling classified information (over a thousand times), and directing other federal representatives to break the law, and repeated lies about it. But that's not enough to convince the Hillary supporters that she wouldn't make a great candidate.

Evidence of crimes

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The FBI managed to interview her (sit and have Tea with her) on Saturday, and come a predetermined decision by Tues (over a Holiday weekend), that

  • (1) 110 e-mails in 52 e-mail chains have been determined to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential. (She lied and was incompetent).
  • 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. Three of those were classified (She lied and was incompetent)
  • "there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.... 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."... "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." ~ this is a crime, by the way.
  • 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. 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. 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.[6]

Different law for the Clinton's

Emailgate2.jpg
  • Although there is evidence of potential violations of the statutes regarding the handling of classified information... [We recommend against prosecution].
  • To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. ~ The problem here is the norm is to strip them of their security clearance and thus job, under threat of criminal prosecution, but they took the latter off the table, which removes the former. If she weren't a Clinton, she'd lose her security clearance, and thus couldn't be President, Sec. State, or anything significant in the government. But the FBI and DOJ is looking the other way. [7]

How others are treated

When the little people are guilty of the following crimes that Hillary committed (18 U.S.C. § 641, 793, 794, 798, 952, and 1924(a))[8], they generally have their lives ruined. They lose their security clearances and thus have to resign their jobs, at best. [9]

Laws against Perjury

Then there's 18 U.S.C. §§ 1621 and 1623 — laws against perjury. Her husband was impeached for these laws, so you think she'd know them. [10]

References

  1. Left Unsecured: http://thehill.com/policy/cybersecurity/235493-clinton-email-lacked-encryption-certificate-for-three-months
  2. U.S. Code Title 18, Chapter 1, Section 2071 :
  3. Scrubby hubby: https://www.neowin.net/news/hillary-clinton-used-bleachbit-to-wipe-emails
  4. Conspiring to delete:
  5. Email Server Lies:
  6. Here's the clearest FBI timeline/summary of what happened:
  7. FBI/Comey re-invents the law to convert guilt into innocence:
  8. 18 U.S.C. § 641, 793, 794, 798, 952, and 1924(a):
  9. Examples of 18 U.S.C. § 641, 793, 794, 798, 952, and 1924(a):
  10. Perjury (18 U.S.C. §§ 1621 and 1623):