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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: Wharf Rat who wrote (893658)10/14/2015 4:37:31 PM
From: Sdgla1 Recommendation

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FJB

  Read Replies (2) | Respond to of 1574490
 
To bad Nixon wasn't a dem...




To: Wharf Rat who wrote (893658)10/14/2015 5:11:17 PM
From: jlallen  Respond to of 1574490
 
Hillary lies againDiverting sensitive emails to the foundation server violated the law


Hillary Must Be Lying Illustration by Greg Groesch/The Washington Times more >

By Andrew P. Napolitano - - Wednesday, July 29, 2015

In a column I wrote in early July, based on research by my colleagues and my own analysis of government documents and eyewitness statements, I argued that in 2011 and 2012 Secretary of State Hillary Clinton waged a secret war on the governments of Libya and Syria, with the approval of President Obama and the consent of congressional leadership from both parties and in both houses of Congress.

I did err in that column with respect to an arms dealer named Marc Turi. I regret the error and apologize for it. I wrote that Mr. Turi sold arms to Qatar as part of Mrs. Clinton’s scheme to get them into the hands of rebels. A further review of the documents makes it clear that he applied to do so but was denied permission, and so he did not sell arms to Qatar. Other arms dealers did.

I also erred when referring to Qatar as beholden to Washington. In fact, Qatar is in bed with the Muslim Brotherhood and is one of the biggest supporters of global jihad in the world — and Mrs. Clinton, who approved the sales of arms to Qatar expecting them to make their way to Syrian and Libyan rebels, as they did, knew that. She and her State Department caused American arms to come into the possession of known al Qaeda operatives, a few of whom assassinated U.S. Ambassador Chris Stevens.

When Sen. Rand Paul, Kentucky Republican, asked Mrs. Clinton in January 2013 at a Senate Armed Services Committee hearing whether she knew of any weapons coming from the United States and going to rebels in the Middle East, she denied such knowledge. She either has a memory so faulty that she should not be entrusted with any governmental powers, or she knowingly lied.

It gets worse.

It now appears that Mrs. Clinton was managing her war using emails that she diverted through a computer server owned by her husband’s charitable foundation, even though some of her emails contained sensitive and classified materials. This was in direct violation of federal law, which requires all in government who possess classified or sensitive materials to secure them in a government-approved venue.

The inspector general of the intelligence community and the inspector general of the State Department each have reviewed a limited sampling of her emails that were sent or received via the Clinton Foundation server, and both have concluded that materials contained in some of them were of such gravity that they were obliged under federal law to refer their findings to the FBI for further investigation.

The FBI does not investigate for civil wrongdoing or ethical lapses. It investigates behavior that may be criminal or that may expose the nation’s security to jeopardy. It then recommends either that indictments be sought or the matter be addressed through non-prosecutorial means. Given Mrs. Clinton’s unique present position — as the president’s first secretary of state and one who seeks to succeed him, as well as being the wife of one of his predecessors — it is inconceivable that she could be prosecuted as Gen. David Petraeus was (for the crime of failing to secure classified materials) without the personal approval of the president himself.

Let’s be realistic and blunt: If the president wants Mrs. Clintonprosecuted for failing to secure classified materials, then she will be, no matter the exculpatory evidence or any political fallout. If he does not want her prosecuted, then she won’t be, no matter what the FBI finds or any political fallout.

I have not seen the emails the inspectors general sent to the FBI, but I have seen the Clinton emails, which are now in the public domain. They show Mrs. Clinton sending or receiving emails to and from her confidante Sid Blumenthal and one of her State Department colleagues using her husband’s foundation’s server, and not a secure government server. These emails address the location of French jets approaching Libya, the location of no-fly zones over Libya and the location of Stevens in Libya. It is inconceivable that an American secretary of state failed to protect and secure this information.

But it is not inconceivable that she would lie about it.

Federal statutes provide for three categories of classified information. “Top secret” is data that, if revealed, could likely cause grave damage to national security. “Secret” is data that, if revealed, could likely cause serious damage to national security. “Confidential” is data that, if revealed, could likely cause some damage to national security. Her own daily calendars, which she regularly emailed about, are considered confidential.

Mrs. Clinton has repeatedly denied ever sending or receiving data in any of these categories. She probably will argue that an email that fails to use the terminology of the statute cannot be deemed classified. Here the inspectors general have corrected her. It is the essence of the data in an email — its potential for harm if revealed — that makes its contents classified and the failure to protect it a crime — not the use of a magic word or phrase in the subject line.

She is no doubt lying again, just as she did to the Senate Armed Services Committee. Yet the question remains: Why did she use her husband’s foundation’s computer server instead of a government server, as the law requires? She did that so she could obscure what the server recorded and thus be made to appear different according to history from how she was in reality. Why did she lie about all this? Because she thinks she can get away with it.

Will American voters let her?

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is an analyst for the Fox News Channel. He has written seven books on the U.S. Constitution.



To: Wharf Rat who wrote (893658)10/14/2015 5:12:55 PM
From: jlallen  Read Replies (2) | Respond to of 1574490
 
The deceptions of Hillary ClintonOthers have been prosecuted for less


Illustration on Hillary Clinton’s server problems by Alexander Hunter/The Washington Times more >

By Andrew P. Napolitano - - Wednesday, August 19, 2015

While the scandal surrounding the emails sent and received by Hillary Clinton during her time as U.S. secretary of state continues to grow, Mrs. Clinton has resorted to laughing it off. This past weekend she told an audience of Iowa Democrats that she loves her Snapchat account because the messages automatically disappear. No one in the audience laughed.

Mrs. Clinton admits deleting 30,000 government emails from her time in office. She claims they were personal, and that because they were also on a personal server, she was free to destroy them. Yet, federal law defines emails used during the course of one’s work for the federal government as the property of the federal government.


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She could have designated which of the government’s emails were personal and then asked the government to send them to her and delete them from government servers. Instead she did the reverse. She decided which of her emails were governmental and sent them on to the State Department. Under federal law, that is not a determination she may lawfully make.

Yet, the 55,000 emails she sent to the feds were printed emails. By doing so, she stole from the government the metadata it owns, which accompanies all digital emails but is missing on the paper copies, and she denied the government the opportunity to trace those emails.

When asked why she chose to divert government emails through her own server, Mrs. Clinton stated she believed it would enable her to carry just one mobile device for both personal and governmental emails. She later admitted she carried four such devices.

Then the scandal got more serious, as Mrs. Clinton’s lawyers revealed that after she deleted the 30,000 emails, and printed the 55,000 she surrendered to the feds, she had the server that carried and stored them professionally wiped clean.

She had already denied routing classified materials through her server: “I did not email any classified material to anyone on my email. [I] did not send classified material.”

Then, the inspector general of the State Department and the inspector general of the intelligence community, each independent of the other, found four classified emails from among a random sample of 40.

Then the State Department inspector general concluded that one of the four was, in fact, top secret. Since it discussed satellite imagery of a foreign country and since it revealed intercepts of communications among foreign agents, it received additional legal protections that were intended to assure that it was only discussed in a secure location and never shared with a foreign government, not even an ally.

When Mrs. Clinton was confronted with these facts, she changed her explanation from “I did not send classified material” to “I never sent or never received any email marked classified.” Not only is she continually changing her story, but she is being deceptive again. Emails are not “marked classified.” They are marked “top secret” or “secret” or “confidential.” Her explanations remind one of her husband’s word-splitting playbook.

Last weekend the State Department located 305 of her undeleted emails that likely are in the top-secret, secret or classified categories.

What should be the consequence of her behavior with the nation’s most sensitive secrets?

If Mrs. Clinton is indicted for failure to secure classified information, she will no doubt argue that if one of the above markings was not on the email, she did not know it was top secret. If she does make that incredible argument — how could satellite photos of a foreign country together with communications intercepts of foreign agents possibly not be top secret? — she will be confronted with a judicial instruction to the jury trying her.

The judge will tell the jury that the secretary of state is presumed to know what is top secret and what is not. The only way she could rebut that presumption is to take the witness stand in her own defense and attempt to persuade the jury that she was so busy, she didn’t notice the nature of the secrets with which she was dealing.

Not only would such an argument be incredible coming from a person of her intellect and government experience, but it begs the question. That’s because by using only her own server, she knowingly diverted all classified emails sent to her away from the government’s secure venue. That’s the crime.

Will she be indicted?

Consider this. In the past month, the Department of Justice indicted a young sailor who took a selfie in front of a sonar screen on a nuclear submarine and emailed the selfie to his girlfriend. It also indicted a Marine who sent an urgent warning to his superiors on his Gmail account about a dangerous Afghani spy who eventually killed three fellow Marines inside an American encampment. The emailing Marine was indicted for failure to secure classified materials. Gen. David Petraeus stored top-secret materials in an unlocked desk drawer in the study of his secured and guarded Virginia home and was indicted for the same crimes. And a former CIA agent was just sentenced to three years in prison for destroying one top-secret email.

What will happen if the FBI recommends that Mrs. Clinton be indicted and the White House stonewalls? Will FBI Director James Comey threaten to resign as he threatened to do when President George W. Bush wanted him to deviate from accepted professional standards? Will Mrs. Clinton get a pass? Will the public accept that?