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Another Day, Another Misleading Response On Clinton's Email Scandal

- March 7, 2016

At Tonight's Fox News Town Hall, Clinton Refused To Answer How Emails She Sent Could Have Been Marked Classified. FOX NEWS'S BRETT BAIER: "The State Department has redacted and declared 21,001 of your work e-mails classified at least at the confidential level. 44 classified as secret, 22 classified as top secret. So you said at a March press conference in 2015, 'I did not e-mail any classified material to anyone on my e-mail. There is no classified material.' So can we say definitively that that statement's not accurate?" CLINTON: "No, you can't. Here's what happens, the State Department has a process for determining what is or isn't classified, if they determine it is, they mark it as classified." BAIER: "Who decides -" CLINTON: "The State Department decides." BAIER: "But what about you when you're typing an e-mail." CLINTON: "No, the State Department decides what is - and let me go a step further here, I will reiterate, because it's a fact, nothing I sent or received was marked classified." (Hillary Clinton, Remarks At Fox News Democrat Town Hall, Detroit, MI, 3/7/16)

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Clinton Originated Classified Messages Over 100 Times

Clinton Wrote 104 Emails That Contained Classified Information. "Hillary Clinton wrote 104 emails that she sent using her private server while secretary of state that the government has since said contain classified information, according to a new Washington Post analysis of Clinton's publicly released correspondence." (Rosalind S. Helderman and Tom Hamburger, "Clinton, On Her Private Server, Wrote 104 Emails The Government Says Are Classified," The Washington Post , 3/5/16)

Classified Information Is Supposed To Be Exchanged Only Over A Separate Network. " For federal employees other than Clinton, nearly all of the sensitive email was sent using their less secure, day-to-day government accounts. Classified information is supposed to be exchanged only over a separate, more secure network." (Rosalind S. Helderman and Tom Hamburger, "Clinton, On Her Private Server, Wrote 104 Emails The Government Says Are Classified," The Washington Post , 3/5/16)

Clinton Signed An Agreement Not To Mishandle All Classified Information: Marked Or Unmarked

On January 22, 2009, Hillary Clinton Signed A Classified Information Non-Disclosure Agreement That Was Supposed To Prevent Her From Transmitting Classified Information. (Hillary Clinton, Classified Information Non-Disclosure Agreement, 1/22/09, State Department Release, FOIA # F-2015-05069, 11/5/15)

As Part Of The Agreement Clinton Acknowledged That "Classified Information Is Marked Or Marked Or Unmarked Classified Information." (Hillary Clinton, Classified Information Non-Disclosure Agreement, 1/22/09, State Department Release, FOIA # F-2015-05069, 11/5/15)

The State Department Confirmed That Unmarked Information Could Still Be Considered Classified. REPORTER: "Over and over again you've said that nothing was marked classified at the time it was sent, but that doesn't necessarily mean, correct me if I'm wrong that it shouldn't have been or wasn't. Isn't that right?" KIRBY: "That's correct." REPORTER: "Just because something doesn't have a label on it doesn't mean that it isn't what is." KIRBY: "That's correct. REPORTER: So, in fact it could be that this stuff, in addition to be retroactively upgraded to top secret was in fact top secret at the time it was sent." KIRBY: "Well I'm not going to speculate and hypothesize but as I said questions about classification at the time these emails were sent will be and are handled by the state department." (John Kirby, State Department Briefing, Washington DC, 1/29/16)

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Clinton's Defenses That Emails Were "Retroactively Classified" Or "Upgraded" Are "Meaningless Under Federal Law." "While the State Department and Clinton campaign have said the emails in questions were 'retroactively classified' or 'upgraded' - to justify the more than 1,300 classified emails on her server - those terms are meaningless under federal law." (Catherine Herridge And Pamela Browne, "Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs," Fox News, 1/19/16)


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