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Clinton Struggles To Address New Developments In Email Scandal

- January 31, 2016

CONFRONTED WITH HER SIGNATURE ON A 2009 NDA AGREEING TO HANDLE UNMARKED CLASSIFIED INFORMATION PROPERLY, CLINTON STRUGGLED TO DEFEND HER OFT-STATED TALKING POINT

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When Confronted By The Non-Disclosure Agreement She Signed Which Explicitly States That Classified Information Can Be Unmarked, Clinton Falsely Claimed "There Has To Be Some Markings." STEPHANOPOULOS: "You know, you've said many times that the emails were not marked classified. The non-disclosure agreement you signed as Secretary of State says that that's really not that relevant. It says classified information is marked or unmarked classified and that all of you are trained to treat all of that sensitively and should know the difference." CLINTON: "Well of course and that's exactly what I did. I take classified information very seriously. You know, you can't get information off the classified system in the State Department to put on an unclassified system, no matter what that system is. We were very specific about that. And when you receive information, of course, there has to be some markings, some indication that someone down the chain thought that this was classified and that was not the case." (ABC's "This Week," 1/31/16)

But Under The Non-Disclosure Agreement Signed By Clinton "In Consideration Of Being Granted Access To Classified Information," She Agreed That "Classified Information Is Marked Or Unmarked Classified Information"

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)

 

CLICK HERE TO VIEW FULL SF-312 NON-DISCLOSURE AGREEMENT

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)

Clinton's Secret Server Contained Unmarked But Highly Classified Information, Exceeding "Top Secret"

The New York Times Headline: "Hillary Clinton Email Said To Include Material Exceeding 'Top Secret'" (Mark Mazzetti, "Hillary Clinton Email Said To Include Material Exceeding 'Top Secret,'" The New York Times , 1/19/16)

Clinton's Secret Server Even Contained Intelligence From Special Access Programs (SAP). " Hillary Clinton's emails on her unsecured, homebrew server contained intelligence from the U.S. government's most secretive and highly classified programs, according to an unclassified letter from a top inspector general to senior lawmakers. Fox News exclusively obtained the text of the unclassified letter, sent Jan. 14 from Intelligence Community Inspector General I. Charles McCullough III. It laid out the findings of a recent comprehensive review by intelligence agencies that identified "several dozen" additional classified emails -- including specific intelligence known as 'special access programs' (SAP)." (Catherine Herridge And Pamela Browne, "Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs," Fox News, 1/19/16)

Intelligence From "Secret Access Programs" Is Even More Sensitive Than Intelligence Designated "Top Secret. " "Intelligence from a 'special access program,' or SAP, is even more sensitive than that designated as 'top secret' - as were two emails identified last summer in a random sample pulled from Clinton's private server she used as secretary of state." (Catherine Herridge And Pamela Browne, "Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs," Fox News, 1/19/16)

  • SAP Is Restricted To Those With A "Need To Know" Access, As It Likely Reveals Sources And Methods Of Intelligence Collection, Or It Exposes A Human Asset. "Access to a SAP is restricted to those with a 'need-to-know' because exposure of the intelligence would likely reveal the source, putting a method of intelligence collection -- or a human asset -- at risk." (Catherine Herridge And Pamela Browne, "Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs," Fox News , 1/19/16)

CLINTON CLAIMS THAT THE CLASSIFICATION OF HER EMAILS IS STILL PART OF AN INTERAGENCY DISPUTE

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Today, Clinton Continued Her Claim That The "Top Secret" Classification On Her Secret Server Emails Were Part Of An "Interagency Dispute." STEPHANOPOULOS: "You did have that surprise on Friday. The State Department saying they will not release 22 e-mails of yours deemed top-secret. You want them released. Why are you so confident that release would not compromise national security? What do you know about those emails that we don't?" CLINTON: "Well, here's what I know. I know that this is, I think, a continuation of the story that has been playing out for months. There is no classified marked information on those e-mails, sent or received by me. Dianne Feinstein, the ranking member of the intelligence committee, who's had a chance to review them, has said that this email chain did not originate with me and that there were no classification markings. So I do want them released. And of course, I can't be clear about exactly what the reasons might be for some in the government as part of this interagency dispute to make this request not to make them public. But, I would like to see them disclosed and I think they can and should be disclosed from everything I'm told about them." (ABC's " This Week," 1/31/16)

But The Classification Of The Emails Is No Longer Part Of Any Interagency Dispute Because The State Department Agreed The Emails Contained "Top Secret" Information

The Associated Press Headline: "APNewsBreak: Gov't Declares 22 Clinton Emails 'Top Secret'" ("APNewsBreak: US Declares 22 Clinton Emails 'Top Secret,'" The Associated Press, 1/29/16)

The Declaration Was The First Time The Obama Administration Had Confirmed Clinton's Emails Contained "Top Secret" Information. "The Obama Administration confirmed for the first time Friday that Hillary Clinton's unsecured home server contained some of the U.S. government's most closely guarded secrets, censoring 22 emails with material demanding one of the highest levels of classification." ("APNewsBreak: US Declares 22 Clinton Emails 'Top Secret,'" The Associated Press, 1/29/16)

Seven Email Chains Will Be Withheld In Full Because They Contain "Information Deemed To Be 'Top Secret.'" "But The Associated Press has learned seven email chains are being withheld in full because they contain information deemed to be 'top secret.' The 37 pages include messages recently described by a key intelligence official as concerning so-called 'special access programs' - a highly restricted subset of classified material that could point to confidential sources or clandestine programs like drone strikes or government eavesdropping." ("APNewsBreak: US Declares 22 Clinton Emails 'Top Secret,'" The Associated Press, 1/29/16)

Click To Watch

The State Department Confirmed That The Decision To Fully Withhold "Top Secret" Emails From Clinton's Server Was A "State Department Decision." MATT LEE: "The Clinton campaign, spokesman for the campaign, says that this is the case of rampant over-classification and that they object withholding to you guys withholding these emails from public release. What's your response to that?" JOHN KIRBY: "I'm not going to be getting into debating or discussing candidates one way or the other on the campaign trail but what I will tell you is that we work closely with the intelligence community on this, as we have throughout this process, and at their request, we are upgrading this particular traffic." LEE: "So, it's not your determination necessarily that this information was top secret. In fact, you guys were prepared to release it until the intel community came in and said hey, wait a second." KIRBY: "No, I wouldn't say that. As I said, we had a long ongoing discussion about this traffic with them. At their request, we have decided to make this upgraded is a State Department decision. We are doing it but we are doing it at the request of the intelligence community and were going to continue to coordinate and consult with them going forward." (John Kirby , State Department Briefing, Washington DC, 1/29/16)

CLINTON CLAIMS THAT THE CLASSIFICATION OF HER EMAILS IS STILL PART OF AN INTERAGENCY DISPUTE

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Clinton Continues To Claim She Did Nothing Wrong, Claiming "It Was Permitted, My Predecessors Had Engaged In A Similar Practice." STEPHANOPOULOS: "Finally on his matter, a few months back you told my colleague David Muir that it was a mistake to set up this private server. Yet this just Monday, you said that there was no error in judgment. How do you square the two statements?" CLINTON: "Well look as I've said many times, it was permitted, my predecessors had engaged in a similar practice. It was not the best choice or I wouldn't be here talking to you about it. I'd be talking about what the people of Iowa are talking to me about, about affordable healthcare and jobs and rising wages and all of the concerns that are on their minds and be you know really able to answer their questions as I have been now for so many months." (ABC's "This Week," 1/31/16)

Clinton Violated State Department Rules Banning The Storage Of Classified Material In One's Residence Or Personal Affects For Matters Of "Convenience"

Clinton's Sever "Was Physically Located On Her Property." "Where was the server for her email located? The server for her email was physically located on her property, which is protected by U.S. Secret Service." (Press Release, "Statement From The Office Of Former Secretary Clinton," Office Of Hillary Rodham Clinton, 3/10/15; FactCheck.org, Accessed 7/24/15)

According To A State Department Regulation Established In 2012 (12 FAM 533.1), "Residences Are Not Considered Official Premises. You Must Not Remove Classified Material For Reasons Of Personal Convenience…" "You must not remove classified material from official premises except when necessary in conducting official meetings, conferences, or consultations, and you must return this material to safe storage facilities immediately upon the conclusion of the meeting, conference, or consultation. Residences are not considered official premises. You must not remove classified material for reasons of personal convenience or keep it overnight in personal custody." ("12 FAM 533.1 Overnight Custody," U.S. Department Of State Foreign Affairs Manual, 1/31/12)

Clinton Violated State Department Rules Banning The Use Of BlackBerries For Classified Communications

On December 2, 2009, The Foreign Affairs Manual Was Updated To State: "Classified Processing And/Or Classified Conversation On A PDA Is Prohibited." "Classified processing and/or classified conversation on a PDA is prohibited." ("12 FAM 683 Personal Digital Assistants," U.S. Department Of State Foreign Affairs Manual, 12/02/2010; Web Archive, 3/9/12)

In 2013, State Department Official Wendy Sherman Boasted About Secretary Clinton Negotiating Delicate Mid East Peace Negotiations Over Her BlackBerry While At The UN General Assembly In 2011 As Something "That Would Never Be On An Unclassified System… " SHERMAN: "Now we have BlackBerries, and it has changed the way diplomacy is done. Things appear on your Blackberries that would never be on an unclassified system, but you're out traveling, you're trying to negotiate something, you want to communicate with people, it's the fastest way to do it. My favorite story about this is the U.N. General Assembly, two years ago, Secretary Clinton was at the E.U., it was then the 'E.U. 27' meeting, where all of the foreign ministers were right along the long table, she was on one side of the table, Catherine Ashton was on the other side of the table, the representative for the European Union, they were trying to, during that U.N. General Assembly negotiate a Quartet Statement for Middle East peace, and so they sat there, as they were having the meeting, with their BlackBerries, transferring language back and forth between them and between their aides to multitask in quite a new fashion, to have the meeting and at the same time be working on the Quartet Statement," (Wendy Sherman Remarks At The American Foreign Service Association Conference, 2013)

Clinton Violated Federal Record Keeping Rules By Failing To Turn Over All Work-Related Emails

"National Archives And Records Administration Guidelines Require Public Officials To Make Such E-Mails Available So They Can Be Archived." (Michelle Ye Hee Lee, "The Misleading Democratic Spin On Hillary Clinton's E-Mails," The Washington Post's Fact Checker, 3/10/15)

In 2009, Clinton's First Year As Secretary, The U.S. Code Was Updated To Mandate That Emails Not Sent On Official Systems Be Turned Over To The Appropriate Agency Be Preserved. "Oct. 2, 2009: The U.S. Code of federal regulations on handling electronic records is updated: 'Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.' The responsibility for making and preserving the records is assigned to 'the head of each federal agency.'" (Glenn Kessler, "Hillary Clinton's Emails: A Timeline Of Actions And Regulations," The Washington Post , 3/10/15)

In June, The State Department Revealed That It Did Not Received "All Or Part Of 15 Work-Related Emails From Hillary Rodham Clinton's Private Server," Which Were Received By The House Select Committee On Benghazi. "The State Department has been unable to find in its records all or part of 15 work-related emails from Hillary Rodham Clinton's private server that were released this week by a House panel investigating the 2012 attack in Benghazi, Libya, officials said Thursday. The emails all predate the Sept. 11 assault on the U.S. diplomatic facility and include scant words written by Clinton herself, the officials said. They consist of more in a series of would-be intelligence reports passed to her by longtime political confidant Sidney Blumenthal, the officials said." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)

In October, An Attorney For Clinton Admitted That Clinton Did Not Turn Over Any Emails From Her First Two Months As Secretary Of State. "An attorney for former Secretary of State Hillary Clinton said this month that efforts to obtain lost email records from early in her tenure have been unsuccessful. The 30,000 emails turned over to the State Department last year didn't include any emails from her first two months as secretary of state due to technical issues in setting up Mrs. Clinton's personal email server." (Byron Tau, "Bid To Find Early Clinton State Department Emails Unsuccessful, Lawyer Says," The Wall Street Journal , 10/22/15)


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