Contribute
CONNECT:

research

Form SF-312

- August 19, 2015

A State Department Form Clinton Was Required To Sign And Uphold Outlines Criminal Penalties For Mishandling Unmarked Classified Information

CLINTON MAINTAINS HER SECRET SERVER CONTAINING UNMARKED CLASSIFIED INFORMATION WAS LEGAL

At Yesterday's Press Conference, Clinton Maintained That "What I Did Was Legally Permitted…" CLINTON: "And no matter what anybody tries to say, the facts are stubborn. What I did was legally permitted, number one. First and foremost, okay?" (Hillary Clinton, Press Conference, Las Vegas, NV, 8/18/15)

Click To Watch

AN INTERNAL GOVERNMENT REVIEW FOUND THAT CLINTON EXCHANGED CLASSIFIED INFORMATION ON HER PRIVATE ACCOUNT

Clinton Sent At Least Four Emails From Her Private Account That Contained Classified Information. "An internal government review found that former Secretary of State Hillary Clinton sent at least four emails from her personal account containing classified information during her time heading the State Department." (Byron Tau, "Hillary Clinton Sent Classified Information Over Email While At State Department, Review Finds," The Wall Street Journal, 7/24/15)

  • Inspector General Spokeswoman: The Four Emails In Question "Were Classified When They Were Sent And Are Classified Now." "The four emails in question 'were classified when they were sent and are classified now,' said Andrea Williams, a spokeswoman for the inspector general." (Byron Tau, "Hillary Clinton Sent Classified Information Over Email While At State Department, Review Finds," The Wall Street Journal, 7/24/15)
  • Two Of The Emails Have Been Classified As "Top Secret." "As pressure builds on Hillary Clinton to explain her official use of personal email while serving as secretary of state, she faced new complications Tuesday. It was disclosed her top aides are being drawn into a burgeoning federal inquiry and that two emails on her private account have been classified as 'Top Secret.'" (Anita Kumar, Marisa Taylor and Greg Gordon, "'Top Secret' Emails Found As Clinton Probe Expands To Key Aides," McClatchy, 8/11/15)

The State Department Has Flagged 305 Emails For Potential Classified Information. "The State Department review of Hillary Rodham Clinton's emails so far has found as many as 305 messages that could contain classified information and require further scrutiny by federal agencies, the department said Monday. In a court filing that was part of a lawsuit against the State Department, officials told a federal judge in Washington they would be able to meet an existing schedule to release copies of Clinton's emails because only about 5 percent of the messages reviewed so far contain possible secret information that could hold them back for further analysis." (Stephen Braun, "US: Up To 305 Clinton Emails Might Have Classified Data," The Associated Press , 8/18/15)

ALL STATE DEPARTMENT PERSONNEL ARE REQUIRED TO CERTIFY THEY HANDLED ALL MARKED AND UNMARKED CLASSIFIED INFORMATION PROPERLY

According To A State Department Regulation Established In 1999 (12 FAM 546.1), "Each New Employee Is Required To Read And Sign Form SF-312, Nondisclosure Agreement."  "a. All employees must be afforded a briefing on these regulations. Each new employee is required to read and sign Form SF-312, Nondisclosure Agreement (see 12 FAM Exhibit 564.1), at the time of entrance on duty and prior to being afforded access to national security (classified) information." ("12 FAM 564.1," U.S. Department Of State Foreign Affairs Manual, 10/1/99; Accessed 8/12/15)

Form SF-312 Notes That "Classified Information Is Marked Or Unmarked…" "Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to classified information. As used in this Agreement, classified information is marked or unmarked classified information, including oral communications, that is classified under the standards of Executive Order 12958, or under any Executive order or statute that prohibits the authorized disclosure of information in the interest of national security; and unclassified information that meets the standards for classification and is in the process of a classification determination as provided in Section 1.1, 1.2, 1.3 and 1.4(e) of Executive Order 12958, or under any other Executive order or statute that requires protection for such information in the interest of national security." ("12 FAM 564.1," U.S. Department Of State Foreign Affairs Manual, 10/1/99; Accessed 8/12/15)

  • NOTE: Clinton Only Contends That She Never Sent Or Received Marked Classified Information, Rather Than Unmarked Classified Information. CLINTON: "Whether it was a personal account or a government account, I did not send classified material and I did not receive any material that was marked or designated classified which is the way you know whether something is." (Hillary Clinton, Press Conference, Las Vegas, NV, 8/18/15)

Click To Watch

Form SF-312 Makes It Clear That Signatories Have Been Advised That Breaching The Agreement Can Result In Criminal Prosecution, Dismissal, And Loss Of Clearance . "I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition I have been advised that any unauthorized disclosure by me may constitute a violation, or violations, of United States criminal laws, including the provisions of Sections 641, 793, 794, 798, *952 and 1924, Title 18, United States Code. *the provisions of Section 783(b), title 50, United States code, and the provisions of the intelligence Identities Protection Act of 1982. I recognize that nothing in the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation." ("12 FAM 564.1," U.S. Department Of State Foreign Affairs Manual, 10/1/99; Accessed 8/12/15)

Form SF-312 Specifies That All Classified Information "Will Remain The Property Of, Or Under The Control Of The United States Government," And Must Be Returned Upon Completion Of Employment. "I understand that all classified information to which I have access or may obtain access by signing this Agreement is now and will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classified information which have, or may have come into my possession or for which I am responsible for because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of my employment or other relationship with the Department or Agency that last granted me a security clearance or that provided me access to classified information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, Title 18, United States Code, a United States criminal law." ("12 FAM 564.1," U.S. Department Of State Foreign Affairs Manual, 10/1/99; Accessed 8/12/15)

Form SF-312 Requires A Security Debriefing Acknowledgement In Which Required Employees Affirm That They Had Returned All Classified Information, Would Not Transmit It, And Would Report To The FBI Any Unauthorized Person Seeking It. " I reaffirm that the provisions of the espionage laws, other federal criminal laws and executive orders applicable to the safeguarding of classified information have been made available to me; that I have returned all classified information in my custody; that I will not communicate or transmit classified information to any unauthorized person or organization; that I will promptly report to the Federal Bureau of Investigation any attempt by an unauthorized person to solicit classified information, and that I have) I have not) (strike out inappropriate word or words) received a security debriefing." ("12 FAM 564.1," U.S. Department Of State Foreign Affairs Manual, 10/1/99; Accessed 8/12/15)

And State Department Regulations Stipulate That "Each Employee, Irrespective Of Rank Must Certify" That Classified Material "Is Not In Their Household Or Personal Effects"

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)

According To A State Department Regulation Established In 2012 (12 FAM 533.2), "Each Employee, Irrespective Of Rank Must Certify" That Classified Information "Is Not In Their Household Or Personal Effects." "When departing a post upon transfer, resignation, or retirement, each employee, irrespective of rank, must certify as part of the post clearance procedure that: (1) They are not taking classified material from the post through any other than authorized means; (2) Such material is not in their household or personal effects; and (3) Such material will not be mailed or otherwise transmitted in violation of 12 FAM 536.10." ("12 FAM 533.2 Certification Upon Permanent Departure From Post," U.S. Department Of State Foreign Affairs Manual, 1/31/12)


Previous post

Fmr. Clinton Intel Chiefs: Hillary Email Scandal "Irresponsible," "Dangerous"

Next post

Clinton Rejects Energy Jobs
Republican National Committee

Connect With Us

Republican National Committee
Chairwoman Ronna McDaniel
News & Videos
  • 310 First Street SE, Washington, DC 20003
  • 202-863-8500

By providing your phone number, you are consenting to receive calls and SMS/MMS msgs, including autodialed and automated calls and texts, to that number from the Republican National Committee. Msg&data rates may apply. Terms & conditions/privacy policy apply 80810-info.com.

Paid for by the Republican National Committee. Not Authorized By Any Candidate Or Candidate's Committee. www.gop.com

By providing your phone number, you are consenting to receive calls and SMS/MMS msgs, including autodialed and automated calls and texts, to that number from the Republican National Committee. Msg&data rates may apply. Terms & conditions/privacy policy apply 80810-info.com.

Paid for by the Republican National Committee.
Not Authorized By Any Candidate Or Candidate's Committee. www.gop.com