Clinton Claims She Did Nothing Wrong In The Email Scandal, But Here Are Some Of The Many State Department Rules And Federal Laws She Violated
- This week, Clinton has been walking back any claims of misjudgment or mistakes regarding her email scandal, claiming "nothing that I did was wrong, it was not in any way prohibited," and that her private server was "permitted."
- But Clinton's exclusive use of private email while she was Secretary of State violated several major rules and regulations.
- Rule Violation #1: Clinton violated a Non-Disclosure Agreement she signed upon becoming Secretary by retaining records with classified information.
- Rule Violation #2: Clinton violated State Department regulations forbidding the storage of classified information anywhere other than "the chancery" or "consulate" even for "reasons of personal convenience."
- Rule Violation #3: Clinton used a BlackBerry to transmit classified information despite State Department policy prohibiting its use.
- Rule Violation #4: Clinton violated State Department policy by giving classified material to her lawyer despite the fact that he lacked an "approved classified material storage facility."
- Rule Violation #5: Clinton violated federal rules requiring she turn over all work-related emails by failing to turn over at least some.
CLINTON HAS CLAIMED THAT "NOTHING" SHE DID "WAS WRONG, IT WAS NOT IN ANY WAY PROHIBITED"
Clinton: "Nothing That I Did Was Wrong, It Was Not In Any Way Prohibited," In Fact, It Was "Permitted"
On Monday, At The CNN Democrat Town Hall Forum Clinton Said "Nothing That I Did Was Wrong, It Was Not In Any Way Prohibited" In Regards To Her Email Practices. CUOMO: "You're willing to say it was an error in judgment, should have apologized…" CLINTON: "No, I'm not willing to say it was an error in judgment because nothing that I did was wrong. It was not in any way prohibited…" CUOMO: "Not apologizing sooner…" CLINTON: "Well apologizing sooner. As soon as you can, but part of the problem, and I would just say this as not an excuse, but an explanation, when you're facing something like that, you've got to get the facts. And it takes time to get the facts. So when I said, 'Hey, take all my e-mails,' make them public that had never been done before, ever, by anybody. And so we've been sorting our way through this because it is kind of a unique situation, I'm happy people are looking at the e-mails. Some of them are frankly a little, little embarrassing. You know, you find out that sometimes I'm not the best on technology and things like that, but look, I think it's great. Let people sort them through and as we have seen, there is a lot of, you know, a lot of interest, but it's something that took - time to get done." (Hillary Clinton Remarks At CNN's Democrat Presidential Town Hall, Des Moines, IA 1/25/16)
In A Tuesday Interview With The Quad City Times, Clinton Repeated Her Assertion That Her Email Practices Were "Permitted." QUESTION: "I wanted to follow up on the forum, last night, you were asked about your email…" CLINTON: "Yes, uh huh…" QUESTION: "And you said that you did not make an error in judgement because you did nothing wrong…" CLINTON: "Yep." QUESTION: "Last fall, you said that, um, you should have used two email servers…" CLINTON: "Right, right." QUESTION: "…One for work, one for business…"CLINTON: "That to me sounded like an admission of an error in judgement, why would that not be the case?" CLINTON: "Well, you know, look, I just, I just think that it was a mistake not to have used two, because it's caused all of this, um, you know, this uproar, and commotion, the fact is, I sent all of my work based emails to 'state.gov' addresses, so they were in the system, and so there was no, uh, you know there was no break in what would have happened if I had been doing it from a separate email account. And so at the end of the day I think that it was kind of a wash, um, but it was a mistake because who wants to put people through all of this? I don't want to go through it, I don't want to put a lot of my friends through it. So, it was a mistake." QUESTION: "So it was a mistake because of the reaction…" CLINTON: "Yes, absol…" QUESTION: "Not because it would have made sense to use a work email for your purposes…" CLINTON: "It made sense, look, I know that this remains a subject of some, um, interest, obviously you are asking me, they asked me last night. The facts have not changed. I made a decision which at the time I thought was a convenient decision, it was permitted, I did it. Nobody ever said anything contrary to me. Then, when I said 'let my emails become public,' that was something that nobody else has done, at all, in the government. Maybe you can get them in 50 years, but I'm doing it in real time, look, so I am, um, I regret that this has caused so much of a diversion, which I think is unfounded, but I will continue to answer the questions that I'm asked about it." (Hillary Clinton, Interview With The Quad City Times, 1/26/16)
RULE VIOLATION #1: CLINTON VIOLATED A NON-DISCLOSURE AGREEMENT SHE SIGNED UPON BECOMING SECRETARY BY RETAINING RECORDS WITH CLASSIFIED INFORMATION
According To Section 7 Of Her NDA, Clinton Agreed To Return Any Classified Information She Gained Access To, And Further Agreed That Failure To Do So Could Be Punished Under Sections 793 And 1924 Of The US Criminal Code. (Hillary Clinton, Classified Information Non-Disclosure Agreement, 1/22/09,State Department Release, FOIA # F-2015-05069, 11/5/15)
- According To § 793 Of Title 18 Of The US Code, Anyone Who Willfully Retains, Transmits Or Causes To Be Transmitted, National Security Information, Can Face Up To Ten Years In Prison. "Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; -Shall be fined under this title or imprisoned not more than ten years, or both." (18 U.S.C. § 793(d))
- According To § 1924 Of Title 18 Of The US Code, Anyone Who Removes Classified Information "With The Intent To Retain Such Documents Or Materials At An Unauthorized Location," Can Face Up To A Year In Prison. "Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both." (18 U.S.C. § 1924(a))
Clinton's Secret Server Retained 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)
RULE VIOLATION #2: CLINTON VIOLATED STATE DEPARTMENT REGULATIONS FORBIDDING THE STORAGE OF CLASSIFIED INFORMATION ANYWHERE OTHER THAN "THE CHANCERY" OR "CONSULATE" EVEN FOR "REASONS OF PERSONAL CONVENIENCE"
The State Department Has Acknowledged That The Secretary Is Subject To The Foreign Affairs Manual's Guidelines For Handling Classified Information
The State Department Finally Admitted The Foreign Affairs Manual Rules Regarding The Handling Of Classified Information Applied To The Secretary Of State. REPORTER: "I had asked you a question the other day and you said you would get me an answer to it and the question is whether the Foreign Affairs Manual applies to secretaries of state. Does it?" MARK TONER: "So I did do some research into this, as did others. It is… The Foreign Affairs Manual is not comprehensive nor is it a bible for all Foreign Service officers or civil servants. What do I mean by that? I mean it's not… For example there is things in there about reimbursement of the use of your private vehicle, certainly that doesn't apply to the Secretary of State. Or many people within the State Department, what's contained in the Foreign Affairs Manual and I apologize, this is kind of in the weeds question, all of that is not necessarily relevant to for example ambassadors or secretaries of state or senior department officials. If I can say what I think the essence of your question was and I'm sorry if this is presumptive was whether they are bound by the responsibility to protect classified information. That certainly is true, that any Secretary of State, any senior State Department official is bound by that then I spoke about this the other day that any individual whether you're the Secretary of State on down takes that responsibility seriously." ( State Department Press Briefing, 9/3/15)
The Manual During Clinton's Tenure Clearly Outlines That Classified Information Cannot Be Stored "Outside The Chancery, Consulate, Etc., Merely For Convenience"
According To A State Department Regulation In Effect During Clinton's Tenure (12 FAM 531), "Classified Material Should Not Be Stored At A Facility Outside The Chancery, Consulate, Etc., Merely For Convenience." "Classified material should not be stored at a facility outside the chancery, consulate, etc., merely for convenience. In order to store classified material, a post must demonstrate to the regional security officer (RSO) a legitimate need to have material at a given location, as well as provide a justification for the level of classified material to be stored." ("12 FAM 531 General," U.S. Department Of State Foreign Affairs Manual, 5/14/10; Web Archive, 10/13/12)
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)
But Clinton's Secret Server Containing Classified Information Was Located At Her Home Despite Regulations Declaring "Residences Are Not Considered Official Premises"
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)
Platte River Networks Took Clinton's Secret Server From Her Home To New Jersey, Where It's Physical Location Remained In Violation Of State Department Policies
Platte River Networks Took The Server From Chappaqua To New Jersey In June 2013. "Platte River representatives have said the company took Clinton's server from her Chappaqua, N.Y., home in June 2013, transferring it to a secure facility in New Jersey." (Rosalind S. Helderman, "For IT Firm Clinton Server Gives Rough Introduction To Presidential Politics," The Washington Post , 8/19/15)
Clinton Hired Platte River Network To Manage Server In June 2013. "Boian said Bill and Hillary Clinton hired Platte River in June 2013 - four months after Clinton stepped down as secretary of state - after the company submitted a proposal for IT work to the high-powered couple." (Rosalind S. Helderman, "For IT Firm Clinton Server Gives Rough Introduction To Presidential Politics," The Washington Post , 8/19/15)
A Lawyer for Platte River Networks Stated That The Homebrew Server's Information "Had Been Migrated Over To A Different Server For Purposes Of Transition" To A Server Run By Platte River Networks. "Platte River Networks has retained control of the old server since it took over management of the Clintons' e-mail system. [The Platte River Attorney] said that the old server 'was blank,' and no longer contained useful data. 'The information had been migrated over to a different server for purposes of transition,' from the old system to one run by Platte River, she said, recalling the transfer that occurred in June 2013." (Tom Hamburger and Karen Tumulty, "Hillary Clinton's E-mail Server Turned Over To FBI," The Washington Post , 8/12/15)
Clinton Often Says She Opted For A Secret Server Out Of "Convenience," Which Is In Violation Of State Department Policy
Clinton: "First, When I Got To Work As Secretary Of State, I Opted For Convenience To Use My Personal Email Account…" CLINTON: "First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two. Looking back, it would've been better if I'd simply used a second email account and carried a second phone, but at the time, this didn't seem like an issue." (Hillary Clinton, Remarks At The United Nations, New York, NY, 3/10/15)
Clinton: "I Chose To Use An Email For Convenience When I Was Secretary Of State." CLINTON: "Well, actually it's not complicated. In fact, if you can cut through the efforts to make it complicated, it is pretty straightforward. I chose to use an email for convenience when I was Secretary of State." (Hillary Clinton, Interview With WHO-DM, 7/27/15)
RULE VIOLATION #3: CLINTON USED A BLACKBERRY TO TRANSMIT CLASSIFIED INFORMATION DESPITE THE STATE DEPARTMENT PROHIBITING ITS USE
As Of December 2, 2009, The Foreign Affairs Manual Has Explicitly Stated “Classified Processing And/Or Classified Conversation On A PDA Is Prohibited”
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 2014, State Department Spokesperson Jen Psaki Said Discussing Classified Information On A BlackBerry Is Prohibited By Department Policy, And That BlackBerrys Are Considered Unclassified Devices
In A 2014 State Department Press Briefing, State Department Spokesperson Jen Psaki Said Processing Or Discussing Classified Information On A BlackBerry Is Prohibited By Department Policy. QUESTION: "On the issue of how you discuss things, do State Department officials routinely use encrypted phones, mobile phones, for their conversations so that comments like that one do not become public?" STATE DEPARTMENT SPOKESPERSON JEN PSAKI: "Well, Arshad, for obvious reasons, I can't outline for you everything that we do. I can tell you that data encryption is available for all Department of State employee-issued, government- owned BlackBerry devices, regardless of rank. All Department of State government-owned BlackBerry devices have data encryption. However, they don't have voice encryption. And of course, as you know -- I know you didn't ask this, but just to add one more additional point - classified processing and classified conversation on a personal digital assisted device is prohibited in accordance with Department policy, which, of course, is not what this was, but just to add a point." (Press Briefing, State Department, Washington DC, 2/7/14)
Psaki: "Well, I Just Said That Classified Processing And Classified Conversation On A Personal Digital Assisted Device Is Prohibited." (Press Briefing, State Department, Washington DC, 2/7/14)
When Pressed On Whether A State Department Employee Is Prohibited From Discussing Classified Material On A Deceive, Psaki Replied "Exactly." QUESTION: "So -- but here's -- I mean, I don't -- several things I don't understand. When you say personal, do you mean privately owned?" PSAKI: "Any device that is -- that you're having conversations on that is..." QUESTION: "OK. So you're not allowed to discuss classified material on a device. Correct?" PSAKI: "On an unclass -- right. Exactly." (Press Briefing, State Department, Washington DC, 2/7/14)
State Department Official Wendy Sherman Bragged That Secretary Clinton Used Her BlackBerry To Negotiate Middle East Peace Talks, Correspondence Which Has Now Been Classified
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)
- Emails Regarding The Quartet Statement Have Now Been Deemed Classified. "The State Department considered the correspondence sensitive enough that the department deemed some of those emails to now be classified, and officials redacted details before the emails were released to the public." (Ed Henry, "Video Suggests Clinton Shared Info That 'Would Never Be On An Unclassified System' Normally" Fox News , 1/26/16)
The U.S. Government Defines Any Information Written Or Spoken That Is Provided In Confidence To U.S. Officials By Their Foreign Counterparts As "Foreign Government Information." "In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own 'Classified' stamps now identify as so-called 'foreign government information.' The U.S. government defines this as any information, written or spoken, provided in confidence to U.S. officials by their foreign counterparts." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
Foreign Government Information Must Be "Presumed" Classified To Protect National Security And The Integrity Of Diplomatic Interactions. "This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be 'presumed' classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
RULE VIOLATION #4: CLINTON VIOLATED STATE DEPARTMENT POLICY BY GIVING CLASSIFIED MATERIAL TO HER LAWYER DESPITE THE FACT THAT HE LACKED AN "APPROVED CLASSIFIED MATERIAL STORAGE FACILITY"
Classified Information At The State Department Can Only Be Accessed In An Approved Facility At A Foreign Affairs Agency Or Contractor Facility
A Person Isn't Able To Receive Classified Material Solely By Virtue Of A Security Clearance, They Must Also Have Access To An Approved Classified Material Storage Facility. "A person is not entitled to receive classified material solely by virtue of having a security clearance and a need to know. He or she must also have approved classified material storage facilities." ("12 FAM 536.1-3 Determination Of Storage Capability," U.S. Department Of State Foreign Affairs Manual, 5/14/2010)
In Discussing The "Determination Of Storage Capability" Of Classified Information, The Foreign Affairs Manual Only References Foreign Affairs Agencies And Contractor Facilities. "A person is not entitled to receive classified material solely by virtue of having a security clearance and a need to know. He or she must also have approved classified material storage facilities. Not all foreign affairs agencies, or contractor facilities, domestically or abroad, have storage capability for classified material." ("12 FAM 536.1-3 Determination Of Storage Capability," U.S. Department Of State Foreign Affairs Manual, 5/14/2010)
Kendall Held Classified Materials In His Law Firm's Office For Months
In July 2015, The State Department Arranged For A Safe To Be Installed In Kendall's Law Firm To Hold A Thumb Drive Of Clinton's Emails. "The State Department is facing a second lawsuit seeking details of how the diplomatic agency decided to permit Hillary Clinton's lawyer to retain a thumb drive containing tens of thousands of her emails even after authorities decided some of them were classified… However, after State determined that some of the messages were classified, in July officials arranged for the installation of a safe at Kendall's law firm to hold the thumb drive." (Josh Gerstein, "Lawsuit Seeks Info On Hillary Clinton Lawyer's Thumb Drive," Politico, 9/10/15)
Kendall Didn't Turn Over Custody Of This Thumb Drive Until August 5, 2015. "By late July, the FBI requested return of the drive to government custody. Kendall turned it over on August 5." (Josh Gerstein, "Lawsuit Seeks Info On Hillary Clinton Lawyer's Thumb Drive," Politico, 9/10/15)
The State Department Has Admitted Kendall's Office Safe Was Inadequate For Handling Clinton's Emails
The State Department Conceded Clinton's Lawyer Did Not Have A Secure-Enough Method For Storing Clinton's Emails. "The State Department has told Senate investigators that it didn't provide Hillary Rodham Clinton's lawyer with a secure-enough method to read now-highly classified material from her homebrew email server because it didn't anticipate that the messages would be deemed so secret." (Jack Gillum and Eric Tucker, "US: Clinton Email Storage Safe Not Secure For Some Messages," The Associated Press , 9/28/15)
The Safe Installed In Kendall's Office "Wasn't Suitable For So-Called Top Secret, Sensitive Compartmented Information, Known As TS/SCI, Which The Government Has Said Was Found In Some Messages." "In July, State Department officials installed a safe at the office of attorney David Kendall after the government determined some of Clinton's emails may have contained classified information. But it said last week the safe wasn't suitable for so-called top secret, sensitive compartmented information, known as TS/SCI, which the government has said was found in some messages." (Jack Gillum and Eric Tucker, "US: Clinton Email Storage Safe Not Secure For Some Messages," The Associated Press , 9/28/15)
As A "Consultant" Or "Contractor," Kendall Would Be Bound By State Department Regulations On The Storage Of Classified Information
The Foreign Affairs Manual Update From May 14, 2010, Stated That Consultant And Contractor Storage Of Classified Information Is Governed By 12 FAM 570. "Regulations concerning storage requirements for authorized consultants and contractors engaged in work involving classified information are covered in 12 FAM 570." ("12 FAM 531 General," U.S. Department Of State Foreign Affairs Manual, 5/14/10; Web Archive, 1/13/13)
- A Recent Foreign Affairs Update Maintained This Provision . "12 FAM 570 covers storage requirements for authorized consultants and contractors working with classified information." ("12 FAM 531 General," U.S. Department Of State Foreign Affairs Manual, 6/25/15)
The Regulations In 12 FAM 570 Apply To All State Department Operations Domestically And Abroad. "This chapter applies to the Department's operations domestically and abroad, including U.S. missions to international organizations, and contractors performing under contract to the Department, from pre-contract award to post-contract completion." ("12 FAM 571.2 Applicability," U.S. Department Of State Foreign Affairs Manual, 8/6/13)
Kendall Would Also Be Bound By All Regulations Found In The National Industrial Security Program's Operating Manual (NISPOM)
The National Industrial Security Program (NISP) Applies To All Executive Branch Departments And Agencies As Well As All Cleared Contractor Facilities Located Within The U.S. "The NISP applies to all Executive Branch Departments and Agencies and to all cleared contractor facilities located within the United States and its territories." ("Operating Manual," National Industrial Security Program, Department of Defense, 2/28/06, p. 1-1-2)
- The NISP Is A Partnership Between The Federal Government And Private Industry To Safeguard Classified Information. "The National Industrial Security Program (NISP) is a partnership between the federal government and private industry to safeguard classified information." ("National Industrial Security Program," National Archives, Accessed 9/15/15)
All Contractor Firms Must Have A Facility Security Officer Responsible For Compliance With Contract Security Requirements And Adherence To NISPOM. "All cleared contractor firms must designate an individual as their facility security officer who is responsible for the administration of the company's industrial security program and adherence to the NISPOM and any contract security requirements." ("12 FAM 573.3-2 Department Contractor Personnel," U.S. Department Of State Foreign Affairs Manual, 8/6/13)
Contractors Must Implement All Applicable Terms Of The NISPOM. "Standard Practice Procedures. The contractor shall implement all applicable terms of this Manual at each of its cleared facilities." ("Operating Manual," National Industrial Security Program, Department of Defense, 2/28/06, p. 1-2-1)
The Secretary Of State Delegated Its Authority On Industrial Security Services To The Secretary Of Defense. "The Secretary of Defense has entered into agreements with the departments and agencies listed below for the purpose of rendering industrial security services. This delegation of authority is contained in an exchange of letters between the Secretary of Defense and… 4) the Secretary of State…" ("Operating Manual," National Industrial Security Program, Department of Defense, 2/28/06, p. 1-1-2)
Kendall, As A Contractor, Was Required To Institute A Series Of Security Protocols To Safeguard Classified Information
Contractors Storing Classified Material Must Have A System Of Security Checks At The Close Of Each Work Day. "Contractors that store classified material shall establish a system of security checks at the close of each working day to ensure that all classified material and security repositories have been appropriately secured." ("Operating Manual," National Industrial Security Program, Department of Defense, 2/28/06, p. 5-1-1)
Contractors Must Establish Procedures For Safeguarding Classified Material In Emergency Situations. "Contractors shall develop procedures for safeguarding classified material in emergency situations." ("Operating Manual," National Industrial Security Program, Department of Defense, 2/28/06, p. 5-1-1)
RULE VIOLATION #5: CLINTON VIOLATED FEDERAL RULES REQUIRING SHE TURN OVER WORK-RELATED EMAILS UPON LEAVING OFFICE
Federal Regulations Also Required That Clinton Hand Over All Work-Related Emails Once She Left The State Department
"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)
Regulations Were Updated Shortly After Clinton Became Secretary Of State And Said Agencies That Allow Employees Use An Email System "Not Operated By The Agency Must Ensure That Federal Records Sent Or Received On Such Systems Are Preserved In The Appropriate Agency Record-Keeping System." "The rules also quickly became clearer. In 2009, just eight months after Clinton became secretary of state, the U.S. Code of federal regulations on handling electronic records was 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 record-keeping system.' The responsibility for making and preserving the records is assigned to 'the head of each federal agency.'" (Glenn Kessler, "Hillary Clinton's Claim That 'Everything I Did [On E-Mails] Was Permitted'," The Washington Post's Fact Checker , 7/9/15)
- Clinton Even Directed Her Staff To Avoid Conducting Official Department Business On Their Personal Email Accounts. "On top of that, when Clinton was secretary, a cable went out under her signature warning employees to 'avoid conducting official Department business from your personal e-mail accounts.'" (Glenn Kessler, "Hillary Clinton's Claim That 'Everything I Did [On E-Mails] Was Permitted'," The Washington Post's Fact Checker , 7/9/15)
Clinton Repeatedly Claimed That She Had Turned Over All Of Her Work Related Email To The State Department
On March 10, 2015, Clinton Claimed She Provided All Of Her Work-Related Emails To The State Department. CLINTON: "Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails -- emails about planning Chelsea's wedding or my mother's funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes." (Hillary Clinton, Remarks At A Press Conference At The United Nations, New York, NY, 3/10/15)
Clinton In May 2015: "We Have Released" All Emails That Have "Any Government Relationship." MSNBC's ANDREA MITCHELL: "On the emails, can you explain the criticisms of [inaudible] that your lawyers vetted these, so they're no really a public release and that you haven't really cooperated with putting everything out and at least one of these included information that was classified and involved the suspects of Benghazi." CLINTON: "Well first of all, I'm glad the emails are starting to come out. This is something that I've asked to be done for a long time and those releases are beginning. I want people to be able to see all of them and it is the fact that we have released all of them that have any government relationship whatsoever. In fact, the State Department had the vast majority of those anyway because they went to what are called .gov accounts. I'm aware that the FBI has asked that a portion of one email be held back. That happens in the process of Freedom of Information Act responses, but that doesn't change the fact that all the information in the emails was handled appropriately." (Hillary Clinton, Remarks At A Press Gaggle, Hampton, NH, 5/22/15)
During Her First National Television Interview In July 2015, "I Turned Over Everything I Was Obligated To Turn Over And Then I Moved On." KEILAR: "I know you say you were permitted. I am just trying to understand some of the thought process behind it. One former State Attorney General, a Democrat, told CNN that they know of no lawyer who would advise someone, a client facing the kind of scrutiny that you've been facing, to wipe their server. I mean, what do you say to that?" CLINTON: "Well what I say to that is, I turned over everything I was obligated to turn over and then I moved on. People delete their personal emails, their work-related emails, whatever emails they have on a regular basis. I turned over everything that I could imagine." (CNN's "Situation Room," 7/7/15)
- Clinton: "I Did Everything I Could To Make Sure People Got Anything That Was Related That I Had." (CNN's "Situation Room," 7/7/15)
On June 25, 2015, The State Department Revealed That It Had Not Received "All Or Part Of 15 Work-Related Emails" From Clinton
On June 25, 2015, 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)
"[T]he Fact That The State Department Says It Can't Find Them Among Emails She Provided Surely Will Raise New Questions About Clinton's Use Of A Personal Email Account And Server While Secretary Of State And Whether She Has Provided The Agency All Of Her Work-Related Correspondence, As She Claims." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)
The State Department Informed The Select Benghazi Committee That They Are No Longer Certain About Clinton's Claim That All Her Work Emails Were Included In The 55,000 Pages Of Documents Handed Over To The Department. "Clinton's use of the non-government email while in office was kept hidden from all but a small circle of aides, outside advisers, family members and friends. She says the single account for personal and professional purposes was a matter of convenience, and says all her work emails were included in the 55,000 pages of documents she later handed over to the State Department. Emails of a personal nature were destroyed, she says. The State Department informed the Select Benghazi Committee on Thursday that they are no longer certain that's the case, according to officials who spoke on condition of anonymity because they weren't authorized to speak publicly on the matter. The officials said Julia Frifield, the assistant secretary of state for legislative affairs, confirmed that 10 emails and parts of five others that the committee made public Monday couldn't be located in the department's records." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)
Elections Hillary Clinton