Friday, May 27, 2016

A Legal Case Against Clinton


Did Clinton break this law:

18 USC §1924 

There are five elements that must be met for a violation of it, and they can all be found in its section (a) 

“(1) Whoever, being an officer, employee, contractor, or consultant of the United States, and, 

(2) by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, 

(3) knowingly removes such documents or materials 

(4) without authority and 

(5) with the intent to retain such documents or materials at an unauthorized location [shall be guilty of this offense].”

As far as I understand the facts:

1 She was an officer/employee of the United States;

2 By virtue of her position or office she became possessed of materials or documents containing classified material, some so high level the State Department wouldn't release them, others whose release required redaction; 

3 Clinton knowingly set up her email system to route all of her emails to and through her unsecured server (including keeping copies stored on the server). She knowingly removed such documents and materials from authorized locations (her authorized devices and secure government networks) to an unauthorized location (her server).

She obviously knew what she was doing as per these examples even if, to stipulate for the sake of argument, she didn't understand the law, the ignorance of it being no excuse.

Two examples:

3(1) When Clinton drafted an email based on or containing classified information, she drafted that email on an authorized Blackberry, iPad or computer. But when she hit “send,” that email was knowingly routed to her unsecured server — an unauthorized location — for both storage and transfer.

3(2) When she  moved the server to Platte River Networks (a private company) in June 2013, and then again when she transferred the contents of the server to her private lawyers in 2014, the classified materials were in each instance again removed to another unsecured location.

4 A private residence could be an “authorized” location, and non-government servers and networks could be “authorized” to house and transfer classified materials, there are specific and stringent requirements to achieve such authorization. The point is just being SoS didn’t allow her to authorize herself to be the requirements for retaining and transmitting classified documents, materials and information.

The IG's report clarifies that her use her private email server in her home was undertaken with proper authority.

5 Intent is to be inferred from all the facts. Can there be any question she did all this with the intention of retaining the documents where she wasn't supposed to?

It inconceivable that Clinton didn’t know the emails she received, and more obviously, the emails that she created, stored and sent with the server, would and did contain classified information.

Where are the flaws in this analysis?

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