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Hillary’s server secrecy is a federal crime

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Unread 08.20.15, 07:16 PM
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Hillary’s server secrecy is a federal crime

08.20.15 11:15 AM

In the ongoing State Department server saga, there’s been a lot of soft criticism of Hillary Clinton. It looks bad. She should have known better. She didn’t seem to understand the implications of messing with data systems. She thought being secretary of state allowed her a wide berth of discretion.

What she allegedly did was criminal.

Speaking to The Washington Free Beacon, Chris Farrell — a former Army counterintelligence agent and current lawyer for Judicial Watch — said Clinton and her two closest aides (Huma Abedin and Cheryl Mills) violated at least two federal laws.

Sending classified information on a private server not covered under the umbrella of federal data security protocols “is a national security crime,” Farrell said.

While that seems like such an obvious matter of common sense, how exactly are Clinton’s server shenanigans criminal? Farrell and the Beacon break it down:
Two laws apply to the mishandling of classified data on unsecure networks, Farrell said.

The first is 18 USC Sec. 1924, which outlaws the unauthorized removal and storage of classified information. Penalties can include fines and imprisonment for up to one year.

That statute was used to prosecute retired Army General David Petraeus, a former CIA director who provided classified documents to his mistress and biographer, Paula Broadwell. Petraeus was sentenced to two years’ probation and a $40,000 fine as part of a plea deal in March.

A second federal statute that prosecutors could use to charge Clinton and her aides is 18 USC Sec. 793, a more serious felony statute Farrell described as a “hammer.”

That law covers national defense information and people who misuse it to injure the United States or benefit a foreign power.

Those convicted of violating that law face fines and up to 10 years in prison.

Petraeus was hammered for something that, when contrasted with Clinton’s calculating behavior, seems almost inadvertent.

Andrew Napolitano builds on that thought, rattling off a list of cases in which people were severely punished for security compromises that pale in comparison with Clinton’s:
Will she be indicted?

Consider this. In the past month, the Department of Justice indicted a young sailor who took a selfie in front of a sonar screen on a nuclear submarine and emailed the selfie to his girlfriend. It also indicted a Marine who sent an urgent warning to his superiors on his Gmail account about a dangerous Afghani spy who eventually killed three fellow Marines inside an American encampment. The emailing Marine was indicted for failure to secure classified materials. Gen. David Petraeus stored top-secret materials in an unlocked desk drawer in the study of his secured and guarded Virginia home and was indicted for the same crimes. And a former CIA agent was just sentenced to three years in prison for destroying one top-secret email.

Napolitano also suggests current FBI director James Comey, whom you may or may not particularly like, is at least probably principled enough not to play along with any political scheme from Obama’s Department of Justice that might sweep the Hillary affair under the rug.

“What will happen if the FBI recommends that Clinton be indicted and the White House stonewalls?” he posits. “Will FBI Director Jim Comey threaten to resign as he threatened to do when President George W. Bush wanted him to deviate from accepted professional standards? Will Clinton get a pass? Will the public accept that?”

The public still has much to learn about how deep Hillary’s alleged crimes go, because new bits of information — all bad for Clinton — keep dripping out on a daily basis. One of the several new items in Thursday’s dump of scandal revelations revolves around Hillary’s Blackberry device.

The State Department said Wednesday that it never issued Clinton a portable phone, and that it couldn’t locate the two issued to Abedin and Mills.

In other words, not only was Clinton’s email server off the federal grid for the duration of her tenure at the State Department; her mobile device was as well.

The post Hillary’s server secrecy is a federal crime appeared first on Personal Liberty®.

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