Hillary Clinton used private email account at State Dept- NY Times

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http://www.nytimes.com/2015/03/03/u...il-at-state-department-raises-flags.html?_r=0

WASHINGTON — Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record.

Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.

It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.

Her expansive use of the private account was alarming to current and former National Archives and Records Administration officials and government watchdogs, who called it a serious breach.

“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business,” said Jason R. Baron, a lawyer at Drinker Biddle & Reath who is a former director of litigation at the National Archives and Records Administration.

A spokesman for Mrs. Clinton, Nick Merrill, defended her use of the personal email account and said she has been complying with the “letter and spirit of the rules.”

Under federal law, however, letters and emails written and received by federal officials, such as the secretary of state, are considered government records and are supposed to be retained so that congressional committees, historians and members of the news media can find them. There are exceptions to the law for certain classified and sensitive materials.

Mrs. Clinton is not the first government official — or first secretary of state — to use a personal email account on which to conduct official business. But her exclusive use of her private email, for all of her work, appears unusual, Mr. Baron said. The use of private email accounts is supposed to be limited to emergencies, experts said, such as when an agency’s computer server is not working.

“I can recall no instance in my time at the National Archives when a high-ranking official at an executive branch agency solely used a personal email account for the transaction of government business,” said Mr. Baron, who worked at the agency from 2000 to 2013.

Regulations from the National Archives and Records Administration at the time required that any emails sent or received from personal accounts be preserved as part of the agency’s records.

But Mrs. Clinton and her aides failed to do so.

How many emails were in Mrs. Clinton’s account is not clear, and neither is the process her advisers used to determine which ones related to her work at the State Department before turning them over.

“It’s a shame it didn’t take place automatically when she was secretary of state as it should have,” said Thomas S. Blanton, the director of the National Security Archive, a group based at George Washington University that advocates government transparency. “Someone in the State Department deserves credit for taking the initiative to ask for the records back. Most of the time it takes the threat of litigation and embarrassment.”

Mr. Blanton said high-level officials should operate as President Obama does, emailing from a secure government account, with every record preserved for historical purposes.

“Personal emails are not secure,” he said. “Senior officials should not be using them.”

Penalties for not complying with federal record-keeping requirements are rare, because the National Archives has few enforcement abilities.

Mr. Merrill, the spokesman for Mrs. Clinton, declined to detail why she had chosen to conduct State Department business from her personal account. He said that because Mrs. Clinton had been sending emails to other State Department officials at their government accounts, she had “every expectation they would be retained.” He did not address emails that Mrs. Clinton may have sent to foreign leaders, people in the private sector or government officials outside the State Department.

The revelation about the private email account echoes longstanding criticisms directed at both the former secretary and her husband, former President Bill Clinton, for a lack of transparency and inclination toward secrecy.

And others who, like Mrs. Clinton, are eyeing a candidacy for the White House are stressing a very different approach. Jeb Bush, who is seeking the Republican nomination for president, released a trove of emails in December from his eight years as governor of Florida.

It is not clear whether Mrs. Clinton’s private email account included encryption or other security measures, given the sensitivity of her diplomatic activity.

Mrs. Clinton’s successor, Secretary of State John Kerry, has used a government email account since taking over the role, and his correspondence is being preserved contemporaneously as part of State Department records, according to his aides.

Before the current regulations went into effect, Secretary of State Colin L. Powell, who served from 2001 to 2005, used personal email to communicate with American officials and ambassadors and foreign leaders.

Last October, the State Department, as part of the effort to improve its record keeping, asked all previous secretaries of state dating back to Madeleine K. Albright to provide it with any records, like emails, from their time in office for preservation.

“These steps include regularly archiving all of Secretary Kerry’s emails to ensure that we are capturing all federal records,” said a department spokeswoman, Jen Psaki.

The existence of Mrs. Clinton’s personal email account was discovered by a House committee investigating the attack on the American Consulate in Benghazi as it sought correspondence between Mrs. Clinton and her aides about the attack.

Two weeks ago, the State Department, after reviewing Mrs. Clinton’s emails, provided the committee with about 300 emails — amounting to roughly 900 pages — about the Benghazi attacks.

Mrs. Clinton and the committee declined to comment on the contents of the emails or whether they will be made public.

The State Department, Ms. Psaki said, “has been proactively and consistently engaged in responding to the committee’s many requests in a timely manner, providing more than 40,000 pages of documents, scheduling more than 20 transcribed interviews and participating in several briefings and each of the committee’s hearings.”

:patrice:
 
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714562

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Conservative twitter is abuzz over this but unless they find some incriminating emails, she'll dodge this just like Karl Rove dodged similar allegations in '08.
 

Jello Biafra

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Isn't John Kerry the first SoS to exclusively use a government email?
And if she was corresponding with other government officials (who presumably were using their government emails) then isn't everything she sent automatically archived?
Also if she was sending stuff from her private email to other government officials wouldn't someone have noticed and talked to her about moving to a government email?
This does play into the narrative about the "secretive control freak Clintons" though.
 

Digga38

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Like they can't retrieve whatever email she sent if need be
 

KingTut

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Scott Walker bout to boot scootin boogie his way into the white house cause of fukkery like this :francis:
 

KingpinOG

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All you can do is laugh at Higher Learning. The biggest story in politics right now involves a former Secretary of State/likely presidential candidate committing major ethical violations and possibly breaking federal law in order to avoid government transparency. And it garners a whopping six posts on this message board. Meanwhile I see threads about manufactured controversies involving "offensive" comments from Ben Carson, Rand Paul, Scott Walker, etc going ten pages plus.

You just have to love that liberal bubble. Just ignore whatever makes Democrats look bad!

#LowerLearning15
 

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All you can do is laugh at Higher Learning. The biggest story in politics right now involves a former Secretary of State/likely presidential candidate committing major ethical violations and possibly breaking federal law in order to avoid government transparency. And it garners a whopping six posts on this message board. Meanwhile I see threads about manufactured controversies involving "offensive" comments from Ben Carson, Rand Paul, Scott Walker, etc going ten pages plus.

You just have to love that liberal bubble. Just ignore whatever makes Democrats look bad!

#LowerLearning15
- Clinton left State in February 2013
- Guidelines for email records were issued by The National Archives and Records Administration in August 2013 (regarding emails of senior government officials) and September 2013 (regarding personal email use)
- A State Department wide notice was sent out in October 2014 detailing how email records were now supposed to be managed
- Pres. Obama amended the Presidential and Federal Records Act in November 2014
- John Kerry is the first SoS to use a "state.gov" email address; Condoleeza Rice supposedly didn't use email to conduct State Department business (:what:)
- Clinton has turned over 55000 pages of email documentation already and will be handing over more


It just doesn't seem like the biggest deal in the world right now. Jeb Bush did the same thing while governor of Florida and no one seems to care about it and I don't blame them. Maybe after the press scours the documents Clinton handed over and find something unseemly it will matter but right now it just feels like much ado about nothing. :manny:
 

Don De Dieu

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Scott Walker bout to boot scootin boogie his way into the white house cause of fukkery like this :francis:

Walker did something pretty similar, using his campaign email account to discuss county business while he was the Milwaukee County Executive. A few of his aides ended up in jail over it, as they were doing his campaign work on the taxpayers' dime.
 

Digga38

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this is still all shyts and giggle......

more important is who is gonna fix the federal reserve and keep us out of conflict with Iran...all else doesnt fukkin matter
 

newworldafro

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In the Silver Lining
The Spy Satellite Secrets in Hillary’s Emails

08.12.154:50 PM ET
The Spy Satellite Secrets in Hillary’s Emails
These weren’t just ordinary secrets found in Clinton’s private server, but some of the most classified material the U.S. government has.

After months of denials and delaying actions, Hillary Clinton has decided to turn over her private email server to the Department of Justice. As this controversy has grown since the spring, Clinton and her campaign operatives have repeatedly denied that she had placed classified information in her personal email while serving as Secretary of State during President Obama’s first term. (“I am confident that I never sent nor received any information that was classified at the time it was sent and received,” she said last month.) Her team also denied that she would everhand over her server to investigators. Now both those assertions have been overturned.

Hillary Clinton has little choice but to hand over her server to authorities since it now appears increasingly likely that someone on her staff violated federal laws regarding the handling of classified materials. On August 11, after extensive investigation, the Intelligence Community’s Inspector General reported to Congress that it had found several violations of security policy in Clinton’s personal emails.

Most seriously, the Inspector General assessed that Clinton’s emails included information that was highly classified—yet mislabeled as unclassified. Worse, the information in question should have been classified up to the level of “TOP SECRET//SI//TK//NOFORN,” according to the Inspector General’s report.

You may have seen acronym lists like these on declassified documents before—and glazed over them. This is the arcane language of the cleared cognoscenti so let me explain what this means:

TOP SECRET, as the name implies, is the highest official classification level in the U.S. government, defined as information whose unauthorized release “could cause exceptionally grave damage to national security or foreign relations.”

SI refers to Special Intelligence, meaning it is information derived from intercepted communications, which is the business of the National Security Agency, America’s single biggest source of intelligence. They’re the guys who eavesdrop on phone calls, map who’s calling who, and comb through emails. SI is a subset of what the intelligence community calls Sensitive Compartmented Information or SCI. And these materials always require special handling and protection. They are to be kept in a Sensitive Compartmented Information Facility or SCIF, which is a special hardened room that is safe from both physical and electronic intrusion.

TK refers to Talent Keyhole, which is an IC caveat indicating that the classified material was obtained via satellite.

NOFORN, as the name implies, means that the materials can only be shown to Americans, not to foreigners.

In short: Information at the “TOP SECRET//SI//TK//NOFORN” level is considered exceptionally highly classified and must be handled with great care under penalty of serious consequences for mishandling. Every person who is cleared and “read on” for access to such information signs reams of paperwork and receives detailed training about how it is to be handled, no exceptions—and what the consequences will be if the rules are not followed.

People found to have willfully mishandled such highly classified information often face severe punishment. Termination of employment, hefty fines, even imprisonment can result.
In the real world, people with high-level clearances are severely punished for willfully violating such rules. At a minimum, those suspected of mishandling things like NSA “signals intelligence”—intercepts calls, emails, and the like—have their clearances suspended pending the outcome of the investigation into their misconduct. Any personal items—computers, electronics—where federal investigators suspect the classified wound up, wrongly, will be impounded and searched. If it has TOP SECRET//SI information on it, “your” computer now belongs to the government, since it is considered classified.

People found to have willfully mishandled such highly classified information often face severe punishment. Termination of employment, hefty fines, even imprisonment can result. Yes, people really do go to jail for mishandling classified materials. Matthew Aid, a writer on intelligence matters, served over a year in prison for mishandling TOPSECRET//SI information from NSA, for example. The well connected tend to avoid jail, however. Sandy Berger and John Deutsch—who both served in high-level positions under President Bill Clinton, did not go to prison for mishandling TOP SECRET intelligence (though Berger got probation and was fined $50,000).

What, then, does all this means for Hillary? There is no doubt that she, or someone on her State Department staff, violated federal law by putting TOP SECRET//SI information on an unclassified system. That it was Hillary’s private, offsite server makes the case even worse from a security viewpoint. Claims that they “didn’t know” such information was highly classified do not hold water and are irrelevant. It strains belief that anybody with clearances didn’t recognize that NSA information, which is loaded with classification markings, was signals intelligence, or SIGINT. It’s possible that the classified information found in Clinton’s email trove wasn’t marked as such. But if that classification notice was omitted, it wasn’t the U.S. intelligence community that took such markings away. Moreover, anybody holding security clearances has already assumed the responsibility for handling it properly.

As Secretary of State, Hillary Clinton had no authority to disseminate IC information on her own, neither could she make it less highly classified (a process termed “downgrading” in the spy trade) without asking IC permission first.

It is a very big deal and less connected people who do this sort of thing ruin their lives, as any IC counterintelligence official can attest. During my NSA time, I saw junior personnel terminated for relatively minor infractions of security regulations. While the U.S. government unquestionably does over-classify items on the policy side, where almost everything in the Defense and State Departments gets some sort of classification stamp, not usually at a high level, intelligence reporting by its very nature is classified. If you don’t want the responsibility of a high-level government position, which inevitably brings with it TOP SECRET//SI access, then don’t accept that burden.

There’s still a lot we don’t know about Hillary’s Emailgate. Exactly how many emails contained TOPSECRET//SI information is unclear. We may never know since thousands of emails were already destroyed by Clinton. Who exactly placed the classified information in emails—it may not have been Hillary Clinton—and how did they access the information in the first place? How many of Hillary’s staffers at Foggy Bottom were also using her personal server?

Underlying all this is the question of why Hillary Clinton decided to employ her own private email and server to handle so much of her official State Department business. This is, to say the least, highly irregular—not to mention a violation of numerous U.S. government rules and regulations—so there had to be a compelling reason to do this. What was it?

The Clinton campaign was concerned enough about the issue to send out an email blast Wednesday afternoon with the subject line: “A note about Hillary Clinton’s emails.”

“You might hear some news over the next few days about Hillary Clinton’s emails,” began the email from Jennifer Palmieri, the communications director for Hillary for America.

“Because you are an important part of this team, we wanted to take a few minutes to talk through the facts—we need your help to make sure they get out there. There’s a lot of misinformation, so bear with us; the truth matters on this.”

Underneath the greeting were several bolded bullet points, including, “Hillary didn’t send any classified materials over email.” There was also a link to a longer,4,000+ word explanation of why Clinton used a private email address and server in her official capacity as Secretary of State.

The FBI is now on the case and one hopes they will exercise due diligence in their investigation of what may be a serious leak of classified information, made worse by the fact that Clinton’s personal server was wholly unencrypted for three months, leaving it wide open to exploitation by foreign intelligence services.

The number of spy services interested in the communications of the U.S. Secretary of State numbers more than a hundred. Given their technical proficiency, it’s naïve to assume that the Russians and Chinese aren’t among them—a fact thatJohn Kerry, the current secretary, recently admitted.

It’s safe to assume, then, that Moscow and Beijing know what Hillary’s “private” emails as Secretary of State contained. Let’s hope that the American public will someday as well.
 
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