Story 1: Is President Obama Sabotaging The Federal Bureau of Investigation Of Hillary Clinton’s Handling of Classified Documents? American People Want To Know — Will Hillary Clinton Be Indicted or Nominated? Yes Hillary Will Be Indicted For Violation of 18 U.S. Code § 793 and §798 and §1924 — Biden Backup to Replace Hillary Clinton — California Governor Jerry Brown To Enter Race? — Videos
FBI Probe: Hillary Clinton Could Face 10 Years In Prison
Obama Calls Clinton Secret Server A “Mistake,” Says Questions About Her Actions “Legitimate”
Firebrand Trey Gowdy Dismantles Ex-Staffer’s Claim That Benghazi Committee Is Partisan
MSNBC Panel: Even The President Says Hillary Clinton’s Emails Are A Legitimate Issue
Top Republican: Hillary Clinton still withholding Benghazi emails
Hillary Clinton’s Favorability Numbers at the Lowest Since 1992
Obama: Criticism Of Hillary Clinton’s Private Email ‘Ginned Up’ Because Of Politics
FBI FURY: OBAMA SABOTAGING HILLARY INVESTIGATION
Rand Paul: Clinton Fired an ambassador for using a private email server; 10-16-2015
Obama Tells ‘60 Minutes’ Hillary Clinton Made Email ‘Mistake’
MSNBC: CIA’s Most Closely Guarded Information Passed Through Clinton Email
Wife of Imprisoned CIA Whistleblower Jeffrey Sterling Speaks Out October 15, 2015
Unprecedented News Conference: Thursday, October 15, 2015, National Press Club, Washington
Jeffrey Sterling was convicted under the Espionage Act as a source for New York Times reporter James Risen’s book State of War. He began serving his three-and-a-half year prison sentence in June. His wife’s news conference was the first time the spouse of a CIA whistleblower has made such an appearance.
National Press Club President John Hughes opened the conference, which featured:
* Thomas Drake
* Delphine Halgand
* Ray McGovern
* Jesselyn Radack
Clinton’s Deleted Emails On ‘Cloud’ Server
The saga over Hillary Clinton’s private use of an email server continues. The FBI is now investigating deleted emails from a “cloud” storage system. On Friday October 2, 2015 Platte River and Clinton’s officials gave written consent for Datto Inc. (a Connecticut-based tech company) to release Clinton’s emails to the FBI. Deputy Press Secretary at the Republican National Committee, Raffi Williams, discusses what this means for Hillary Clinton’s presidential campaign. OANN’s Matt Schuck has this story.
Uh Oh! Hillary’s Emailgate Just Got Worse! MUCH WORSE! FBI Expands…
Could Hillary Clinton face prosecution over email scandal?
Minute Memo #174 – Clinton Hiding Benghazi Emails
Newly released emails of Hillary Clinton show new legal trouble up ahead.
According to investigative reporter Sharyl Attkinsson, Clinton deliberately hid information on the Benghazi terror attack in blatant violation of Freedom of Information Act requests.
According to Attkinsson:
“The newly-released batch of Hillary Clinton emails provides further proof that Freedom of Information (FOI) law has been blatantly violated.
The documents include material directly responsive to a FOI request I made back in 2012 after the Benghazi terrorist attacks on the U.S. compounds.
However, the material was not produced at the time, as required by law.
Once again, there appears to be nobody who holds government officials and agencies accountable for their routine violation of this law. So the infractions occur frequently and with impunity.
If nobody polices our government officials and agencies–if they are above the law–then how does a lawful society function?”
Judge Napolitano: FBI Will Recommend Hillary Clinton Be Indicted
Mark Levin: Hillary Clinton in Violation of Espionage Act • Hannity • 9/2/15 •
Newsmax Prime | Alan Dershowitz talks about the FBI investigating Hillary Clinton’s email server
Hillary Jokes About FBI Investigation
September 24, 2015: Sen. Tom Cotton questions NSA Director about Clinton Emails
‘Under Penalty of Perjury’: Judge Nap on Latest Twist in Hillary’s Email Scandal
Judge Andrew Napolitano appeared on “The Kelly File” tonight to weigh in on the latest developments in the Hillary Clinton email scandal.
A federal judge has demanded that Clinton and two of her most trusted aides go on the record “under penalty of perjury” regarding the private email server Clinton used during her time as Secretary of State.
Judge Napolitano noted that when the government suspected that Gen. Petraeus kept secure documents in his home, they raided it.
In Clinton’s case, Judge Napolitano pointed out, the government doesn’t suspect she has secure documents. It’s a known fact.
Not only that, but she gave a thumb drive with that secure information to her lawyer, Judge Napolitano added.
“Mrs. Clinton should be treated like anybody else who is obviously violating the law by failing to secure classified documents and keeping them in insecure venues not approved by the government,” Judge Napolitano stated.
He said that the federal judge’s use of the phrase “under penalty of perjury” is extremely significant, because it reminds Clinton that for the first time, she will be under oath.
Morrell confirms at least one foreign country have what was on Hillary’s email server.
Hillary Emails – Trey Gowdy Lays It Out
13 hours in Benghazi FULL VERSION INTERVIEW 5 parts combined
White House Covers Up Benghazi Terrorist Attack (INCLUDING NEW REPORTS)
CIA Contractor: I Told State Department Rep. Benghazi Was Terrorist Attack
White House Covers Up Benghazi Terrorist Attack – New BBC Science Documentary HD
Obama LIED About Benghazi Attack!!! (Lt. Col. Tony Shaffer Interview)
CIA Gun Runner: Hillary’s Benghazi Crimes Confirmed
SYRIA Retired General Suspects A US Covert Operation For Running Libya Arms To Syria
Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood
Source: FBI probe of Clinton email focused on ‘gross negligence’ provision
By Catherine Herridge, Pamela Browne
Three months after Hillary Clinton’s use of a private email address and server while secretary of state was referred to the FBI, an intelligence source familiar with the investigation tells Fox News that the team is now focused on whether there were violations of an Espionage Act subsection pertaining to “gross negligence” in the safekeeping of national defense information.
Under 18 USC 793 subsection F, the information does not have to be classified to count as a violation. The intelligence source, who spoke on the condition of anonymity citing the sensitivity of the ongoing probe, said the subsection requires the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location.
Subsection F also requires the clearance holder “to make prompt report of such loss, theft, abstraction, or destruction to his superior officer. “A failure to do so “shall be fined under this title or imprisoned not more than ten years, or both.”
The source said investigators are also focused on possible obstruction of justice. “If someone knows there is an ongoing investigation and takes action to impede an investigation, for example destruction of documents or threatening of witnesses, that could be a separate charge but still remain under a single case,” the source said. Currently, the ongoing investigation is led by the Washington Field Office of the FBI.
A former FBI agent, who is not involved in the case, said the inconsistent release of emails, with new documents coming to light from outside accounts, such as that of adviser Sidney Blumenthal, could constitute obstruction. In addition, Clinton’s March statement that there was no classified material on her private server has proven false, after more than 400 emails containing classified information were documented.
Clinton and her team maintain the use of a private account was allowed, and the intelligence was not classified at the time, but later upgraded. The latter claim is disputed by the intelligence community Inspector General, who represents the agencies involved, which concluded the information was classified from the start.
One of Clinton’s primary defenses is that the emails containing classified information, did not carry classification markings, but a leading national security defense attorney says that is no excuse under the law.
“The fact that something’s not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionage Act,” defense attorney Edward MacMahon Jr. recently told Fox.
It is not known what relevant evidence, if any, has been uncovered by the FBI, or whether any charges will ultimately be brought, but Director James Comey told reporters in Washington D.C. on Oct. 1, “If you know my folks… they don’t give a rip about politics.”
On Thursday, a group of national security whistleblowers held a news conference in Washington at the National Press Club to highlight what they characterized as a double standard in these types of cases.
NSA whistleblower Thomas Drake was indicted in 2010 under the Espionage Act for sharing unclassified material with a Baltimore Sun reporter. Drake, who also went to Congress with his concerns about the NSA, said his goal was to expose government misconduct.
“This is the secretary of state, one of the most targeted individuals by other intelligence entities and agencies in the world using a private server to traffic highly sensitive information and no doubt including classified information and no doubt including info about sources and methods,”Drake said at Thursday’s event.
He added the whistleblowers’ treatment shows there is a law for the average citizen, and apparently a different set of rules for the powerful.
“But hey, I’m secretary of state,” Drake said in a sarcastic tone. ”Even Obama gave her cover.”
The charges against Drake were eventually dropped. He pled guilty to a misdemeanor, but in the process lost his ability to work in national security and depleted his life savings to mount a defense.
Former CIA officer Jeffrey Sterling also went to Congress with his complaints, but was sentenced in May to three-and-a-half years in prison for violating the Espionage Act by giving classified information to a New York Times reporter. Sterling, who is appealing the case, was also convicted on obstruction of justice charges because a single email was missing from his account, even though the government could not show he was responsible for that.
Clinton has acknowledged deleting some 30,000 emails she considered personal.
In 2015, former CIA Director General David Petraeus pled guilty to a misdemeanor admitting he mishandled classified materials by sharing notebooks with his former mistress and biographer, Paula Broadwell.
He also was ordered to pay a $100,000 fine. Sterling’s supporters said he shared far less classified information with the New York Times.
“Powerful and politically connected individuals accused of the same and much worse conduct receive, at most, a slap on the wrist. Like General David Petraeus who gave away more secret information, classified at a much higher level, to his mistress and received a sweetheart plea deal for a minor misdemeanor,”Jesselyn Radack, a whistleblower and former ethics adviser to the Department of Justice, said Thursday.
“Or Hillary Clinton – she got a primetime TV apologist political spin interview from President Obama himself,” Radack added.
Eight Laws Hillary Clinton Could Be Indicted For Breaking
Kenneth P. Bergquist
Brigadier General, U.S. Army (Ret)
As a former Justice Department official, I have, of late, been asked by both Democratic and Republican friends whether Hillary Clinton could be indicted for her email related actions. The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes. But for reasons that will be discussed later, it is unlikely that she will be.
Nevertheless, it is well worth discussing the various criminal provisions of federal law that she and others may have been violated based on mainstream news reports. Remember that news reporting can be incorrect or incomplete — and that Hillary Clinton, and anyone else involved, deserves every presumption of innocence. Also keep in mind that an indictment is not a conviction but rather the informed opinion of a grand jury that probable cause exists to believe one or more violations of federal criminal statutes have transpired.
This intellectual and legal research exercise should commence with a brief review of the basics of criminal jurisprudence: There are two elements of a criminal offense: the prohibited conduct as defined in statute; and the mens rea or mental intent of the individual or individuals engaging in the prohibited conduct. Thus, to gain a conviction on a criminal count in an indictment, a prosecutor must prove beyond a reasonable doubt that: (1) the prohibited conduct occurred, (2) the prohibited conduct was undertaken by the defendant, and (3) the defendant had the requisite mens rea or intent at the time.
1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information
A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.
The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.
2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.
3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally
To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.
4.) 18 U.S. Code § 641 – Public money, property or records
Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.
5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.
6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations
If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.
7.) 18 U.S. Code § 1031 — Fraud against the United States
18 U.S. Code § 1343 – Fraud by wire, radio or television
18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
18 U.S. Code § 371 – Conspiracy to defraud the United States
If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.
8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense
If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.
Indictment?
The old adage, that a good prosecutor can get a ham sandwich indicted, is bad news for any public servant who risks the compromise of classified information or otherwise violates any of the other federal criminal statutes listed above. Specifically, this Administration has a history of vigorously prosecuting and winning convictions in the mishandling of classified information and other criminal violations of the public trust.
However, Hillary Clinton is anything but a ham sandwich; and she knows it. She and her senior aides will not even be formally investigated by this Justice Department, much less indicted. The president will allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible. However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama will simply use that famous pen of his to issue a succinct pardon and make formal mockery of the concept of equal justice.
Kenneth Bergquist served as a Deputy Assistant Attorney General in the United States Department of Justice during the Reagan Administration and serves now as pro bono legal counsel to the Special Operations Education Fund (OPSEC).
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Is President Obama Sabotaging The Federal Bureau of Investigation Of Hillary Clinton’s Handling of Classified Documents? American People Want To Know — Will Hillary Clinton Be Indicted or Nominated? Yes Hillary Will Be Indicted For Violation of 18 U.S. Code § 793 and §798 and §1924 — Biden Backup to Replace Hillary Clinton — California Governor Jerry Brown To Enter Race? — Videos
Posted on October 17, 2015. Filed under: American History, Blogroll, Central Intelligence Agency (CIA), College, Communications, Computers, Congress, Corruption, Crime, Crisis, Defense Intelligence Agency (DIA), Defense Intelligence Agency (DIA), Documentary, Education, Federal Bureau of Investigation (FBI), Federal Bureau of Investigation (FBI), Federal Communications Commission, government spending, history, Homicide, Islam, Islam, Law, liberty, Life, Links, Literacy, Money, National Security Agency (NSA_, People, Philosophy, Photos, Police, Politics, Presidential Candidates, Security, Shite, Spying, Strategy, Sunni, Talk Radio, Terrorism, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: 16 October 2015, 18 U.S. Code § 793 and §798 and §1924, 22 October 2015 Hearings, America, articles, Audio, Benghazi, Breaking News, Broadcasting, capitalism, Cartoons, Charity, Citizenship, Clarity, Classical Liberalism, Classified Documents, Collectivism, Commentary, Commitment, Communicate, Communication, Concise, Congress, Convincing, Courage, Crimes, Culture, Current Affairs, Current Events, economic growth, economic policy, Economics, Education, Emails, Evil, Experience, Faith, Family, FBI, Federal Bureau of Investigation, Felonies, First, fiscal policy, free enterprise, freedom, freedom of speech, Friends, Give It A Listen, God, Good, Goodwill, Growth, Hillary Clinton, Hope, Individualism, Knowledge, liberty, Life, Love, Lovers of Liberty, monetary policy, MPEG3, National Security Agency, News, NSA, Opinions, Peace, Photos, Podcasts, Political Philosophy, Politics, President Barack Obama, prosperity, Radio, Raymond Thomas Pronk, Representative Republic, Republic, Resources, Respect, rule of law, Rule of Men, Show Notes, Talk Radio, The Pronk Pops Show, The Pronk Pops Show 555, Trey Gowd, Truth, Tyranny, U.S. Constitution, United States of America, Videos, Virtue, War, Wisdom |
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Story 1: Is President Obama Sabotaging The Federal Bureau of Investigation Of Hillary Clinton’s Handling of Classified Documents? American People Want To Know — Will Hillary Clinton Be Indicted or Nominated? Yes Hillary Will Be Indicted For Violation of 18 U.S. Code § 793 and §798 and §1924 — Biden Backup to Replace Hillary Clinton — California Governor Jerry Brown To Enter Race? — Videos
FBI Probe: Hillary Clinton Could Face 10 Years In Prison
Obama Calls Clinton Secret Server A “Mistake,” Says Questions About Her Actions “Legitimate”
Firebrand Trey Gowdy Dismantles Ex-Staffer’s Claim That Benghazi Committee Is Partisan
MSNBC Panel: Even The President Says Hillary Clinton’s Emails Are A Legitimate Issue
Top Republican: Hillary Clinton still withholding Benghazi emails
Hillary Clinton’s Favorability Numbers at the Lowest Since 1992
Obama: Criticism Of Hillary Clinton’s Private Email ‘Ginned Up’ Because Of Politics
FBI FURY: OBAMA SABOTAGING HILLARY INVESTIGATION
Rand Paul: Clinton Fired an ambassador for using a private email server; 10-16-2015
Obama Tells ‘60 Minutes’ Hillary Clinton Made Email ‘Mistake’
MSNBC: CIA’s Most Closely Guarded Information Passed Through Clinton Email
Wife of Imprisoned CIA Whistleblower Jeffrey Sterling Speaks Out October 15, 2015
Unprecedented News Conference: Thursday, October 15, 2015, National Press Club, Washington
Jeffrey Sterling was convicted under the Espionage Act as a source for New York Times reporter James Risen’s book State of War. He began serving his three-and-a-half year prison sentence in June. His wife’s news conference was the first time the spouse of a CIA whistleblower has made such an appearance.
National Press Club President John Hughes opened the conference, which featured:
* Thomas Drake
* Delphine Halgand
* Ray McGovern
* Jesselyn Radack
Clinton’s Deleted Emails On ‘Cloud’ Server
The saga over Hillary Clinton’s private use of an email server continues. The FBI is now investigating deleted emails from a “cloud” storage system. On Friday October 2, 2015 Platte River and Clinton’s officials gave written consent for Datto Inc. (a Connecticut-based tech company) to release Clinton’s emails to the FBI. Deputy Press Secretary at the Republican National Committee, Raffi Williams, discusses what this means for Hillary Clinton’s presidential campaign. OANN’s Matt Schuck has this story.
Uh Oh! Hillary’s Emailgate Just Got Worse! MUCH WORSE! FBI Expands…
FBI’s Hillary email net expands
Judge Says Hillary Clinton’s Private Emails Were Classified, Violated Policy – America’s Newsroom
Could Hillary Clinton face prosecution over email scandal?
Minute Memo #174 – Clinton Hiding Benghazi Emails
Newly released emails of Hillary Clinton show new legal trouble up ahead.
According to investigative reporter Sharyl Attkinsson, Clinton deliberately hid information on the Benghazi terror attack in blatant violation of Freedom of Information Act requests.
According to Attkinsson:
“The newly-released batch of Hillary Clinton emails provides further proof that Freedom of Information (FOI) law has been blatantly violated.
The documents include material directly responsive to a FOI request I made back in 2012 after the Benghazi terrorist attacks on the U.S. compounds.
However, the material was not produced at the time, as required by law.
Once again, there appears to be nobody who holds government officials and agencies accountable for their routine violation of this law. So the infractions occur frequently and with impunity.
If nobody polices our government officials and agencies–if they are above the law–then how does a lawful society function?”
Judge Napolitano: FBI Will Recommend Hillary Clinton Be Indicted
Mark Levin: Hillary Clinton in Violation of Espionage Act • Hannity • 9/2/15 •
Newsmax Prime | Alan Dershowitz talks about the FBI investigating Hillary Clinton’s email server
Hillary Jokes About FBI Investigation
September 24, 2015: Sen. Tom Cotton questions NSA Director about Clinton Emails
‘Under Penalty of Perjury’: Judge Nap on Latest Twist in Hillary’s Email Scandal
Judge Andrew Napolitano appeared on “The Kelly File” tonight to weigh in on the latest developments in the Hillary Clinton email scandal.
A federal judge has demanded that Clinton and two of her most trusted aides go on the record “under penalty of perjury” regarding the private email server Clinton used during her time as Secretary of State.
Judge Napolitano noted that when the government suspected that Gen. Petraeus kept secure documents in his home, they raided it.
In Clinton’s case, Judge Napolitano pointed out, the government doesn’t suspect she has secure documents. It’s a known fact.
Not only that, but she gave a thumb drive with that secure information to her lawyer, Judge Napolitano added.
“Mrs. Clinton should be treated like anybody else who is obviously violating the law by failing to secure classified documents and keeping them in insecure venues not approved by the government,” Judge Napolitano stated.
He said that the federal judge’s use of the phrase “under penalty of perjury” is extremely significant, because it reminds Clinton that for the first time, she will be under oath.
Morrell confirms at least one foreign country have what was on Hillary’s email server.
Hillary Emails – Trey Gowdy Lays It Out
13 hours in Benghazi FULL VERSION INTERVIEW 5 parts combined
White House Covers Up Benghazi Terrorist Attack (INCLUDING NEW REPORTS)
CIA Contractor: I Told State Department Rep. Benghazi Was Terrorist Attack
White House Covers Up Benghazi Terrorist Attack – New BBC Science Documentary HD
Obama LIED About Benghazi Attack!!! (Lt. Col. Tony Shaffer Interview)
CIA Gun Runner: Hillary’s Benghazi Crimes Confirmed
SYRIA Retired General Suspects A US Covert Operation For Running Libya Arms To Syria
Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood
Source: FBI probe of Clinton email focused on ‘gross negligence’ provision
By Catherine Herridge, Pamela Browne
Three months after Hillary Clinton’s use of a private email address and server while secretary of state was referred to the FBI, an intelligence source familiar with the investigation tells Fox News that the team is now focused on whether there were violations of an Espionage Act subsection pertaining to “gross negligence” in the safekeeping of national defense information.
Under 18 USC 793 subsection F, the information does not have to be classified to count as a violation. The intelligence source, who spoke on the condition of anonymity citing the sensitivity of the ongoing probe, said the subsection requires the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location.
Subsection F also requires the clearance holder “to make prompt report of such loss, theft, abstraction, or destruction to his superior officer. “A failure to do so “shall be fined under this title or imprisoned not more than ten years, or both.”
The source said investigators are also focused on possible obstruction of justice. “If someone knows there is an ongoing investigation and takes action to impede an investigation, for example destruction of documents or threatening of witnesses, that could be a separate charge but still remain under a single case,” the source said. Currently, the ongoing investigation is led by the Washington Field Office of the FBI.
A former FBI agent, who is not involved in the case, said the inconsistent release of emails, with new documents coming to light from outside accounts, such as that of adviser Sidney Blumenthal, could constitute obstruction. In addition, Clinton’s March statement that there was no classified material on her private server has proven false, after more than 400 emails containing classified information were documented.
Clinton and her team maintain the use of a private account was allowed, and the intelligence was not classified at the time, but later upgraded. The latter claim is disputed by the intelligence community Inspector General, who represents the agencies involved, which concluded the information was classified from the start.
One of Clinton’s primary defenses is that the emails containing classified information, did not carry classification markings, but a leading national security defense attorney says that is no excuse under the law.
“The fact that something’s not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionage Act,” defense attorney Edward MacMahon Jr. recently told Fox.
It is not known what relevant evidence, if any, has been uncovered by the FBI, or whether any charges will ultimately be brought, but Director James Comey told reporters in Washington D.C. on Oct. 1, “If you know my folks… they don’t give a rip about politics.”
On Thursday, a group of national security whistleblowers held a news conference in Washington at the National Press Club to highlight what they characterized as a double standard in these types of cases.
NSA whistleblower Thomas Drake was indicted in 2010 under the Espionage Act for sharing unclassified material with a Baltimore Sun reporter. Drake, who also went to Congress with his concerns about the NSA, said his goal was to expose government misconduct.
“This is the secretary of state, one of the most targeted individuals by other intelligence entities and agencies in the world using a private server to traffic highly sensitive information and no doubt including classified information and no doubt including info about sources and methods,”Drake said at Thursday’s event.
He added the whistleblowers’ treatment shows there is a law for the average citizen, and apparently a different set of rules for the powerful.
“But hey, I’m secretary of state,” Drake said in a sarcastic tone. ”Even Obama gave her cover.”
The charges against Drake were eventually dropped. He pled guilty to a misdemeanor, but in the process lost his ability to work in national security and depleted his life savings to mount a defense.
Former CIA officer Jeffrey Sterling also went to Congress with his complaints, but was sentenced in May to three-and-a-half years in prison for violating the Espionage Act by giving classified information to a New York Times reporter. Sterling, who is appealing the case, was also convicted on obstruction of justice charges because a single email was missing from his account, even though the government could not show he was responsible for that.
Clinton has acknowledged deleting some 30,000 emails she considered personal.
In 2015, former CIA Director General David Petraeus pled guilty to a misdemeanor admitting he mishandled classified materials by sharing notebooks with his former mistress and biographer, Paula Broadwell.
He also was ordered to pay a $100,000 fine. Sterling’s supporters said he shared far less classified information with the New York Times.
“Powerful and politically connected individuals accused of the same and much worse conduct receive, at most, a slap on the wrist. Like General David Petraeus who gave away more secret information, classified at a much higher level, to his mistress and received a sweetheart plea deal for a minor misdemeanor,”Jesselyn Radack, a whistleblower and former ethics adviser to the Department of Justice, said Thursday.
“Or Hillary Clinton – she got a primetime TV apologist political spin interview from President Obama himself,” Radack added.
http://www.foxnews.com/politics/2015/10/15/source-fbi-probe-clinton-email-focused-on-gross-negligence-provision/
Eight Laws Hillary Clinton Could Be Indicted For Breaking
Kenneth P. Bergquist
Brigadier General, U.S. Army (Ret)
As a former Justice Department official, I have, of late, been asked by both Democratic and Republican friends whether Hillary Clinton could be indicted for her email related actions. The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes. But for reasons that will be discussed later, it is unlikely that she will be.
Nevertheless, it is well worth discussing the various criminal provisions of federal law that she and others may have been violated based on mainstream news reports. Remember that news reporting can be incorrect or incomplete — and that Hillary Clinton, and anyone else involved, deserves every presumption of innocence. Also keep in mind that an indictment is not a conviction but rather the informed opinion of a grand jury that probable cause exists to believe one or more violations of federal criminal statutes have transpired.
This intellectual and legal research exercise should commence with a brief review of the basics of criminal jurisprudence: There are two elements of a criminal offense: the prohibited conduct as defined in statute; and the mens rea or mental intent of the individual or individuals engaging in the prohibited conduct. Thus, to gain a conviction on a criminal count in an indictment, a prosecutor must prove beyond a reasonable doubt that: (1) the prohibited conduct occurred, (2) the prohibited conduct was undertaken by the defendant, and (3) the defendant had the requisite mens rea or intent at the time.
1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information
18 U.S. Code § 798 – Disclosure of classified information
A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.
The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.
2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.
3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally
To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.
4.) 18 U.S. Code § 641 – Public money, property or records
Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.
5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.
6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations
If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.
7.) 18 U.S. Code § 1031 — Fraud against the United States
18 U.S. Code § 1343 – Fraud by wire, radio or television
18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
18 U.S. Code § 371 – Conspiracy to defraud the United States
If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.
8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense
If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.
Indictment?
The old adage, that a good prosecutor can get a ham sandwich indicted, is bad news for any public servant who risks the compromise of classified information or otherwise violates any of the other federal criminal statutes listed above. Specifically, this Administration has a history of vigorously prosecuting and winning convictions in the mishandling of classified information and other criminal violations of the public trust.
However, Hillary Clinton is anything but a ham sandwich; and she knows it. She and her senior aides will not even be formally investigated by this Justice Department, much less indicted. The president will allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible. However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama will simply use that famous pen of his to issue a succinct pardon and make formal mockery of the concept of equal justice.
Kenneth Bergquist served as a Deputy Assistant Attorney General in the United States Department of Justice during the Reagan Administration and serves now as pro bono legal counsel to the Special Operations Education Fund (OPSEC).
Read more: http://dailycaller.com/2015/09/21/eight-laws-hillary-clinton-could-be-indicted-for-breaking/#ixzz3omBYzjeq
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