#WhatILearnedToday is that I need to break the Clinton email criminality down for some people:
18 U.S.C. § 1924 – Unauthorized removal and retention of classified documents or material — provides, in part:
(a)Whoever, being an officer… of the United States, and by virtue of his office… 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.
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(c) In this section, the term “classified information of the United States”means information originated, owned, or possessed by ...
the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.
§ 1924 provides the definition of “classified information” as any “information originated, owned, or possessed by the United States Government concerning … foreign relations … that has been determined pursuant to . . .
…Executive order… to require protection against unauthorized disclosure.”
So:
EO 13526 sets out the standards for classifiable information as any information pertaining to “foreign governments” or “foreign relations or foreign activities” which if disclosed “could reasonably be expected to cause identifiable or describable damage to the national security.”
Upon her appointment as Secretary of State, Clinton signed a classified information non-disclosure agreement in which she agreed to certain conditions and obligations in consideration of her being granted access to classified information. As part of the agreement . . .
Clinton acknowledged receiving and understanding a “security indoctrination” concerning the nature and protection of classified information. Furthermore, the agreement stated classified information could be both “marked and unmarked” and . . .
“unclassified information that meets the standards for classification and is in the process of a classification determination….”
5 U.S.C. § 552a(i) makes it a criminal misdemeanor for a public official to willfully maintain a system of records without having published a notice in the Federal Register of the existence of that system of records. Clinton's email server was such a system.
18 U.S. Code § 2071 (b): Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned . .
not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the US.
Hillary deserves her day in court.
Those who participated in destruction of evidence do as well.
The remaining question is if those investigators, prosecutors or their superiors at DOJ/FBI were involved in a conspiracy to obstruct the investigation/prosecution.
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@HollyFrench17 Hi everyone. I'm glad to take this opportunity to respond to this latest attack on me, preposterous as it may be. I am just an average girl from central Florida, the eldest daughter of a Naval aviator and a first generation Italian-American mom. I also happen to be queer.
@HollyFrench17 Normally I don't put that up front, but since Putin hates gays, it needs to be said. It also informs some of my opinions, but more on that in a moment.
@HollyFrench17 I have a mostly public education, and while I am proud of my degrees, I rarely talk about them unless there is a specific reason to do so. Some people use their degrees as a cudgel to lend expertise to their position. I prefer to state my case and let the reader decide.