Reply to ‘Hillary Committed No Criminal Act’
By Peter Van Buren | We Meant Well | August 19, 2015
Many supporters of Hillary Clinton say that since she committed no criminal offense, the whole thing about her private email server containing classified material is just partisan sniping.
So as a public service, let’s see if we can sort that out.
The Law
18 USC 1924, which is a law, is titled “Unauthorized removal and retention of classified documents or material.”
The text of the law says, inter alia, “Whoever, being an officer… of the United States, and, by virtue of his office, employment, position, or contract, 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.”
The law does not require the possessing person to “know” the information is classified.
This is the statute under which David Petraeus was prosecuted for keeping classified information at home.
The Classified
Two Inspectors General stated Clinton’s email server, located part of the time at her home in New York, and part of the time at a commercial server farm in Colorado, held classified data. Neither site was an authorized location. We’ve long-since established that classified is classified whether it is marked or not. It does not matter who sent the emails; they were on Hillary’s server and thumb drives, making her the “possessor.”
Up to 305 Clinton emails might have classified data, and that out of only five percent of 30,000 messages reviewed. There may be backups available of the 30,000 some messages Clinton deleted.
The Conclusion
Clinton’s possession of classified information on a personal server appears to be a violation of 18 USC 1924. So is transferring that information to the thumb drives held by her lawyer (himself unauthorized to possess high-level classified information.)
There it is. No partisan remarks. No right-wing attacks. Just facts. As a non-lawyer, what am I missing?
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I’m questioning if she even HAD a security clearance. I know well the paperwork involved in one and she would had to pass a polygraph test. How could she even pass them and be approved?
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