Secrecy and Hillary Clinton
By Diane Roark | Consortium News | October 21, 2015
The system for classifying intelligence and other national security documents is broken in major respects. Increasingly, it is also manipulated to punish perceived critics or to protect agency reputations and high officials, both from adverse publicity and in the courts. Hillary Clinton’s use of a private rather than State Department email service illustrates many of these issues. Her experience stands in stark contrast to treatment of national security whistleblowers, as illustrated in particular by variance in National Security Agency (NSA) communications intelligence policies.
–Culpability. Former Secretary of State Clinton clearly and knowingly mishandled classified information. As a U.S. senator, security clearances were required for her membership on the Senate Armed Services Committee from 2003 to 2009. Therefore, she knew the rules for handling classified information before she decided, at the outset when she became Secretary of State in early 2009, to use personal rather than secure email.
Hillary and Bill Clinton had suffered many political and public relations crises. She had already run for the presidency and likely would do so again. Rules for handling classified information were ignored, the effect being to hide records that could be used against her in a second presidential run.
It simply could never be argued plausibly that for four years, a person in the highest U.S. foreign policy slot had no classified or sensitive information in any business emails that she wrote or received – over 30,000 of them. This defies the definition of the job.
The State Department is a primary user and a significant generator of classified information that bears on the great majority of issues coming before the Secretary. The State Department is also a profligate designator of “Sensitive But Unclassified” information.
–Overclassification. It is widely admitted that the intelligence classification system suffers from systemic over-classification. President Barack Obama has acknowledged the problem, and one review group even stated that almost every item now labeled Confidential should be Unclassified. There is no penalty for playing it safe – or playing it political – by classifying at too high a level, but there are potentially severe repercussions for an individual who mistakenly classifies at too low a level, or who is known to mishandle or publicly reveal classified information.
It is most unlikely, however, that Hillary Clinton will fall victim to accusations that rely on improper overclassification. The State Department and White House, including President Obama himself, sought to protect her and to minimize the effects of her behavior.
The case is extremely high-profile, Democrats in Congress would attack any borderline classification, and a host of wellpaid lawyers would rise to her defense. Improperly classified items or those deemed Sensitive but Unclassified may be redacted from publicly released documents, but it is hard to imagine that Mrs. Clinton would be falsely accused of felonies.
Whistleblowers suffer a quite different fate. Intelligence agencies easily and repeatedly retaliate for the airing of their dirty laundry by accusing the whistleblower of improperly handling or revealing allegedly classified information. The Obama administration then prosecutes them under the Espionage Act, under which altruistic motivation is irrelevant and may not even be raised in court.
Former CIA official John Kiriakou revealed on television that post 9/11 torture was official U.S. policy, not just attributable to a few rogue agents. The CIA seethed, but the Justice Department would not prosecute. Unfortunately, Kiriakou erred in giving a reporter the business card of a man he thought had retired from CIA but was still an agent under cover. The agent’s name was not published, but CIA got its revenge when Kiriakou was indicted under the Intelligence Identities Protection Act of 1981. Left penniless with over $700,000 in legal bills even before trial, Kiriakou finally accepted a felony plea bargain and went to jail.
Thomas Drake and this author went through proper official channels in 20012002 to protest NSA’s surveillance of U.S. citizens. Along with colleagues Kirk Wiebe, William Binney and Edward Loomis, they also reported to the Defense Department Inspector General the waste of money on NSA modernization.
After domestic surveillance leaked to the New York Times four years later, the five became primary suspects, partly because the IG improperly offered their names to the FBI. All were raided, but no evidence was found because, as the reporter later stated publicly, he had not then met or communicated with any of the five.
Nonetheless, Drake was prosecuted under the Espionage Act for possessing five Unclassified NSA papers that NSA retroactively classified. He was threatened with 35 years in prison unless he pled guilty, but heroically resisted. Pretrial hearings proved all the information in the documents had been declassified by NSA. After a yearsold interview record was orally falsified, this author was asked to plead guilty to felony perjury, but also refused.
Section 1.7 of Executive Order 13526 governing classification stipulates that no information may be classified to conceal violations of law, inefficiency or administrative error; to prevent embarrassment; to restrain competition; or to prevent or delay release of information not requiring protection. This section is observed in the breach, as political considerations dictate.
For all the above proscribed reasons, unclassified parts of the NSA IG audit we requested are still withheld by NSA ten years after the audit was first published. Former NSA contractors Edward Snowden and John Kiriakou showed that illegal and unconstitutional activities were hidden from American citizens and others behind the veil of classification. For revealing material that never should have been classified in the first place, they are paying a very high price.
In Snowden’s case, many revelations about domestic surveillance still are treated as classified to keep them from U.S. voters, although every terrorist and every intelligence agency in the world has access to the documents and almost no ordinary person in any country of interest to the U.S. can function efficiently whilst avoiding NSA surveillance.
–Sensitive but Unclassified Material. Individual agencies claim an unsupervised right to withhold admittedly Unclassified information according to any criteria they see fit and for as long as they choose. In the Clinton email case, it is quite striking that not a word has been breathed about such Unclassified but Sensitive material. Her free pass in this respect is the envy of whistleblowers.
In our case, NSA initially refused to return any materials seized in the raids. When sued, NSA claimed that if a computer contained even one admittedly Unclassified document with material that had not been officially released by NSA, the Agency could retain and destroy the entire computer content. Courts eventually allowed NSA to keep such individual documents in their entirety and at their sole discretion, but required that others be copied and returned.
–With ordinary citizens or lower-level whistleblowers, Sensitive but Unclassified material is wielded as yet another weapon in the Executive’s arsenal of punishments. Even highlevel intelligence officials have had difficulty publishing their memoirs, partly because prepublication review agreements routinely allow an agency to withhold unclassified information.
Since the 1950s, most judges refuse to review allegedly classified or sensitive material even to determine that it does not fall under the commonsense prohibitions of Section 1.7 of the Executive Order on classification. The Executive Branch has also been famously successful in promulgating a “state secrets” doctrine to avoid or indefinitely delay court scrutiny of important civil liberties issues such as domestic surveillance. It is now known, however, that the original state secrets precedent wrongly invoked intelligence sources and methods to cover up Air Force culpability for a plane crash.
In the author’s case, even NSA’s grossly inconsistent classifications got a free pass. A document that was released to Kirk Wiebe as Unclassified was branded Top Secret Compartmented when found on the author’s computer. Confronted with this vast discrepancy, NSA alleged that it could neither confirm nor deny that the document had previously been released. It keeps no records of prior declassifications. Even in a related court case. Nor is it interested in an available system to compile and compare such records. But the judge let the classification stand.
Diane Roark retired in 2002 after 17 years on the professional staff of the House Permanent Select Committee on Intelligence and prior service on the National Security Council Staff, in the Office of the Secretary of Defense, and in the Intelligence section of the International division of the Department of Energy.
The Democrats’ Presidential Debates: Underway and Underwhelming
By Ralph Nader | October 16, 2015
Who thought this up – Giving a private corporation (CNN) control of a presidential debate? In the most recent Democratic presidential debate, CNN controlled which candidates were invited, who asked what questions, and the location, Las Vegas – the glittering, gambling center of America. This is a mirror image of the control Fox News exercised during their Republican candidates’ circus. Corporatism aside, the debate with Bernie Sanders, Hillary Clinton, Martin O’Malley, Jim Webb and Lincoln Chafee was not a debate. With few exceptions – most notably Hillary Clinton going after Bernie Sanders on gun control, about which she is reborn – the stage was the setting for a series of interview questions to each candidate by Anderson Cooper and his colleagues.
Granted, the quality of the questions was higher than has been the case with other debate spectacles in recent years. Yet CNN’s self-censorship – in part reflected in the content of the questions and the favored positioning given to Hillary Clinton and Bernie Sanders – was not obscured.
For example, our country has been plagued by a corporate crime wave from Wall Street to Houston. These crimes are regular occurrences, often with recidivist corporations such as giant oil, drug, auto, banking, munitions producers, and mining companies corrupting our politics. Such chronic violations are reported more often than they are properly prosecuted.
Corporate crimes affect American as workers, consumers, taxpayers, and community residents. Unfortunately, corporate criminal law is woefully weak, prosecutions are minor, and enforcement budgets are scandalously tiny. Moreover, corporate lobbyists ensure that corporate privileges and immunity are preserved and expanded in corporate-occupied Washington, D.C.
Somehow, in presidential debate after presidential debate “corporate crime and punishment” or “law and order for corporations” almost never get mentioned either by questioner or candidate. Bernie Sanders – break this taboo in the next five scheduled Democratic debates.
Another perennial omission is the question of how the candidates plan to give more power to the people, since all of them are saying that Washington isn’t working. I have always thought that this is the crucial question voters should ask every candidate for public office. Imagine asking a candidate: “How are you specifically going to make ‘we the people’ a political reality, and how are you going to give more voice and power to people like me over elected representatives like you?” Watch politicians squirm over this basic inquiry.
The most remarkable part of the Democrats’ “debate” was how Hillary Clinton got away with her assertions and then got rewarded – though not in the subsequent polls, but by the pundits and malleable critics like the Washington Post’s usually cynical Dana Milbank who fell very hard for the Clintonian blarney.
Well-prepared and battle-tested in many political debates, Hillary knows how to impress conventional political reporters, while limiting their follow-up questions. She started with her latest political transformation early on. “I don’t take a backseat to anyone when it comes to progressive commitment…. I’m a progressive.”
And the moon is made of blue cheese. Hillary Clinton, a progressive? She is the arch Wall Street corporatist, who hobnobs with criminal firms like Goldman Sachs for $250,000 a speech, and goes around the country telling closed-door business conventions what they want to hear for $5,000 a minute!
As a senator, she did not challenge the large banks and insurance companies whose avarice, willful deceptions, and thefts set the stage for the economy’s collapse in 2008-2009. In fact she supported Bill Clinton’s deregulation of Wall Street with its resulting painful consequences for single mothers and children who suffered the most from the deep recession.
A progressive would not have waited year after year, while receiving the entreaties of women’s and children’s assistance groups to endorse a modest minimum wage to $10.10 per hour over three years by her own Democratic Party in Congress. She finally took the plunge and endorsed it in April 2014, during a speech to the United Methodist Women in Boston. If the Democratic lovefest were a real debate, Bernie Sanders, who voiced domestic progressive positions all evening long, would have intervened and sent her packing. What everlasting hubris do the Clintons exude! (See Peter Schweizer’s new book, Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped make Bill and Hillary Rich. Harper Collins, 2015)
As an embedded militarist, during her tenure as Senator and Secretary of State, Hillary Clinton never saw a boondoggle, obsolete weapons system, or boomeranging war she didn’t like. She delivered belligerent speeches against China, and scared Secretary of Defense Robert Gates by overruling his opposition through her White House contracts to overthrow the Libyan dictator. This illegal war opened up the savage chaos, bloodshed, and havoc in Libya that continued to spread into huge areas of central Africa.
Hillary’s war didn’t seem to interest anyone on stage except former Senator and Governor Lincoln Chafee (D-RI) – an anti-war stalwart – who was promptly marginalized despite making much sense in his brief declarations.
Senator Bernie Sanders missed opportunities to highlight Hillary Clinton’s true corporatist and militarist identity. Most unfortunately, she placed him on the defensive with the socialist/capitalist questioning. Next time, Bernie Sanders should tell the millions of voters watching the “debates” that local socialism is as American as apple pie, going back to the 18th Century, by mentioning post offices, public highways, public drinking water systems, public libraries, public schools, public universities, and public electric companies as examples.
He then could add that global corporations are destroying competitive capitalism with their corporate state or crony capitalism, despised by both conservatives and progressives.
There was one question – “which enemy are you most proud of?” – that Hillary Clinton did not anticipate and had about a minute to ponder. Her answer: “Well in addition to the NRA, the health insurance companies, the drug companies, the Iranians.” Iranians? An entire people, her enemy? Is this what her self-touted, foreign affairs experience has taught her?
For more information on what debates could be, visit www.opendebates.org.
US Presidential Hopeful Bernie Sanders Slams Chávez in Reposte to Clinton Attack
By Lucas Koerner | Venezuelanalysis | September 17, 2015
Caracas – Democratic presidential contender Bernie Sanders lashed out at the late Venezuelan president Hugo Chávez this week in response to a Clinton super PAC email linking him the late socialist leader.
“Yesterday, one of Hillary Clinton’s most prominent Super PACs attacked our campaign pretty viciously,” the independent Vermont senator told his supporters in a campaign fundraising email.
“They suggested I’d be friendly with Middle East terrorist organizations, and even tried to link me to a dead communist dictator,” the email continued, referring to Venezuela’s three time democratically-elected former president Hugo Chávez.
The statement came in response to a email circulated on Monday by the pro-Hillary Clinton super Political Action Committee (PAC) Correct the Record, comparing Sanders to the newly elected head of Britain’s Labour Party, Jeremy Corbyn.
Following Sanders’ praise for the left-leaning Labour MP upon his victory this past Saturday, the Clinton campaign took aim at the self-proclaimed democratic socialist politician, seeking to link him with Corbyn’s “most extreme comments”.
Corbyn has been branded a “national security threat” by UK Prime Minister David Cameron for his foreign policy postures, which include opposition to NATO and support for the “electoral democratic credentials” of Hugo Chávez’s Bolivarian Revolution.
Breaking with its hitherto standing policy of refraining from criticizing Sanders, the Clinton campaign sought to draw links between the two anti-party establishment progressives, pointing to the Vermont independent’s role in negotiating a 2005 deal with the Bolivarian government to bring free and discounted home heating oil to the poor in northeastern US cities.
However, Sanders’ distancing from Chávez, labeling him a “dead communist dictator” has caused disenchantment in some circles, who reject what they view as an offensive characterization of the immensely popular, democratically-elected late president, whose socialist government has won eighteen internationally recognized elections since 1998.
“Venezuela has become . . . the bad guy. We’re the villain,” Venezuela’s chargé d’affaires in Washington, Maximilien Sanchez Arvelaiz, told reporters.
In March, President Obama issued an executive order branding Venezuela a “national security threat” and imposing sanctions over unproven allegations of “human rights violations”.
Sanders, who has surpassed Hillary Clinton in the Iowa and New Hampshire polls, has up until recently avoided issuing statements on US foreign policy, preferring to focus on confronting economic inequality.
“For the left, Hugo Chavez is/was a reference,” Sanchez asserted, noting that Jeremy Corbyn recently won a landslide victory notwithstanding his public endorsement of the revolutionary Venezuelan leader and his democratic socialist project.
Meanwhile, the Sanders campaign has made fresh statements in response to the Clinton attacks, further disavowing any links with Chávez.
“To equate bringing home heating oil to low-income Vermonters with support for the Chavez government is dishonest,” Sanders spokesperson Michael Briggs told the Huffington Post.
New Hillary Clinton Emails Show Violation of Freedom of Information Law
By Sheryl Attkisson | September 1, 2015
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?
Click here to view the WSJ database of emails. One of the many emails that should have been provided under FOI in 2012, but was not, is to Clinton from Huma Abedin on Sept. 14, 2012. Others include Clinton communications on Benghazi with her chief aide Cheryl Mills.
Sexual Identity and American Diplomacy
State Department is hobbled by identity politics
Philip Giraldi • Unz Review • August 25, 2015
The pending normalization of full diplomatic relations with Cuba is long overdue and it is to be hoped that the agreement to limit Iran’s nuclear program will survive a congressional onslaught next month. That is all to the good and the administration of President Barack Obama deserves full credit for persevering in spite of nearly incessant attacks from the Israeli and Cuban lobbies both in congress and the media.
But even as the dust begins to settle the New York Times is reporting on a new existential crisis: same-sex marriages in the Foreign Service explored in an article entitled “State Department Fights for Rights of Gay Envoys.” Not that the Gray Lady is opposed to same-sex marriages for diplomats, quite the contrary. Its concern is that many highly qualified diplomats are turning down assignments because some benighted countries do not recognize same-sex unions and therefore do not accept that a man plus man or woman plus woman relationship actually qualifies as a diplomatic family. Which means that some Foreign Ministries are denying visas or accreditation for same-sex spouses. Worse still, as many countries regard homosexual behavior as a criminal offense, it suggests the possibility that some categories of Embassy and Consular family members not covered by full diplomatic immunity might find themselves arrested.
The Obama Administration is predictably outraged and is reported to be frantically working on the problem with the State Department making “securing the rights of gay, lesbian, bisexual and transgender people around the world a priority” (my emphasis). But to my mind the fundamental problem is not same-sex marriage per se, which most Americans now no longer oppose, but the failure to comprehend what Embassies and Consular posts are supposed to do coupled with a characteristic inability to understand that American principles and rules, such as they are, do not have universal applicability. This is particularly true in the case of gay marriage, which impacts on sincerely held religious views and which is still a bone of contention even in the relatively tolerant United States and Western Europe.
Government at the White House level frequently does not understand how the great federal bureaucracies actually work. Contrary to the Times headline, being part of a diplomatic mission is a privilege, not a universal right, and both by law and convention the host country pretty much sets the rules on who may enter and under what conditions.
The article quotes Michael Guest, a gay former ambassador to Romania, who said “It’s increasingly a problem, as some countries have wanted to take a stand on the issue of marriage equality that isn’t really theirs to take.” He is wrong. The Vienna Convention on diplomatic relations stipulates that any country can expel or refuse to accept the presence of a foreign diplomat without providing any reasons whatsoever. Article 9 includes “The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable.” This is an option that the United States has exercised frequently in espionage cases as well as more recently in refusing to issue a visa to a proposed Iranian Ambassador to the United Nations in New York, for which the U.S. is the host nation.
The United States has also somewhat more questionably taken steps to restrict the travels of accredited diplomats with whom it is uncomfortable. Soviet era dips from Eastern Europe and Russia were generally required to get approval for traveling more than 25 miles outside of New York City or Washington and there have been similar restrictions on the movement of both Palestinian and Iranian representatives. So the host country is not obligated to accept anyone else’s standards and can in many respects set whatever rules it wishes within its sovereign territory.
Past U.S. determinations of who or what was acceptable were based on what were deemed to be security issues but the same sex marriage problem is something quite different. To be sure there have been homosexuals in government since the time of Pharaoh Khufu, and the United States Department of State has long had considerably more than its share with the once-upon-a-time understanding that it was best to stay in the closet. This was the rule in post-World War 2 America, both for diplomats and intelligence personnel, and it was largely justified by the danger of blackmail or the creation of diplomatic “incidents” as homosexual activity was illegal almost everywhere. When I served in the Rome Embassy in the 1970s one particularly flamboyant political officer who was almost but not quite out of the closet was generally accepted until he was observed regularly cruising at odd hours in the nearby Villa Borghese Park, leading to his being warned to cool his jets lest he come to the attention of the Carabinieri, who at that time staged regular roundups at gay gatherings to target what was then regarded as public indecency.
But one’s sexual preferences were rarely a problem in Italy back then and even less so now as homosexual relations have been legal since 1890. Civil unions that guarantee property rights, pensions or inheritance without regard to gender do not, however, exist in law, which means there are no same-sex marriages. One imagines that same-sex couples who go to diplomatic posts in Italy do so with a wink and a nod from the authorities at the Foreign Ministry, who are not likely to make an issue out of it. But Italian deliberate ambiguity about what constitutes a marriage is not the norm everywhere else. By one estimate 50% of all Foreign Service posts do not recognize or accept same-sex diplomatic or official couples.
The State Department sensibly insists that all of its employees should be free to accept assignments anywhere in the world, but not so sensibly it has appointed a Special Envoy for the Rights of Gay, Bisexual and Transgender people, both politicizing the issue and turning American diplomats into promoters of personal choices that many foreigners consider immoral as well as illegal. And Congress has predictably jumped on the band wagon with 100 Congressmen (99 Democrats and one Republican) calling on State to reciprocate by denying visas for families of diplomats from countries that discriminate against homosexuals.
In tackling the LGBT issue as a global crusade while also making it a major concern for U.S. embassies the White House and Democrats in Congress are not really doing anyone any favors. Overseas diplomatic missions exist to benefit broad American national interests, not to promote specific group agendas or to confront the host country on its laws and customs. Ambassadors traditionally enabled dialogue and established communications channels among nations while the consular services provided a mechanism to help ensure that American travelers and businessmen would be treated fairly by the local authorities. Having an embassy did not mean that Americans should not be subject to local laws, nor did it serve as a blunt instrument to demand that the foreigners be required to accept American values and customs.
But that vision of diplomacy was all before “democracy promotion,” much loved by Democratic presidents enamored of social engineering, for whom LGBT is almost certainly seen as a subset of democracy. And if past experience of government is anything to go by, this Obama initiative will probably morph into a War on Homophobia under President Hillary Clinton complete with a Czar and a substantial budget to pay for lots of first class travel to hotspots like Copenhagen to participate in conferences convened by gay rights activists.
In truth, the democracy cum human rights agenda has undeniably done a great deal of damage to the United States. It is still falsely cited as the one benefit that came out of the invasion of Iraq and is also used to justify the continued presence in Afghanistan. It led to the unfortunate intervention in Libya, fueled the drive to “do something” in Syria, overthrew an elected government in Ukraine and it is also behind much of the criticism of Russia and its president Vladimir Putin. In reality all the frenetic activity to turn the world into Peoria has produced little beyond trillions of dollars of debt, thousands of dead Americans and quite likely millions of dead foreigners.
And the focus on cultural and social issues is frequently a perversion of diplomacy. Some recent Ambassadorial appointees, to include Michael McFaul in Russia and Robert Ford in Syria, were intended to confront the domestic policies of local governments that Washington disapproved of rather than to engage with them in dialogue. Beyond that, America’s roving mischief makers to include the State Department’s Victoria Nuland and various Senators named McCain and Graham showed up regularly in troubled regions to harass the local authorities. To put it mildly, that is not what diplomacy is all about. Diplomacy is a process whereby no one wins everything while no one loses completely producing a result that everyone can live with. It is not about “We are right. Take it or leave it.”
It is indeed acceptable for a national government to urge greater tolerance as President Obama did on his recent trip to Africa but creating a bureaucracy to assert the global primacy of American values to include what constitutes a marriage benefits no one, least of all those being “protected,” as in many countries that would only serve to enable labeling the sexual dissidents as American agents. And the idea of punishing the families of diplomats from countries that see marriage differently is completely absurd as it will produce retaliation, damaging to genuine American interests and potentially threatening the security of U.S. diplomats overseas.
The entire feel good process of instructing others how to live derives from a peculiar American sense that we somehow understand important things better than anyone else and everyone should follow our lead. It is a dangerous conceit as it breeds resentment and inevitably leads to tit-for-tat responses that serve no purpose. The United States is already viewed negatively by a large part of the world. Adding fuel to the fire by complaining about others’ values while promoting marginal causes that inevitably will be controversial is not what most American citizens should expect from their government. Unfortunately it is all too often what we wind up getting.
US Federal Judge Re Clinton: “We wouldn’t be here today if this employee had followed government policy”
Sputnik — 21.08.2015
A US federal judge stated that Democratic presidential candidate Hillary Clinton’s use of a private server for official emails while serving as secretary of state was a violation of government policy, media reports said.
Sullivan was presiding over a hearing on Freedom of Information Act (FOIA) submissions for the release of Department of State records, Politico reported.
“We wouldn’t be here today if this employee had followed government policy,” US District Judge Emmet Sullivan said in an apparent reference to Clinton, according to a report on the Politico web site on Thursday afternoon.
In a further comment from the bench, Sullivan said the case was an unusual one because “there was a violation of government policy,” apparently referring to Clinton’s admitted use of a private email server to conduct official business from her home, the site said.
In the case, Department of Justice lawyer Peter Wechsler argued that the FOIA usually does not permit the search and public release of e-mails from the private accounts and servers of US government officials. However, Wechsler admitted that the circumstances in this case were different, the report said.
Sullivan did not define or further elaborate on how he believed Clinton had violated government policy, according to the Politico account.
The judge repeatedly referred to the State Department’s obligation to preserve its records under the Federal Records Act of 1950, and emphasized that he was determined to investigate the issue thoroughly, the report said.
Politico also reported that Sullivan noted the State Department needed to question Clinton as to whether anyone else might still possess copies of official records from her four years as secretary of state.
Moreover, Sullivan emphasized that the public’s general right to privacy did not apply in this case because of the official position Clinton had held.
“We’re not talking about a search of anyone’s random email,” the newspaper reported Sullivan as saying.
Clinton continues to argue that her use of a private email account while secretary of state was legal and within approved government policy.
She told reporters in Las Vegas on Tuesday that what she did was “legally permitted.”
However, Sullivan’s comments contradict her current argument and position on the issue.
“The Clinton campaign and Clinton attorney David Kendall did not immediately respond to a request for comment on the judge’s remarks,” Politico stated.
In the FOIA case, the conservative group Judicial Watch is trying to get records released about the conditions under which one of Clinton’s closest friends and deputy chief of staff at the State Department, Huma Abedin, was paid and employed while still doing private consulting work.
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?
Don’t Be Fooled by the Political Game: The Illusion of Freedom in America
By John W. Whitehead | Rutherford Institute | August 10, 2015
“The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country’s equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas.”—Journalist Lewis Lapham
Being a citizen in the American corporate state is much like playing against a stacked deck: you’re always going to lose.
The game is rigged, and “we the people” keep getting dealt the same losing hand. Even so, most stay in the game, against all odds, trusting that their luck will change.
The problem, of course, is that luck will not save us. As I make clear in my book, Battlefield America: The War on the American People, the people dealing the cards—the politicians, the corporations, the judges, the prosecutors, the police, the bureaucrats, the military, the media, etc.—have only one prevailing concern, and that is to maintain their power and control over the citizenry, while milking us of our money and possessions.
It really doesn’t matter what you call them—Republicans, Democrats, the 1%, the elite, the controllers, the masterminds, the shadow government, the police state, the surveillance state, the military industrial complex—so long as you understand that while they are dealing the cards, the deck will always be stacked in their favor.
Incredibly, no matter how many times we see this played out, Americans continue to naively buy into the idea that politics matter, as if there really were a difference between the Republicans and Democrats (there’s not).
As if Barack Obama proved to be any different from George W. Bush (he has not). As if Hillary Clinton’s values are any different from Donald Trump’s (with both of them, money talks). As if when we elect a president, we’re getting someone who truly represents “we the people” rather than the corporate state (in fact, in the oligarchy that is the American police state, an elite group of wealthy donors is calling the shots).
Politics is a game, a joke, a hustle, a con, a distraction, a spectacle, a sport, and for many devout Americans, a religion.
In other words, it’s a sophisticated ruse aimed at keeping us divided and fighting over two parties whose priorities are exactly the same. It’s no secret that both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty.
Most of all, both parties enjoy an intimate, incestuous history with each other and with the moneyed elite that rule this country. Don’t be fooled by the smear campaigns and name-calling. They’re just useful tactics of the psychology of hate that has been proven to engage voters and increase voter turnout while keeping us at each other’s throats.
Despite the jabs the candidates volley at each other for the benefit of the cameras, they’re a relatively chummy bunch away from the spotlight, presenting each other with awards (remember when Jeb Bush presented Hillary Clinton with a Liberty Medal for her service to the country), attending each other’s weddings (Bill and Hillary had front-row seats for Trump’s 2005 wedding), and embracing with genuine affection.
Trump’s various donations to the Clintons (he donated to Hillary’s Senate campaigns, as well as the Clinton Foundation) are not unusual. Remember, FOX News mogul Rupert Murdoch actually hosted a fundraiser for Hillary’s Senate reelection campaign back in 2006 and contributed to her presidential campaign two years later. In fact, FOX News has reportedly been one of Hillary’s biggest donors for the better part of two decades.
Are you starting to get the picture? It doesn’t matter who wins the White House, because they all work for the same boss: Corporate America. In fact, many corporations actually hedge their bets on who will win the White House by splitting their donations between Democratic and Republican candidates.
We’re in trouble, folks, and picking a new president won’t save us.
We are living in a fantasy world carefully crafted to resemble a representative democracy. It used to be that the cogs, wheels and gear shifts in our government machinery worked to keep our republic running smoothly. However, without our fully realizing it, the mechanism has changed. Its purpose is no longer to keep our republic running smoothly. To the contrary, this particular contraption’s purpose is to keep the corporate police state in power. Its various parts are already a corrupt part of the whole.
Just consider how insidious, incestuous and beholden to the corporate elite the various “parts” of the mechanism have become.
Congress. Perhaps the most notorious offenders and most obvious culprits in the creation of the corporate-state, Congress has proven itself to be both inept and avaricious, oblivious champions of an authoritarian system that is systematically dismantling their constituents’ fundamental rights. Long before they’re elected, Congressmen are trained to dance to the tune of their wealthy benefactors, so much so that they spend two-thirds of their time in office raising money. As Reuters reports, “For many lawmakers, the daily routine in Washington involves fundraising as much as legislating. The culture of nonstop political campaigning shapes the rhythms of daily life in Congress, as well as the landscape around the Capitol. It also means that lawmakers often spend more time listening to the concerns of the wealthy than anyone else.”
The President. With the 2016 presidential election shaping up to be the most expensive one in our nation’s history, with estimates as high as $10 billion, “the way is open for an orgy of spending by well-heeled interest groups and super rich individuals on both political sides.” Yet even after the votes have been counted and favors tallied, the work of buying and selling access to the White House is far from over. President Obama spends significant amounts of time hosting and attending fundraisers, having held more than 400 fundraising events over the course of his two terms in office. Such access comes with a steep price tag. It used to be that $100,000 got you an overnight stay at the White House. Now it will cost you $500,000 for four meetings a year with President Obama. Yet as Harvard professor Lawrence Lessig asks, “[H]ow does a man, as a person, run the nation when he’s attending 228 fundraisers? And the answer is not very well. It’s pretty terrible for your ability to do your job. It’s pretty terrible for your ability to be responsive to the American people, because—let me tell you—the American people are not attending 228 fundraisers. Those people are different.”
The Supreme Court. The U.S. Supreme Court—once the last refuge of justice, the one governmental body really capable of rolling back the slowly emerging tyranny enveloping America—has instead become the champion of the American police state, absolving government and corporate officials of their crimes while relentlessly punishing the average American for exercising his or her rights. Like the rest of the government, the Court has routinely prioritized profit, security, and convenience over the basic rights of the citizenry. Indeed, law professor Erwin Chemerinsky makes a compelling case that the Supreme Court, whose “justices have overwhelmingly come from positions of privilege,” almost unerringly throughout its history, sides with the wealthy, the privileged, and the powerful. For example, contrast the Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon v. FEC, which does away with established limits on the number of candidates an entity can support with campaign contributions, and Citizens United v. FEC with its tendency to deny those same rights to average Americans when government interests abound, and you’ll find a noticeable disparity.
The Media. Of course, this triumvirate of total control would be completely ineffective without a propaganda machine provided by the world’s largest corporations. Besides shoving drivel down our throats at every possible moment, the so-called news agencies which are supposed to act as bulwarks against government propaganda have instead become the mouthpieces of the state. The pundits which pollute our airwaves are at best court jesters and at worst propagandists for the false reality created by the American government.
The American People. “We the people” now belong to a permanent underclass in America. It doesn’t matter what you call us—chattel, slaves, worker bees, drones, it’s all the same—what matters is that we are expected to march in lockstep with and submit to the will of the state in all matters, public and private. Through our complicity in matters large and small, we have allowed an out-of-control corporate-state apparatus to take over every element of American society.
Our failure to remain informed about what is taking place in our government, to know and exercise our rights, to vocally protest, to demand accountability on the part of our government representatives, and at a minimum to care about the plight of our fellow Americans has been our downfall.
Now we find ourselves once again caught up in the spectacle of another presidential election, and once again the majority of Americans are acting as if this election will make a difference and bring about change—as if the new boss will be different from the old boss.
When in doubt, just remember what comedian and astute commentator George Carlin had to say about the matter:
The politicians are put there to give you the idea that you have freedom of choice. You don’t. You have no choice. You have owners. They own you. They own everything. They own all the important land. They own and control the corporations. They’ve long since bought and paid for the Senate, the Congress, the state houses, the city halls. They got the judges in their back pockets and they own all the big media companies, so they control just about all of the news and information you get to hear. They got you by the balls. They spend billions of dollars every year lobbying. Lobbying to get what they want. Well, we know what they want. They want more for themselves and less for everybody else, but I’ll tell you what they don’t want. They don’t want a population of citizens capable of critical thinking. They don’t want well-informed, well-educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That’s against their interests.
They want obedient workers. Obedient workers, people who are just smart enough to run the machines and do the paperwork…. It’s a big club and you ain’t in it. You and I are not in the big club. …The table is tilted, folks. The game is rigged and nobody seems to notice…. Nobody seems to care. That’s what the owners count on…. It’s called the American Dream, ’cause you have to be asleep to believe it.
Hillary’s Libyan Torturers
By Daniel McAdams | Ron Paul Institute | August 4, 2015
Remember when then-Secretary of State Hillary Clinton was so intent on a US attack on Libya that she disregarded the US Intelligence Community, the Pentagon, and even her colleagues in the Obama Administration to force her “humanitarian intervention”? Clinton was so distrusted by the Pentagon that they opened up their own lines of communication with Libyan officials — they knew she was feeding them and the State Department boldfaced lies.
Even members of Hillary’s own party in Congress were skeptical of her claims.
Gaddafi’s son and presumed heir, Saif, told then-Rep. Dennis Kucinich (an RPI Board Member) that Hillary was using false information to justify the coming US attack on his country. (Thankfully, Mr. Kucinich understood his Constitutional obligation to act as member of an equal branch of government and did his own investigation of Hillary’s claims.)
Saif told Kucinich that Hillary’s “information” about Libya was:
[L]ike the WMDs in Iraq. It was based on a false report. Libyan airplanes bombing demonstrators, Libyan airplanes bombing districts in Tripoli, Libyan army killed thousands, etc., etc., and now the whole world found there is no single evidence that such things happened in Libya.
Hillary’s rebels, according to Saif were, as a Washington Times article reports, “not freedom fighters” but rather jihadists whom he described as “gangsters and terrorists.”
Hillary got her war. The Washington Post, ever the lickspittle in the service of the US regime, shortly after the attack praised Hillary’s great foresight in forcing the US war on Libya:
Seven months later, with longtime U.S. nemesis Moammar Gaddafi dead and Libya’s onetime rebels now in charge, the coalition air campaign has emerged as a foreign policy success for the Obama administration and its most famous Cabinet member, Secretary of State Hillary Rodham Clinton.
What a success! Libya is now in the hands of ISIS and various Islamist terror gangs. The population is devastated. Saif was right: they were a bunch of terrorist jihadists.
Gaddafi’s other son, Saadi, is currently being held by “Libyan Dawn,” an al-Qaeda group that has emerged since the US “liberation” and has taken control of key parts of Libya. This week we see in a new video that Hillary’s humanitarian freedom fighters have taken to torturing Saadi Gaddafi in the must un-humanitarian manner (warning, graphic). Hillary’s humanitarians are a bunch of torturing thugs, and it’s all there on the tape. Will she be challenged on this? Don’t bet on it.
Meanwhile, another group of Hillary’s extremists have sentenced Saif to death in a mass trial with scores of others from the previous government. The trials were so bad they were even condemned by the International Criminal Court, which would also like to get its hands on Saif. The defendants had little access to legal council in what was a textbook show trial.
Hillary Clinton squealed with joy when Muammar Gaddafi was sodomized with a knife and murdered by her rebels. Is she likewise giggling somewhere as Gaddafi’s son has his feet beaten to a pulp with a metal rod while he is bound and slapped in the face and his other son is sentenced to death in a trial with no semblance to actual rule of law?
This is human rights, Hillary-style.
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Book Review
The Greatest Threat to World Peace? A Review of Daniele Ganser’s ‘USA: The Ruthless Empire’
Review by Marilyn Langlois | November 10, 2023
If you regard the United States as perhaps flawed but overall a force for good in the world . . .
If you scoff at the notion that the US, a republic founded on principles of freedom and democracy, has morphed into a world empire, perpetrating assassinations, coups d’état, acts of terror and illegal warfare . . .
If you want to promote peace but haven’t yet explored deceptive events that precipitate US warmongering . . .
. . . here is a volume that will clear the air and paint an honest picture of the significant, not-so-rosy impact US foreign policy and actions have had in the world around us.
USA: The Ruthless Empire, by Swiss historian and peace researcher Daniele Ganser, is the newly published English language translation of his book Imperium USA, originally written in German and published in 2020. Here is a summary of key points — including some lesser-known ones — along with remedies for a more peaceful future, that are covered in the book. … continue
Blog Roll
Aletho News- Argentina’s Javier Milei sells out his country for Israel
- Putting Nukes in Finland Won’t Make Country Safer, Finnish Politician Cautions
- Ukrainian drone strike kills worker at Europe’s largest nuclear power plant
- What the West Hides About Soviet Role in De-Colonization
- Villains of Judea: Douglas Feith
- US pension fund invests hundreds of millions in weapons firms supplying Israel
- US bill to grant Americans serving in Israeli army same rights as US troops
- What a president, a movie star, a congressman, and a cell phone all dared to say
- ‘An entire nation is being humiliated by the Iranian leadership’: Merz
- Pakistan Throws Open Its Gates for Iran’s Transit Trade to Third Countries
- If Americans Knew
- Palestinians in Gaza Want to Rebuild Food Systems. Israel Isn’t Letting Them.
- Under Trump, Green Card Seekers Face New Scrutiny for Views on Israel
- Sheep Theft Sent Shockwaves Through a Palestinian Village. Then, a 12-year-old Boy Was Shot Dead
- Trump alum helps Israel mount AI influence campaign
- Dispatches From Catastrophe
- Despite Denials, AIPAC Is Now Funding Campaign of Ala Stanford In Philadelphia
- Israel’s neighbors are irate about its treatment of religious sites
- Israel escalates in Gaza: killing, torture, hunger – Daily Update
- Six Months into Gaza Ceasefire, Setting the Record Straight About Aid
- ‘Silent suffering’: Why children in Gaza are losing their ability to speak
- No Tricks Zone
- New Study: Extreme Heat Records, Heatwaves, Extreme Cold Records Declining Across US Since 1899
- It’s The Cold, Stupid! Cold 20 Times More Lethal Than Heat, Multiple Studies Show
- European Institute For Climate And Energy: “Climate Debate is Seldom About Science”
- New Study: The Climate May Be 5 Times More Sensitive To Solar Forcing Than Commonly Assumed
- EV Industry Reached $70 Billion In Losses In 2024 Due To Delusional Green Ideologies
- Reality Check: Maldives Have Actually Grown In Size Or Remained Stable Over Recent Decades
- Abrupt Climate Change Also Occurred NATURALLY In The Past …25 Times During Last Ice Age
- Cave Discovery Reveals Today’s Desert Climates Were Recently Far Warmer, Wetter, Teeming With Life
- German Expert: Heat Dome Led To Record Temps In Western USA…Warmer In 1934, 1936
- New Study: No Linear Warming Or Glacier Retreat Along Northern Antarctic Peninsula Since 1980s
Aletho News 