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2016 Postmortem
In reply to the discussion: Hillary's Email Scandal for Non-Techy People [View all]leveymg
(36,418 posts)145. This is one of those bait and switch analyses. Doesn't mention Sec. 793 the statute most
mentioned in Hillary's signed Security Agreement. I discussed subsections (e) and (f) of that statute at #139, above. Here's the wording of her signed oath (by the way, also notice what it says about "unmarked classified information" :
UNCLASSIFIED U.S. Department of State Case No. F-2015-05069 Doc No. C05833708 Date: 11/05/2015
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement. classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50, United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, will result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classifled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
NSN 75C0.01..2B0-5499
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement. classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50, United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, will result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classifled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
NSN 75C0.01..2B0-5499
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It's actually unbelievable. Keystone Kops in a way. Secretary of State, FFS.
CentralCoaster
Apr 2016
#27
IdaBroggs, this is a concise explanation! Well done! However, I think you should add...
FourScore
Apr 2016
#69
ANALYSIS: No, Hillary Clinton Did Not Commit a Crime ... at Least Based on What We Know Today
Gothmog
Apr 2016
#101
That is not a good analysis. You can get ten years for leaving secret docs on a bar stool.
leveymg
Apr 2016
#139
Here's something I learned . . . there are NO government documents marked "classified"
pdsimdars
Apr 2016
#72
"Some Or All" Of Clinton Emails Designated SAP Referenced Public Information About U.S. Drone Strike
Gothmog
Apr 2016
#140
No. Much of the TS classified material was NSA information dealing with events in Libya.
leveymg
Apr 2016
#151
What I see: of 127 Sid emails, only one appears to have been partial redacted by the Comm.
leveymg
Apr 2016
#194
There was one email where a name was redacted unnecessarily. You failed to make your case here.
leveymg
Apr 2016
#196
I am amused that you actually think that you understand the legal concepts being discussed
Gothmog
Apr 2016
#184
Delighted you are amused. But, again you err. Petraeus' binders weren't marked classified, but
leveymg
Apr 2016
#185
Nowhere does that state that his books were marked classifed; Sec 1924 and 793 r different statutes
leveymg
Apr 2016
#188
I thought DiFi was busy lying to the American people about the wretched effects legal weed is having
Warren DeMontague
Apr 2016
#163
This is one of those bait and switch analyses. Doesn't mention Sec. 793 the statute most
leveymg
Apr 2016
#145
I make a living parsing federal and state statutes for things such as intent and mens rea.
leveymg
Apr 2016
#154
There are six separate crimes under 793. (e) and (f) do not require specific intent
leveymg
Apr 2016
#161
When was the last time that you or someone you knew had just one FBI agent investigating personaly
nolabels
Apr 2016
#99
GOP created this story, and did so to try and destroy Hillary Clinton's chances to be president.
Jackie Wilson Said
Apr 2016
#80
They didn't create *the facts* of what she did, which apparently warrant investigation, at a minimum
JudyM
Apr 2016
#84
He brought approx 150 emails when he was subpoenaed by the Benghazi committee.
IdaBriggs
Apr 2016
#88
TRUE: "The mere fact that it exists was a breach of security with potential consequences."
IdaBriggs
Apr 2016
#29
You can carry the conservative Republican water all you like, won't make this issue more palatable
Tarc
Apr 2016
#68
No, TARC is a liberal, a Democrat who supports the party and is aware
Jackie Wilson Said
Apr 2016
#81
So you openly have hatred for the Democratic Party, noted. I know why
Jackie Wilson Said
Apr 2016
#92
That is ludicrous. Which of us will vote to prevent women from dying from self abortions?
Jackie Wilson Said
Apr 2016
#94
That is not the point, is it. Your attitude is carried with you everywhere you go.
Jackie Wilson Said
Apr 2016
#105
Really, your very negative attitude about Hillary is only expressed here on DU?
Jackie Wilson Said
Apr 2016
#109
Again, categorically false, per the Inspector General of the Intelligence Community.
IdaBriggs
Apr 2016
#133
Sticking to the facts is a great idea-why don't you provide the sourcing for your so-called facts?
Gothmog
Apr 2016
#134
I'm ready for it to wrap up. Surely they have enough of whatever they're looking for. Let's do this!
WhaTHellsgoingonhere
Apr 2016
#43
She wanted a custom ultra secure BlackBerry like Barak's and they would not give her one.
gordianot
Apr 2016
#56
Thank you and bookmarking :) - Hillary's Email Scandal for Non-Techy People nt
slipslidingaway
Apr 2016
#48
I've seen a number of videos on this and this looks like a great job. . . THANKS!
pdsimdars
Apr 2016
#71
The fact that you are not disclosing your sourcing is all anyone needs to reject this sad OP
Gothmog
Apr 2016
#110
I like complicated which which is why I sourced each and every one of my posts
Gothmog
Apr 2016
#135
Government Officials: None Of The Emails Were Marked As "Classified" When They Were Sent.
Gothmog
Apr 2016
#130
The fact that you have no sourcing for your silly and false claims is sad but amusing
Gothmog
Apr 2016
#171
Guccifer took screen shots/made copies of Hillary & Sidney Blumenthal's email.
IdaBriggs
Apr 2016
#166
Yes, it helps a lot. What a bizarre twist to an already convoluted
Land of Enchantment
Apr 2016
#182
Condoleezza Rice Aides, Colin Powell Also Got Classified Info on Personal Emails
Gothmog
Apr 2016
#127