Clinton's email "scandal" that isn't. Brief notes for 'discussions' with Repugnants
Last edited Mon Oct 24, 2016, 08:10 PM - Edit history (2)
... the Clinton email/server issue is fairly complex and is ripe for distortions by the Rabid Right. Terms used in the arguments are treated as if they are clearly defined when, in reality, matters are not always that simple. The following notes are provided to hopefully help in 'discussions' of this 'issue' with Repugnants.
Classified information - not a cut and dried matter - Dept of State did not agree emails contained Classified Info
Comey said, in answer to Trey Gowedy's question, they found emails on Sec. Clinton's server with classified information in them. What he did not say is that while the CIA said that some of the information in some emails was classified, the Dept of State does NOT agree that the information was classified. Comey gave the impression that the determination of classified status of information is a cut and dried matter and he did not reveal what everyone who works for the Government knows - that there is NOT universal agreement among the agencies of Government (esp. Dept. of State and the CIA) as to what information should be considered classified.
Agencies Battle Over What Is ‘Top Secret’ in Hillary Clinton’s Emails
NONE of the emails in question were initiated by Clinton. They were all sent to or forwarded to Sec Clinton.
None of the emails had a Classified Header on it, AS IS REQUIRED, if classified information is within the document.
In Comey's appearance before a Congressional Committee, Rep Matt Cartwright asked Comey was it true that NOT ONE of the emails purported to have classified info in them had a Classified Header on it - as is required. Comey answered that was TRUE. Cartwright asked Comey was it reasonable for the secretary of state to infer from the lack of a classified header that there was no classified info in these emails. Comey answered that that was a reasonable inference to make. [font color="red"]Note that Comey, with these answers confirmed what Hillary said: she did not send or receive anything marked classified. IOW Clinton did NOT LIE. It's interesting to note that not one of the GOP-tv networks (ABC,NBC, CBS, PBS) has shown or reported on this clear confirmation of the truth in what Clinton said[/font]. Six corporations control 90% of the media. Need I say more?
Personal email accounts not prohibited during Sec Clinton's tenure; Powell advised Clinton to use personal email account as he did
Secretary Clinton's use of a personal email account - whether with a commercial email service provider, or on a personally owned server - was not, as claimed, an extraordinary thing to do. During the time of Sec. Clinton's tenure at the Dept. of State there were no prohibitions on the use of personal email accounts for Government business. Federal Records Act requirements are met if all relevant documents (involving the conduct of official Government business) are provided for archiving, regardless of whether they are emails or some other form of communication.
Dept. of State, OIG Report: Evaluation of Email Records Management and Cybersecurity Requirements - May 2016 https://oig.state.gov/system/files/esp-16-03.pdf (all emphases my own)
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Requirements for Email Records in Personal Accounts: As previously stated, documents can qualify as Federal records regardless of the location, method of creation, or the medium involved. Consequently, records management requirements have always applied to emails exchanged on personal email accounts, provided their content meets the definition of a record. In 2004, NARA issued a bulletin noting that officials and employees “must know how to ensure that records are incorporated into files or electronic recordkeeping systems, especially records that were generated electronically on personal computers.” In 2009, NARA amended its regulations explicitly to address official emails on personal accounts:
Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.
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[font size="3"] Former Sec of State Colin Powell used a personal email account for personal and official Government business. Powell advised Sec Clinton to use a personal email account as he did.[/font] Actually, use of personal email accounts for official government business is not unusual. Discussion of Classified info, out of necessity, is also not unusual in the diplomatic service (although, diplomats take steps to be vague in communications).
(State Dept. Daily Briefing, Mar 15, 2015). http://www.state.gov/r/pa/prs/dpb/2015/03/238132.htm;
The Hillary Clinton email Scandal that isn't https://www.washingtonpost.com/opinions/the-hillary-clinton-e-mail-scandal-that-isnt/2015/08/27/b1cabed8-4cf4-11e5-902f-39e9219e574b_story.html?utm_term=.2a6d672fb9a4)
Use of Unclassified Email Systems Not Limited to Clinton http://www.nytimes.com/2016/05/11/us/clinton-emails-routine-practice.html
What was different with Sec Clinton's email account was that it resided on her personally owned server, maintained by Government IT specialists and in a facility guarded by Government security personnel - the Secret Service. In terms of the legality there is no difference in using a personal email account with a commercial email service provider and using an email account that resides on a personally owned server. Another difference is that Commercial email accounts ARE NOT SECURE.
Commercial email account - NOT SECURE - UTTERLY, COMPLETELY (IOW: Clinton's set-up was more secure)
Note that commercial email service providers have cyber security personnel whose job is to protect their system from unauthorized intrusions by hackers and malware. That in order to do their job, they must be able to access/examine any email and attachments thereto in their system. IT therefore follows that NOBODY CAN GUARANTEE THAT ANY CLASSIFIED INFORMATION IN AN EMAIL IN A COMMERCIAL EMAIL ACCOUNT WILL NOT BE SEEN BY NON GOVERNMENT PERSONS - WITHOUT GOVERNMENT SECURITY CLEARANCES. IOW, NOBODY CAN GUARANTEE THAT CLASSIFIED DATA IN SUCH ACCOUNTS HAS NOT BEEN COMPROMISED. It should be noted that the FBI found no evidence that Sec Clinton's server was successfully hacked. Unfortunately, the same can not be said for a number of Government computer systems during Sec Clinton's tenure - including that of the Dept. of State! The IT specialists maintaining Sec. Clinton's server added necessary anti-viral software to the server and contracted for additional security software to be installed - as is the same practice on other Government computer systems.