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RiverLover

(7,830 posts)
Tue Sep 8, 2015, 06:19 AM Sep 2015

Hillary And The Democrats' Dilemma

Hillary And The Democrats' Dilemma
by Steve Denning
Forbes
9/8/15

....large snip....

As in the case of General Petraeus, who was found guilty of mishandling classified information merely by leaving notebooks in an unlocked drawer in his house, Clinton clearly mishandled classified information by keeping emails containing classified information in a private server, without appropriate security arrangements to protect the information, and to which people without proper security clearance had access.

Regardless of what other information will be revealed, Clinton is already at risk of prosecution for mishandling classified information. As in the case of Petraeus, no proof is needed that Clinton personally or knowingly revealed classified information to anyone, although that of course would be an aggravating circumstance. All the government would need to show in a prosecution is that Clinton mishandled classified information, because she knew that the information in the private server was classified and should have known that the security arrangements were inadequate.

.....snip....Democrats now face a dilemma. With Hillary Clinton as the presumptive Presidential nominee, she is at risk of being indicted for the crime of mishandling classified information any time between now and the election in November 2016.

If such an indictment were to occur in the near future, Democrats could presumably re-group and find an electable replacement, such as Joe Biden.

If on the other hand, the indictment were to occur at a later period, say, in the middle of 2016, after Clinton had effectively secured the Democratic nomination, the indictment would threaten, if not doom, the Democratic Party’s chance of winning the election, even if the Republican candidate were to be flawed.

The maddening thing for Democrats is that there can be no clarity on the matter. The threat of a prosecution will be ever present, no matter what any official says, since no one knows which government agency might emerge from the shadows at any time with a duly authorized prosecution....

http://www.forbes.com/sites/stevedenning/2015/09/08/hillary-and-the-democrats-dilemma/


This is indeed a dilemma. From The Daily Beast a while back~

....snip....Although it will be months before intelligence agencies have reviewed all Clinton emails, counterintelligence officials expect that the true number of classified emails on Hillary’s servers is at least many hundreds and perhaps thousands, based on the samplings seen to date.

Excuses that most of the classified emails examined to date are considered Confidential, which is the lowest level, cut no ice with many insiders. Although the compromise of information at that level is less damaging than the loss of Secret—or worse Top Secret—information, it is still a crime that’s taken seriously by counterintelligence professionals. Most of the classified emails that Hillary and her staff seem to have compromised dealt with diplomatic discussions, which is a grave indiscretion as far as diplomats worldwide are concerned.

“Of course they knew what they were doing, it’s a clear as day from the emails,” opined one senior official who is close to the investigation. “I’m a Democrat and this makes me sick. They were fully aware of what they were up to, and the Bureau knows it.” That Hillary and her staff at Foggy Bottom were wittingly involved in a scheme to place classified information into ostensibly unclassified emails to reside on Clinton’s personal, private server is the belief of every investigator and counterintelligence official I’ve spoken with recently, and all were at pains to maintain that this misconduct was felonious.

It’s clear that many people inside the State Department had to be aware, at least to some degree, of what Clinton and her inner staff were engaged in. How far that knowledge went is a key question that the FBI is examining....

http://www.thedailybeast.com/articles/2015/09/02/will-hillary-clinton-s-emails-burn-the-white-house.html


We just have to hope this all is let go, an unfortunate mistake to learn from and not repeat. What a mess...

*******************


eta - From today's Daily Beast~

A new review revealed that two emails Hillary Clinton received on her private account while at the State Department were determined by the intelligence agencies’ inspector general to contain highly sensitive information, senior intelligence officials told The New York Times on Monday. The Central Intelligence Agency and the National Geospatial-Intelligence Agency review concluded that the emails were “top secret,” which is the highest government intelligence classification, when they were sent to the then-secretary of state in 2009 and 2011.

http://www.thedailybeast.com/cheats/2015/09/08/review-classified-info-in-hil-s-email.html


Its now a major dilemma.

21 replies = new reply since forum marked as read
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Hillary And The Democrats' Dilemma (Original Post) RiverLover Sep 2015 OP
Yes, Trump and the Republicans are pushing this bullshit OKNancy Sep 2015 #1
Lets hope so. This seems to be a fluid situation. /nt RiverLover Sep 2015 #2
That article cited a single "expert", a defense attorney, for that position, and two who contradict leveymg Sep 2015 #5
ALMOST no possibility of criminal action. Motown_Johnny Sep 2015 #13
Is that you Donald BlueStateLib Sep 2015 #3
"At this time, any conclusion about the classification of the documents in question would be prematu RiverLover Sep 2015 #4
Spokesman correct only to a point - it is now up to the Justice Dept to decide whether to prosecute. leveymg Sep 2015 #6
That right wing hack, Steve Denning, deliberately misstates the law: DemocratSinceBirth Sep 2015 #9
I think the parallel is both knowingly had classified info at an unsecure location. RiverLover Sep 2015 #10
I said he is a right wing hack and I stand by it. DemocratSinceBirth Sep 2015 #11
wow RiverLover Sep 2015 #12
If DOJ finds Top Secret materials were traded on her server, Clinton will be too busy defending leveymg Sep 2015 #7
exactly. 2banon Sep 2015 #18
Same out bovine excrement... DemocratSinceBirth Sep 2015 #8
Why is that good enough? Motown_Johnny Sep 2015 #14
I was speaking to the indictment fantasy.. DemocratSinceBirth Sep 2015 #15
I don't use the ignore list, thank you. Motown_Johnny Sep 2015 #16
On a side note RiverLover... 2banon Sep 2015 #17
I hope so too!! RiverLover Sep 2015 #20
I don't support Clinton, but we don't need this Armstead Sep 2015 #19
besides the optics there's little chance she'll come out spotless from this MisterP Sep 2015 #21

OKNancy

(41,832 posts)
1. Yes, Trump and the Republicans are pushing this bullshit
Tue Sep 8, 2015, 06:31 AM
Sep 2015

But there is no legal jeopardy for Hillary. Legal experts agree.

http://www.usnews.com/news/politics/articles/2015/08/31/legal-experts-see-no-criminal-trouble-for-clinton-thus-far

WASHINGTON (AP) — Experts in government secrecy law see almost no possibility of criminal action against Hillary Clinton or her top aides in connection with now-classified information sent over unsecure email while she was secretary of state, based on the public evidence thus far.

Some Republicans, including leading GOP presidential candidate Donald Trump, have called Clinton's actions criminal and compared her situation to that of David Petraeus, the former CIA director who was prosecuted after giving top secret information to his paramour. Others have cited the case of another past CIA chief, John Deutch, who took highly classified material home.

But in both of those cases, no one disputed that the information was highly classified and in many cases top secret. Petraeus pleaded guilty to a misdemeanor; Deutch was pardoned by President Bill Clinton.

By contrast, there is no evidence of emails stored in Hillary Clinton's private server bearing classified markings. State Department officials say they don't believe that emails she sent or received included material classified at the time. And even if other government officials dispute that assertion, it is extremely difficult to prove anyone knowingly mishandled secrets.

leveymg

(36,418 posts)
5. That article cited a single "expert", a defense attorney, for that position, and two who contradict
Tue Sep 8, 2015, 08:42 AM
Sep 2015
"How can you be on notice if there are no markings?" said Leslie McAdoo, a lawyer who frequently handles security-clearance cases.


Rhetorical question. Ms. McAdoo should know that foreign government sourced information are "presumed classified," and that Secretary of State Clinton was trained to recognize and handle classified materials.

1) She was trained by the Department on infosec; 2) she sent presumed classified info to Blumenthal

Clinton and her senior staff routinely sent foreign government information among themselves on unsecured networks several times a month, if the State Department's markings are correct. Within the 30 email threads reviewed by Reuters, Clinton herself sent at least 17 emails that contained this sort of information. In at least one case it was to a friend, Sidney Blumenthal, not in government.

The information appears to include privately shared comments by a prime minister, several foreign ministers and a foreign spy chief, unredacted bits of the emails show. Typically, Clinton and her staff first learned the information in private meetings, telephone calls or, less often, in email exchanges with the foreign officials.


Read more: Reuters report at http://www.aol.com/article/2015/08/21/exclusive-dozens-of-clinton-emails-were-classified-from-the-sta/21225607/


Here's the kicker, HRC received training on how to handle classified information as SOS, and proceeded to continue to use her own unsecured personal server for all Department email, nonetheless:

State Department staff, including the secretary of state, receive training on how to classify and handle sensitive information, the department has said. In March, Clinton said she was "certainly well aware" of classification requirements.


Anyone else would have been indicted by now for this.

P.S. - Note the part of the article that sources the former head of the Office of Information System Security (the guy who decides when federal officials have breached security clearances) says Hillary sent email containing foreign gov't information to Blumenthal over her own private server? I seem to recall a couple things: 1) Blumenthal's emails to Hillary were hacked by a Romanian and released, and that's what brought public attention to this, initially; and 2), several months ago, Hillary claimed she didn't (respond to)(Correction: her spokesman used the term "solicit&quot Blumenthal's messages. She (her spokesman) appears to have misspoken, (or mischaracterize) again. See, http://www.nytimes.com/2015/06/30/us/politics/benghazi-emails-put-focus-on-hillary-clintons-encouragement-of-adviser.html?_r=0



 

Motown_Johnny

(22,308 posts)
13. ALMOST no possibility of criminal action.
Tue Sep 8, 2015, 09:45 AM
Sep 2015

That isn't saying that she didn't break the law. It is saying that there may not be enough evidence to prosecute her for it.

The problem with your point of view is that your standards for our nominee are far to low. The fact that she probably won't be indicted isn't enough to get her to the Presidency. Chris Christie probably won't be indicted either but he sure as hell can't be trusted to be President. Hillary needs to be held to the same standard.


Personally, I care a lot more about all the false statements she has made about it than about the emails themselves. During her press conference on 8/17/15 she said that if she had used separate email servers for work and personal then the problem would still exist. She now admits that she should have used separate servers. Presumably because the problem would not exist if she had. She also said that this all started because she asked for her emails to be released. The truth is that she did not ask for her emails to be released until 3 days after the story broke.

Even that crazy "I didn't want to carry two phones" crap that took the campaign 8 days to dream up is a problem. We know now that the Blackberry she was using was not government issue and could have connected to as many email accounts as she wanted, just like any other phone.

This all just proves that she and her campaign are not ready for the big league. If we have her as our nominee we risk her claiming to have run from sniper fire, or something worse, just in time to snatch defeat from the jaws of victory. She is a terrible candidate who is running a terrible campaign. We need to nominate someone else.






BlueStateLib

(937 posts)
3. Is that you Donald
Tue Sep 8, 2015, 06:44 AM
Sep 2015

John Kirby State Department spokesman: “Classification is rarely a black and white question, and it is common for the State Department to engage internally and with our interagency partners to arrive at the appropriate decision,” he said in a statement. “Very often both the State Department and the intelligence community acquire information on the same matter through separate channels. Thus, there can be two or more separate reports and not all of them based on classified means. At this time, any conclusion about the classification of the documents in question would be premature.”

RiverLover

(7,830 posts)
4. "At this time, any conclusion about the classification of the documents in question would be prematu
Tue Sep 8, 2015, 07:00 AM
Sep 2015

"At this time, any conclusion about the classification of the documents in question would be premature.”

...at this time...premature....there is the dilemma.

leveymg

(36,418 posts)
6. Spokesman correct only to a point - it is now up to the Justice Dept to decide whether to prosecute.
Tue Sep 8, 2015, 08:45 AM
Sep 2015

DemocratSinceBirth

(99,710 posts)
9. That right wing hack, Steve Denning, deliberately misstates the law:
Tue Sep 8, 2015, 09:06 AM
Sep 2015

That right wing hack, Steve Denning, deliberately misstates the law:


Regardless of what other information will be revealed, Clinton is already at risk of prosecution for mishandling classified information. As in the case of Petraeus, no proof is needed that Clinton personally or knowingly revealed classified information to anyone.

Hillary And The Democrats' Dilemma
by Steve Denning
Forbes
9/8/15


The statute under which General Petraeus was prosecuted under:



18 U.S.C.
United States Code, 2011 Edition
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
Sec. 1924 - Unauthorized removal and retention of classified documents or material
From the U.S. Government Printing Office, www.gpo.gov

§1924. Unauthorized removal and retention of classified documents or material
(a) Whoever, being an officer, employee, contractor, or consultant 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.
(b) For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).
(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.
(Added Pub. L. 103–359, title VIII, §808(a), Oct. 14, 1994, 108 Stat. 3453; amended Pub. L. 107–273, div. B, title IV, §4002(d)(1)(C)(i), Nov. 2, 2002, 116 Stat. 1809.)
Amendments
2002—Subsec. (a). Pub. L. 107–273 substituted “under this title” for “not more than $1,000,”

RiverLover

(7,830 posts)
10. I think the parallel is both knowingly had classified info at an unsecure location.
Tue Sep 8, 2015, 09:21 AM
Sep 2015

And the author isn't exactly a "RW hack".

DemocratSinceBirth

(99,710 posts)
11. I said he is a right wing hack and I stand by it.
Tue Sep 8, 2015, 09:25 AM
Sep 2015

I said he is a right wing hack and I stand by it. I wouldn't withdraw my observation if someone put a gun at my head and said he or she would shoot me if I didn't withdraw it.

I said that right wing hack deliberately misstates the law and I stand by it. I wouldn't withdraw my observation if someone put a gun at my head and said he or she would shoot me if I didn't withdraw it.

leveymg

(36,418 posts)
7. If DOJ finds Top Secret materials were traded on her server, Clinton will be too busy defending
Tue Sep 8, 2015, 08:49 AM
Sep 2015

herself to run for office. She already is.

DemocratSinceBirth

(99,710 posts)
8. Same out bovine excrement...
Tue Sep 8, 2015, 08:54 AM
Sep 2015

Hillary Clinton will not be indicted for anything.


And I'm willing to figuratively or is it literally put my money where my proverbial mouth is.

 

Motown_Johnny

(22,308 posts)
14. Why is that good enough?
Tue Sep 8, 2015, 09:49 AM
Sep 2015

Just because she probably won't be indicted does not mean she should be President.

Your standards are far to low.


DemocratSinceBirth

(99,710 posts)
15. I was speaking to the indictment fantasy..
Tue Sep 8, 2015, 09:53 AM
Sep 2015
Why is that good enough? Just because she probably won't be indicted does not mean she should be President.

Your standards are far to(o) low.


I was speaking to the indictment fantasy..


My moral compass is just fine...If you find me not to meet your standards you can put me on 'Ignore' and move on along.


Thank you in advance.
 

Motown_Johnny

(22,308 posts)
16. I don't use the ignore list, thank you.
Tue Sep 8, 2015, 09:57 AM
Sep 2015

This place is enough of an echo chamber as it is. Limiting input by using ignore is, in my opinion, a mistake.

The indictment fantasy is not really a fantasy. It is just extremely unlikely.

 

2banon

(7,321 posts)
17. On a side note RiverLover...
Tue Sep 8, 2015, 10:24 AM
Sep 2015

what do you suppose HRC's defenders of Classified Security breaches and mishandling should compare to Snowden? I think I can just hear it now. HRC's was all unknowing and accidental.. Snowden was intentionally deliberate. So he's a "traitor" and guilty of espionage. But HRC just goofed up on this one. D'ya think?

Interesting information in this OP by the way, I really hadn't kept up with the details wrt to specific revelations. Like the Blumenthal thing as an example.

So I'm thinking this doesn't portend well whatsoever for 2016. How long will this thing drag out I wonder while all of the political juice dries up .. drip by drip.

Personally I am a Warren supporter, and Bernie is my candidate for POTUS all the way, I think enthusiasm for his nomination may have the power to overcome the negative consequences she's created. I hope.

 

Armstead

(47,803 posts)
19. I don't support Clinton, but we don't need this
Tue Sep 8, 2015, 10:32 AM
Sep 2015

Forbes magazine, neh.

I'd rather see less flogging of the e-mail controversy. Whatever will happen or not happen, it's a distraction from the real issues and differences of candidates.

MisterP

(23,730 posts)
21. besides the optics there's little chance she'll come out spotless from this
Tue Sep 8, 2015, 02:13 PM
Sep 2015

besides this whole primary's about fighting secretive elite politics, so it's more a cross between "good example" and "midlevel flap" rather than any distraction from difference

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