...probably not...
THAT SAID...
* * *
Hillary Clinton's emails on her unsecured, homebrew
server contained intelligence from the U.S. government's most secretive and
highly classified programs, according to an unclassified letter from a top
inspector general to senior lawmakers.
* ALLOW ME TO NOTE: IT DOESN'T MATTER HOW MUCH PRIVATE "SECURITY"
CLINTON'S PRIVATE CONTRACTORS PROVIDED FOR HER PRIVATE SERVER... THE POINT IS
THAT SHE SHOULDN'T HAVE BEEN USING HER OWN PRIVATE SERVER FOR GOVERNMENT
BUSINESS IN THE FIRST PLACE, AND CERTAINLY NOT FOR RECEPTION/TRANSMISSION/STORAGE
OF CLASSIFIED GOVERNMENTAL MATERIALS. PERIOD. END OF STORY. THIS WOULD HAVE
BEEN THE CASE - AND WOULD BE THE CASE TODAY - REGARDLESS OF WHO WAS IN CHARGE
OF MRS. CLINTON'S PRIVATE NETWORK. HELL... IT COULD HAVE BEEN STEVE JOBS AND
BILL GATES RUNNING CLINTON'S PRIVATE NETWORK AND IT STILL WOULD HAVE BEEN
WRONG... AND APPARENTLY... ILLEGAL.
Fox News exclusively obtained the unclassified letter,
sent Jan. 14 from Intelligence Community Inspector General I. Charles
McCullough III. It laid out the findings of a recent comprehensive review by
intelligence agencies that identified "several dozen" additional
classified emails - including specific intelligence known as "special
access programs" (SAP).
That indicates a level of classification beyond even “top
secret,” the label previously given to two emails found on her server, and
brings even more scrutiny to the presidential candidate’s handling of the
government’s closely held secrets.
“To date, I have received two sworn declarations from one
[intelligence community] element. These declarations cover several dozen emails
containing classified information determined by the IC element to be at the
confidential, secret, and top secret/sap levels,” said the IG letter to
lawmakers with oversight of the intelligence community and State Department.
“According to the declarant, these documents contain information derived from
classified IC element sources.”
Intelligence from a "special access program,” or
SAP, is even more sensitive than that designated as "top secret" – as
were two emails identified last summer in a random sample pulled from Clinton's
private server she used as secretary of state. Access to a SAP is restricted to
those with a "need-to-know" because exposure of the intelligence would
likely reveal the source, putting a method of intelligence collection - or a
human asset - at risk.
Currently, some 1,340 emails designated “classified” have
been found on Clinton’s server, though the Democratic presidential candidate
insists the information was not classified at the time.
* MEANING UNDER HER "WATCH" AS SECRETARY OF
STATE, STATE DEPARTMENT EMPLOYEES - INCLUDING POLITICAL APPOINTEES OF CLINTON
AND PRESIDENT OBAMA - FAILED TO FULFILL THEIR BASIC RESPONSIBILITIES CONCERNING
PROPER SECURITY DESIGNATIONS OF SENSITIVE GOVERNMENTAL INFORMATION!
* FOLKS... THERE'S NO POSSIBLE "WIN" FOR
CLINTON HERE! (OR OBAMA - WHO KNEW ABOUT CLINTON'S PRIVATE SERVER!)
“There is absolutely no way that one could not recognize
SAP material,” a former senior law enforcement with decades of experience
investigating violations of SAP procedures told Fox News. “It is the most
sensitive of the sensitive.”
Executive Order 13526 - called "Classified National
Security Information" and signed Dec. 29, 2009 - sets out the legal
framework for establishing special access programs. The order says the programs
can only be authorized by the president, "the Secretaries of State,
Defense, Energy, and Homeland Security, the Attorney General, and the Director
of National Intelligence, or the principal deputy of each."
The programs are created when "the vulnerability of,
or threat to, specific information is exceptional,” and “the number of persons
who ordinarily will have access will be reasonably small and commensurate with
the objective of providing enhanced protection for the information
involved," it states.
According to court documents, former CIA Director David
Petraeus was prosecuted for sharing intelligence from special access programs
with his biographer and mistress Paula Broadwell.
(*SMIRK*)
At the heart of his prosecution was a non-disclosure
agreement where Petraeus agreed to protect these closely held government
programs, with the understanding “unauthorized disclosure, unauthorized
retention or negligent handling ... could cause irreparable injury to the
United States or be used to advantage by a foreign nation.”
Clinton signed an identical non-disclosure agreement Jan.
22, 2009.
Fox News is told that the recent IG letter was sent to
the leadership of the House and Senate intelligence committees and leaders of
the Senate Foreign Relations Committee, as well as the Office of the Director
of National Intelligence (ODNI) and State Department inspector general.
Representatives for the ODNI and intelligence community
inspector general had no comment.
In a statement, State Department spokesman John Kirby
said, “The State Department is focused on and committed to releasing former
Secretary Clinton’s emails in a manner that protects sensitive information. No
one takes this more seriously than we do.”
The intelligence community IG was responding in his
message to a November letter from the Republican chairmen of the Senate
intelligence and foreign relations committees that questioned the State
Department email review process after it was wrongly reported the intelligence
community was retreating from the “top secret” designation.
As Fox News first reported, those two emails were “top
secret” when they hit the server, and it is now considered a settled matter.
* AND YET NO ONE ASKED CLINTON ABOUT THIS AT SUNDAY'S
DEBATE...
(*SMIRK*)
(*SNORT*)
* I'M SURE IT WAS JUST... AN... OVERSIGHT.
(*GUFFAW*)
The intelligence agencies now have their own reviewers
embedded at the State Department as part of the Freedom of Information Act
(FOIA) process. The reviewers are identifying intelligence of a potentially
classified nature, and referring it to the relevant intelligence agency for
further review.
There is no formal appeals process for classification,
and the agency that generates the intelligence has final say. The State
Department only has control over the fraction of emails that pertain to their
own intelligence.
While the State Department and Clinton campaign have said
the emails in questions were “retroactively classified” or “upgraded” – to
justify the more than 1,300 classified emails on her server – those terms are
meaningless under federal law.
The former federal law enforcement official said the
finding in the January IG letter represents a potential violation of USC 18
Section 793, “gross negligence” in the handling of secure information under the
Espionage Act.
* FOLKS... COMMON SENSE TELLS YOU IT WAS "GROSS
NEGLIGENCE." YOU DON'T NEED TO LOOK UP USC 18 SECTION 793 TO KNOW THAT!
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