Clinton's server had classified material beyond 'top secret'

[KRonn]

It isn't allowed to use a personal server for government classified work. For instance, it gets said that many govt. employees use or have personal email accounts, just like anyone else. But it doesn't stop there - they're not allowed to use personal accounts for certain government uses, especially classified. Hillary saying she never had classified on her personal server is just wrong anyway. As Sec State she by definition would be in the loop for classified. And well over 1k classified emails have now been found and not all the emails have yet been released to the FBI. The State Dept releases a certain amount monthly, something like that, as required by court ruling.

I think one way Hillary gets out of this is if the AG looks at it and determines that she didn't mean for anyone else to have access to the info. Different from Petraeus who let his biographer see the info. Still it's a hefty crime to be negligent in handling classified info but it could be that the AG will consider it a lesser issue. And I still say that some people who sent the info may be in some trouble regardless of the outcome for Hillary.

[The Brain]

State is a bizarre shithole when it comes to basic information security and/or Clinton is a complete retard or worse.

[mongers]

OK as a foreigner I've not really followed this story. From the headlines I'd assume she had a physical private server located in some cupboard or at least a virutal server, but is it actually that she accessed these emails from a personal laptop/pc/tablet or phone ?

If it's the latter then perhaps she's just been lazy and slapdash in the way she's carried on, though clearly she needs a stern telling off and a rap across the knuckles. 

The way some of the press as been reporting it, seems she was probably conspiring with foreign governments to bring down the USA by copying and planning to leak top secrets documents to foreign intelligence agencies.

[garbon]

It isn't allowed to use a personal server for government classified work. For instance, it gets said that many govt. employees use or have personal email accounts, just like anyone else. But it doesn't stop there - they're not allowed to use personal accounts for certain government uses, especially classified. Hillary saying she never had classified on her personal server is just wrong anyway. As Sec State she by definition would be in the loop for classified. And well over 1k classified emails have now been found and not all the emails have yet been released to the FBI. The State Dept releases a certain amount monthly, something like that, as required by court ruling.

I think one way Hillary gets out of this is if the AG looks at it and determines that she didn't mean for anyone else to have access to the info. Different from Petraeus who let his biographer see the info. Still it's a hefty crime to be negligent in handling classified info but it could be that the AG will consider it a lesser issue. And I still say that some people who sent the info may be in some trouble regardless of the outcome for Hillary.

http://mediamatters.org/research/2015/10/21/a-comprehensive-guide-to-myths-and-facts-about/206289#link15

FACT: Clinton's Use Of A Personal Email Account Was Legal And Did Not Violate State Department Policy

The National Law Journal: Clinton "Obeyed The Law."  In a March 9 article on Clinton emails, The National Law Journal explained that according to legal experts, Clinton "technically obeyed the law" with her use of email. The Journal explained:

"There's not any blanket prohibition on any federal employee from using a personal email account to conduct government business," said Potomac Law Group partner Neil Koslowe, a former Justice Department special litigation counsel who has worked on cases involving the Federal Records Act.

If it turns out that Clinton destroyed documents or mishandled classified information, that would be another story -- such violations can be criminal. However, the State Department has said there are "no indications" that Clinton improperly used her email for classified information.

The New York Times on March 2 reported that Clinton relied on her personal email account exclusively when she ran the State Department between 2009 and 2013, thwarting government record-keeping procedures.

National Archives and Records Administration regulations require emails to be "preserved in the appropriate agency recordkeeping system," but when Clinton was in government there was no specified deadline for turning them over.

In 2013, David Ferriero, who heads the archives, testified before the House Committee on Oversight and Government Reform that the agency "discourages the use of private email accounts to conduct federal business, but understands that there are situations where such use does occur."

Following that hearing, according to a statement from the archives, Congress amended the Federal Records Act and the Presidential Records Act in November 2014 -- 21 months after Clinton left government -- to "prohibit the use of private email accounts by government officials unless they copy or forward any such emails into their government account within 20 days."[The National Law Journal, 3/9/15]

CNN: State Department Rules Allowed Clinton To Use Private Account. Citing a State Department source, CNN reported that "Clinton was not automatically in violation of State Department policy when she exclusively used a private email during her four years as America's top diplomat." CNN further reported that 2005 guidelines insisting that employees use government-provided email "were filled with exemptions that could allow Clinton to use a private account." [CNN, 3/6/15]

So basically what Joan said. Definitely in violation of spirit but no, no indication that she was breaking policies, regulations or the law.

Certainly open question of why she did what she did but really I don't think we need the Fox News spin that you are providing.

[jimmy olsen]

While I am pretty sure the right is exaggerating this, at the same time I am stunned that Clinton would think it was ok to use a personal computer to engage in any kind of State department business. Obviously nearly everything she does has some level or another of either real or even just practical "classification" to it, her normal daily business is about how the highest level of the US government is run, and no matter what they formally classify, or do not classify, or whatever, it should pretty much ALL be controlled, encrypted, and the risks associated with her communication carefully understood and controlled. Which is simply not possible on her personal server.

If she was some flunky, she would be fired for this, without question I think.

Could you imagine a CIA analyst, for example, doing work related stuff on their personal computer, even if they assured everyone they don't do *classified" stuff on it, of course? Fuck that - they don't get to make those decisions, and neither does the Secretary of State.

This isn't, IMO, a deal breaker in regards to her candidacy, but it is certain;y a significant negative mark against her judgement.

I think I downplayed it a bit too much, but it is a lapse of judgement rather than anything nefarious.  The extent to which it was risky is the extent to which it was permitted under the existing rules.

A lapse in judgement is having one too many martinis and then backing the car into a light pole as you try to leave the parking lot. This was something that was purposely set up. A lot of thought went into it and it was done for a reason,  so she could control the communication records.

[viper37]

Are you saying she was not capable of preforming her job as Secretary of State? 

I doubt many people of her age did antyhing differently.  Ever brought work home from a government office?  That was likely illegal.

Tech wise, most government people aren't qualified at all, at every level, even programmers.

Given that the material considered top secret was revealed on the New York Times front page, I doubt that any would be hacker reading Miss Clinton's e-mail would have discovered something really threatening to US interests.

See, two weeks ago, we learn that a senior police officer from Montreal's police force carried an unencrypted USB key in his car containing confidential info, while attending end of year party.  We're talking stuff like investigation details and names of confidential informant.  We learnt of it because that date was stolen by thieves linked to Montreal's street gangs.  That was careless, that was stupid, and it was borderline criminal.  That's a kind of things that would, at the very least, warrant an immediate termination of employment.

If you tell me this is the kind of stuff Hillary used her personal e-mail account for, yes, I agree with you, she did not have the qualification to do her job.

Otherwise, we should bar anyone over 50 from working in superior government levels.

[Razgovory]

Not nearly as bad a lapse of of judgement as when she murdered Vince Foster!

Where are you trying to go Raz?  That the accusation that Hillary used an unauthorized private email server is a loony conspiracy theory?

You ever heard of the story, "Of the boy who cried wolf"?  We've had "scandals" about Hillary Clinton for two decades.  From murder (of multiple people!), to plotting a Marxist takeover, to killing Kathleen Willey's cat.  Why should we take this one particularly seriously?  Hell, the chairman of the Benghazi committee already admitted this was political and was quite pleased with himself about the whole thing.

Here's a list of "scandals" about Hilary Clinton that appears to be well sourced.

http://www.motherjones.com/politics/2014/06/hillary-clinton-conspiracy-theories

[MadImmortalMan]

So why was Clinton relying on her own jury-rigged server instead of the presumably regular in-house, spook-approved IT solution the rest of the US government uses to process classified emails?

Because sometimes the NIST requirements and federal restrictions are a pain in the ass and lots of whiners say "but I wanna use my iPad waaaaa". And you can't let them.

Well, apparently when Hillary says waaa she gets her own server.

[dps]

While I am pretty sure the right is exaggerating this, at the same time I am stunned that Clinton would think it was ok to use a personal computer to engage in any kind of State department business.

She's 68 years old.  Basically, the age of your moms/stepmoms.  How confortable are they with technology?  How would you rate their capacity to explain secure and unsecure on-line behavior?  The difference between various types of encryption?

My mom's 89, and by no means comfortable with technology.  But if she had a job and was given a work e-mail and told, "This is your work e-mail;  don't use it for personal messages and don't use your personal e-mail for work-related communications" she could handle that.

I don't think Hillary Clinton is too stupid to know the difference, either.  But that's one of only 3 possible explanations--either she's too stupid to know better, she did it for some nefarious purpose, or she just has the attitude that the rules don't apply to her.  Personally, unless I see some hard evidence otherwise, I'll just figure it's the last one.  You can pick which of the 3 you prefer.

[garbon]

While I am pretty sure the right is exaggerating this, at the same time I am stunned that Clinton would think it was ok to use a personal computer to engage in any kind of State department business.

She's 68 years old.  Basically, the age of your moms/stepmoms.  How confortable are they with technology?  How would you rate their capacity to explain secure and unsecure on-line behavior?  The difference between various types of encryption?

My mom's 89, and by no means comfortable with technology.  But if she had a job and was given a work e-mail and told, "This is your work e-mail;  don't use it for personal messages and don't use your personal e-mail for work-related communications" she could handle that.

I don't think Hillary Clinton is too stupid to know the difference, either.  But that's one of only 3 possible explanations--either she's too stupid to know better, she did it for some nefarious purpose, or she just has the attitude that the rules don't apply to her.  Personally, unless I see some hard evidence otherwise, I'll just figure it's the last one.  You can pick which of the 3 you prefer.

Odd that MIM posted a reason just above you that isn't in your set of 3. Sure it has some element of 'rules don't apply' but it is more like 'I can bend the rules here' and therefore less haughty than you put it.

[Admiral Yi]

Why should we take this one particularly seriously?

Well, to start, maybe because Hillary admitted it happened?

[Jaron]

She needs to be immediately arrested and tried for treason.

[Razgovory]

Why should we take this one particularly seriously?

Well, to start, maybe because Hillary admitted it happened?

And?

[11B4V]

Is this email server scandal finally going to gain real traction?

http://www.politico.com/story/2016/01/hillary-clinton-email-server-top-secret-217985

Clinton's server had classified material beyond "top secret"

By RACHAEL BADE and JOSH GERSTEIN 01/19/16 04:43 PM EST Updated 01/19/16 07:54 PM EST

Intelligence officials have discovered sensitive national security information on Hillary Clinton's server that goes beyond the "top secret" level, the intelligence community inspector general told lawmakers in a letter last week.

In a copy of the Jan. 14 correspondence obtained by POLITICO, Intelligence Community Inspector General I. Charles McCullough III told both the Senate Intelligence and Senate Foreign Relations committees that intelligence agencies found messages relating to what are known as "special access programs," or SAP. That's an even more restricted subcategory of sensitive compartmented information, or SCI, which is top secret national security information derived from sensitive intelligence sources.

"To date, I have received two sworn declarations from one [intelligence community agency]," the letter reads. "These declarations cover several dozen emails containing classified information determined by the [intelligence community agency] to be at the confidential, secret, and top secret/sap levels. According to the declarant, these documents contain information derived from classified [intelligence community agency]sources."

Fox News first reported the content of the letter.

The letter suggests that the universe of highly sensitive documents that passed through Clinton's unsecured server goes beyond what was previously known. During the Clinton email release process, State has designated more than 1,300 of Clinton's emails at the "confidential" level or beyond, though Clinton and State say none were marked classified at the time. Six of those have been flagged as "secret," a step below "top secret."

State and the intelligence community, however, have clashed over whether the content of at least two yet-to-be-released emails were at the highest classification level: "top secret." Those two emails actually triggered an ongoing FBI probe into the email matter over the summer, sources say.

Intelligence officials insist that both of those messages were "top secret" when they were sent and one remains so, while one is now considered "secret."

However, the emails now deemed to contain "top secret, special access program" information are in addition to the messages previously disputed between State and the Director of National Intelligence, according to a spokesperson for McCullough. The official said the intelligence community review group is wrapping up its look into the documents and is putting these documents in the SAP category.

The Central Intelligence Agency is the agency that provided the declarations about the classified programs, another U.S. official familiar with the situation told POLITICO Wednesday.

The official, who spoke on condition of anonymity, said some or all of the emails deemed to implicate "special access programs" related to U.S. drone strikes. Those who sent the emails were not involved in directing or approving the strikes, but responded to the fallout from them, the official said.

The information in the emails "was not obtained through a classified product, but is considered 'per se' classified" because it pertains to drones, the official added. The U.S. treats drone operations conducted by the CIA as classified, even though in a 2012 internet chat Presidential Barack Obama acknowledged U.S.-directed drone strikes in Pakistan.

The source noted that the intelligence community considers information about classified operations to be classified even if it appears in news reports or is apparent to eyewitnesses on the ground. For example, U.S. officials with security clearances have been warned not to access classified information leaked to WikiLeaks and published in the New York Times.

"Even though things are in the public domain, they still retain their classification level," the official said. "The ICIG maintains its position that it's still 'codeword' classified."

The State Department is likely to persist in its contention that some information the intelligence community claimed was "top secret" because it related to North Korean nuclear tests was actually the product of "parallel reporting" that did not rely on classified intelligence products and so should not be treated as highly classified, the official said.

However, State is set to acquiesce in the determinations regarding classified programs like drone strikes because there is a longstanding, government-wide consensus that such information must be treated as classified even if it leaks or becomes apparent from events on the ground, the official added.

The FBI, meanwhile, is still investigating whether Clinton's server put national security at risk and whether top State staffers sent around classified information via unclassified means, which is in many cases illegal.

"This is the same interagency dispute that has been playing out for months, and it does not change the fact that these emails were not classified at the time they were sent or received" said Clinton Campaign Spokesman Brian Fallon. "It is alarming that the intelligence community IG, working with Republicans in Congress, continues to selectively leak materials in order to resurface the same allegations and try to hurt Hillary Clinton's presidential campaign. The Justice Department's inquiry should be allowed to proceed without any further interference."

Just days ago, State released an email showing Clinton asking top policy staffer Jake Sullivan to send information that was slated to be transmitted on a secure fax machine over an unsecured fax because the secured machine was apparently broken. Republicans seized on the message, saying it suggested Clinton was playing fast and loose with classified contents.

It is unclear, however, if the content of the information slated to be faxed that day was indeed classified. And State later said they had no indication that the content in question was ever sent via non-secure means.

State Department spokesman John Kirby declined to comment on the latest inspector general's letter, but said State will protect any information determined to be classified.

"We are focused on—remain focused on releasing the rest of, the remainder of former Secretary Clinton's emails in a manner that protects sensitive information. ....Nobody's going to take that more seriously than we are," Kirby said Wednesday at a daily press briefing. "We've said repeatedly that we do anticipate more upgrades [of classification] in our release process and we've been very open and honest about those upgrades when they've occurred."

In the past, State has adamantly disputed the existence of any "top secret" information in the Clinton email records. However, Kirby appeared to soften that position Wednesday.

"Our FOIA review process is still ongoing and once that process is complete if it is determined that information should be classified as top secret then we'll do so, as we have consistently done throughout the process," he said.

Good. Maybe it will be trump/sanders race

[sbr]

A lapse in judgement is having one too many martinis and then backing the car into a light pole as you try to leave the parking lot.

Marti lost weight and got run over anyway?