Ms Clinton and Classified Materials

For John, BLUF:  Just think about what it will be like when she is signing the Executive Orders.  Nothing to see here; just move along.

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Over on Facebook, Ms Lynne Lupien posted this article with the lead in of "But we all know facts don't matter…":

FBI to GOP: For the last time, Hillary’s ‘extreme carelessness’ does not mean ‘gross negligence’

The reporter is Sky Palma and the publication is Dead State.

This was based on a Tuesday letter from FBI Assistant Director James V. Herring to the Chairman of the House Oversight and Government Reform Committee, Rep. Jason Chaffetz (GOP), and the ranking minority member, Rep. Elijah Cummings (Dem). Here is the passage from the article, meant to minimize what was done:

As the director stated, the FBI did find evidence that Secretary Clinton and her colleagues were extremely careless in their handling of certain, very sensitive, highly classified information,” the letter said. “The term ‘extremely careless’ was intended to be a common sense way of describing the actions of Secretary Clinton and her colleagues.

I think that is exactly correct.  Secretary Clinton and her colleagues were extremely careless in their handling of certain, very sensitive, highly classified information. So, what is the point?  It surely is not that Ms Clinton sent classified information.  It is that she ignored the written rules from the President and did what she thought was right and proper, or necessary for her convenience.

Executive Order 13526 of December 29, 2009, "Classified National Security Information", lays out the rules for classification of information, protection of the information and its declassification.

Based upon past understanding [and EO 13526, Sec 1.3 (a) (2)], the Secretary of State has original classification authority.  So, if the United States is in negotiations with Lower Slabbovia over certain landing rights for aircraft engaged in supporting military operations in Afghanistan or Iraq, the Secretary of Stzte could classify the fact of and contents of the negotiations as TOP SECRET, perhaps because the Government of Lower Slobbovia wanted it that way.  In a way she is her own boss.

But, there is that extreme carelessness thing hanging out there.

There is this little item:

Sec. 5.4. General Responsibilities.
Heads of agencies that originate or handle classified information shall:
(a) demonstrate personal commitment and commit senior management to the successful implementation of the program established under this order;

Well, there is that.

And,

(c) ensure that agency records systems are designed and maintained to optimize the appropriate sharing and safeguarding of classified information, and to facilitate its declassification under the terms of this order when it no longer meets the standards for continued classification;

Of course facts matter.

So, once again, the fact is that Ms Clinton was not indicted.  The other fact is that she became a law unto herself as Secretary of State.

So, she was "extremely careless in … handling of certain, very sensitive, highly classified information".  Not indictable, but surely worthy of consideration at the Voting Booth.

Regards  —  Cliff