Posted on Jan 21, 2016
Judge: These Are All the Charges Hillary Faces Over Private Emails
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What are the potential consequences for Hillary Clinton for using a personal email account during her time as secretary of state?
On Wednesday, the House Select Committee on Benghazi issued her a subpoena for all communications related to the investigation.
Judge Andrew Napolitano sat down with Martha MacCallum to go over the two potential criminal investigations that the former First Lady could face.
1. The less serious possibility is an investigation similar to what was brought against Gen. David Petraeus, who pleaded guilty this week for keeping classified documents in an unsecured location. The judge explained that in Mrs. Clinton’s case, she kept classified secrets on a home server that was not secured by the government. Napolitano said there’s no way Clinton did not have classified material on her home server, since she held the same security clearance as the president. That would only be a misdemeanor charge, however.
2. Napolitano said the far more serious charge would be a conspiracy to “conceal documents from government computers,” which carries a penalty of three years in jail per document. A conviction on that charge would disqualify her from holding public office again.
On Wednesday, the House Select Committee on Benghazi issued her a subpoena for all communications related to the investigation.
Judge Andrew Napolitano sat down with Martha MacCallum to go over the two potential criminal investigations that the former First Lady could face.
1. The less serious possibility is an investigation similar to what was brought against Gen. David Petraeus, who pleaded guilty this week for keeping classified documents in an unsecured location. The judge explained that in Mrs. Clinton’s case, she kept classified secrets on a home server that was not secured by the government. Napolitano said there’s no way Clinton did not have classified material on her home server, since she held the same security clearance as the president. That would only be a misdemeanor charge, however.
2. Napolitano said the far more serious charge would be a conspiracy to “conceal documents from government computers,” which carries a penalty of three years in jail per document. A conviction on that charge would disqualify her from holding public office again.
Judge: These Are All the Charges Hillary Faces Over Private Emails
Posted from thefederalistpapers.org
Politics
Law
Posted >1 y ago
Responses: 9
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If I did that while I was in the military, would not matter if it was #1 or #2....I would be HUNG and my military career would be done. Her political career needs to be done.
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If anyone is interested: It's difficult to find an all inclusive summary of the laws which Hillary may have violated. I haven't found an article or source which lists them all.
Federal Laws Which May Have Been Violated
1. Mishandling Classified Information
Executive Order 13526 and 18 U.S.C Sec. 793(f) of the federal code make it unlawful to send of store classified information on personal email. “‘By using a private email system, Secretary Clinton violated the Federal Records Act and the State Department’s Foreign Affairs Manual regarding records management, and worse, could have left classified and top secret documents vulnerable to cyber attack,’
2. Violation of The 2009 Federal Records Act
Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements states that: “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 record keeping system.”
3. Violation of the Freedom Of Information Act (FOIA)
Hillary's system was designed to defy the Freedom of Information Act requests, which shows a probably intent to defy the law.
4. 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information: willfully transmitting, receiving and retaining Top Secret and Compartmented (TS/SCI) material using a private server system.
5. U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
6. 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally. Transferring and holding the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians.
7. 18 U.S. Code § 641 – Public money, property or records. The conversion of official records (whether classified or not) to the accused’s exclusive use.
8. 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committee. The accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress.
9. 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation.
10. 18 U.S. Code § 1031 — Fraud against the United States, 18 U.S. Code § 1343 – Fraud by wire, radio or television, 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”, 18 U.S. Code § 371 – Conspiracy to defraud the United States The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. (Specifically did the accused arrange for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud.
11. 18 U.S. Code § 371 – Conspiracy to commit a federal offense (If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.)
12. U.S. Code § 3106 Unlawful removal, destruction of recordsSources:The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing or destruction of records in the custody of the agency of which he is the head that shall come to his attention and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records...
13. Executive Order 13526 - Classified National Security Information
http://www.law.cornell.edu, Independent Journal, The Daily Caller, Daily KOS
LTC (Join to see) LTC (Join to see) MSG Tom Earley Maj Chris Nelson MAJ (Join to see) SSG (Join to see) SGM David W. Carr LOM, DMSM MP SGT LTC Yinon Weiss
Federal Laws Which May Have Been Violated
1. Mishandling Classified Information
Executive Order 13526 and 18 U.S.C Sec. 793(f) of the federal code make it unlawful to send of store classified information on personal email. “‘By using a private email system, Secretary Clinton violated the Federal Records Act and the State Department’s Foreign Affairs Manual regarding records management, and worse, could have left classified and top secret documents vulnerable to cyber attack,’
2. Violation of The 2009 Federal Records Act
Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements states that: “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 record keeping system.”
3. Violation of the Freedom Of Information Act (FOIA)
Hillary's system was designed to defy the Freedom of Information Act requests, which shows a probably intent to defy the law.
4. 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information: willfully transmitting, receiving and retaining Top Secret and Compartmented (TS/SCI) material using a private server system.
5. U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
6. 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally. Transferring and holding the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians.
7. 18 U.S. Code § 641 – Public money, property or records. The conversion of official records (whether classified or not) to the accused’s exclusive use.
8. 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committee. The accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress.
9. 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation.
10. 18 U.S. Code § 1031 — Fraud against the United States, 18 U.S. Code § 1343 – Fraud by wire, radio or television, 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”, 18 U.S. Code § 371 – Conspiracy to defraud the United States The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. (Specifically did the accused arrange for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud.
11. 18 U.S. Code § 371 – Conspiracy to commit a federal offense (If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.)
12. U.S. Code § 3106 Unlawful removal, destruction of recordsSources:The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing or destruction of records in the custody of the agency of which he is the head that shall come to his attention and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records...
13. Executive Order 13526 - Classified National Security Information
http://www.law.cornell.edu, Independent Journal, The Daily Caller, Daily KOS
LTC (Join to see) LTC (Join to see) MSG Tom Earley Maj Chris Nelson MAJ (Join to see) SSG (Join to see) SGM David W. Carr LOM, DMSM MP SGT LTC Yinon Weiss
We are a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. We carry out this vision by:
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LTC (Join to see)
CPT (Join to see) I scour sources on subjects of interest to get different perspectives on issues and as an old friend said, always go to the source to get the real facts. Unfortunately too many people take the slanted view from a single source and defend it like its gospel. I am amazed, have people forgotten how to think?
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SGT Jeremiah B.
CPT (Join to see) - Yeah, that wasn't the clearest wording. In short, I don't think it has anything to do with moral outrage. This is all about who gets the presidency in 2016.
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CPT (Join to see)
SGT Jeremiah B. - I agree with that in part - I'd say it may be who gets the nomination. (Pulling straws).
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I wonder if there is a way for RP to create a consolidated Hillary thread so that everytime Fox news or some other right wing site speculates on hypothetical Hillary email crimes and charges, it could be noted and discussed in the same thread. There seems to be several of these Hilary threads going, and they don't appear to get merged, since they usually start off with a different link. But the topic is the same, so it would help to be able to get all the comments together. It sort of feels like Ground Hog Day with the email threads
CPT (Join to see) SSG Carlos Madden
CPT (Join to see) SSG Carlos Madden
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CPT (Join to see)
LTC (Join to see) I understand your frustration and I've thought about that with some discussions even this one. I think if you want to discuss this topic you should make a separate thread about it so you will have many more people who will give their input on it, within this thread it's hidden so to speak.
I posted this because it is different than the other threads it is a discussion about the charges she should face and not a whining session about how she's getting away with things no mere mortal man would. There are cases within the military which I could cite to make the point, I'm sure you are aware of them. I hope you will join in the discussion with input on the specific charges she is facing.
I posted this because it is different than the other threads it is a discussion about the charges she should face and not a whining session about how she's getting away with things no mere mortal man would. There are cases within the military which I could cite to make the point, I'm sure you are aware of them. I hope you will join in the discussion with input on the specific charges she is facing.
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CPT (Join to see)
CPT Jack Durish -I posted this because it is different than the other threads it is a discussion about the charges she should face and not a whining session about how she's getting away with things no mere mortal man would. There are cases within the military which I could cite to make the point, I'm sure you are aware of them. I hope you will join in the discussion with input on the specific charges she is facing.
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LTC (Join to see)
MSG Tom Earley - actually, if you click on the Fox News link in the article where they quote the judge, it takes you to a webpage from March 2015, 10 months ago. This particular speculation is not recent nor released from the government. It's just a Fox news commentator taking his best guess.
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