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United States News
See other United States News Articles

Title: FBI recommends no charges against Clinton in email probe
Source: Politico
URL Source: http://www.politico.com/story/2016/ ... -clinton-in-email-probe-225102
Published: Jul 5, 2016
Author: Staff
Post Date: 2016-07-05 11:24:44 by redleghunter
Keywords: None
Views: 5530
Comments: 42

FBI Director James Comey announced that an investigation has uncovered that while Hillary Clinton “used several different” email servers and numerous devices during her time as secretary of state, the agency is not recommending the Justice Department bring charges against Clinton.

“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before deciding whether to bring charges,” Comey said.

Read more: http://www.politico.com/story/2016/07/fbi-recommends-no-charges-against-clinton-in-email-probe-225102#ixzz4DY3MXmnE Follow us: @politico on Twitter | Politico on Facebook

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Poster Comment:

The fix is in.

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Begin Trace Mode for Comment # 34.

#11. To: redleghunter (#0)

Well, Comey hardly had good words for her calling her actions as extremely careless. I can't see why that doesn't rate being grossly negligent which rates a criminal action.

I'm sure the overall message will be, it's over, let's just move on.

no gnu taxes  posted on  2016-07-05   12:26:47 ET  Reply   Untrace   Trace   Private Reply  


#17. To: no gnu taxes, tomder55, nolu chan (#11)

Well, Comey hardly had good words for her calling her actions as extremely careless. I can't see why that doesn't rate being grossly negligent which rates a criminal action.

I'm sure the overall message will be, it's over, let's just move on.

When I was active duty as a commissioned officer and if I violated security protocols for compartmentalized TS information, I would be in Leavenworth right now. It would not matter if I was 'sloppy' or 'did not know', I would be gone to the big house in Kansas.

I had a fellow LTC who served with me. He accidentally sent SECRET NOFORN (no foreign disclosure) to an allied section in Afghanistan. He realized his error, went to the allied fax in time to receive the data, purged the fax cache on both sides but still was officially reprimanded in writing; security clearance revoked; sent back home to the States in disgrace and issued a relief for cause evaluation report. They let him retire, but he will never get that clearance back and his job opportunities limited.

That is what happened to an officer with a stellar record, over 25 years in the Army who indeed made a mistake which investigators said did not compromise the NOFORN information. CID even opened an espionage investigation (he was cleared of that) as STANDARD procedure given the nature of the information involved and who was at the receiving end.

None of the above even a recommendation for Hitlery. At the MINIMUM she should have her security clearance revoked and not reissued. She has demonstrated she cannot safeguard classified information and should never be in a position handling highly sensitive information ever again.

redleghunter  posted on  2016-07-05   13:30:29 ET  Reply   Untrace   Trace   Private Reply  


#34. To: redleghunter, no gnu taxes, tomder55 (#17)

Of possible interest.

https://www.cadc.uscourts.gov/internet/opinions.nsf/75450CA390CB52C985257FE7005038BD/$file/15-5128-1622973.pdf

Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 15-5128 (D.C. Cir. 5 Jul 2016)

Excerpts

Because we agree with plaintiff-appellant that an agency cannot shield its records from search or disclosure under FOIA by the expedient of storing them in a private email account controlled by the agency head, we reverse the dismissal and remand the case for further proceedings.

[...]

Appellant Competitive Enterprise Institute (CEI), in October of 2013, submitted a FOIA request for “all policy/OSTP-related email sent to or from jholdren@whrc.org (including as cc: or bcc:).” J.A. at 35. The email address set forth in the FOIA request is a nonofficial account maintained by John Holdren, Director of OSTP, at Woods Hole Research Center.

[...]

At each stage of this litigation, appellee has argued that “[d]ocuments on a nongovernmental email server are outside the possession or control of federal agencies, and thus beyond the scope of FOIA.” Appellee’s Br. at 14. In pursuing that defense, appellee repeatedly refers to the email account as being “under the control” of the Woods Hole Research Center, a private entity. See, e.g., Appellee’s Br. at 6, 8. Appellant has consistently challenged the logic of the proposition that the director of an agency may place his work-related records beyond the reach of FOIA for the simple expedient of using a private email account rather than the official government communications system.

[...]

The agency’s claim before us simply makes little sense. That argument relies on the proposition that the emails in question are under the control of a private entity, not the government. That private entity is Woods Hole Research Center, apparently the owner of the “whrc.org” domain where Director Holdren of the OSTP maintains the account jholdren@whrc.org. While this specific fact is not addressed in the record, it is not apparent to us that the domain where an email account is maintained controls the emails therein to the exclusion of the user, in this case Director Holdren, who maintains the account. When one receives an email from John Doe at, for example, gmail.com, and replies thereto, the replier would be likely to think that message is going to John Doe, not gmail.com. Even so here.

If a department head can deprive the citizens of their right to know what his department is up to by the simple expedient of maintaining his departmental emails on an account in another domain, that purpose is hardly served. It would make as much sense to say that the department head could deprive requestors of hard-copy documents by leaving them in a file at his daughter’s house and then claiming that they are under her control.

nolu chan  posted on  2016-07-05   23:54:51 ET  Reply   Untrace   Trace   Private Reply  


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