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Hillary's Indictments - To Go Public?

Mike

Well-known member
Feds fight disclosure of Hillary Clinton Whitewater indictment drafts

By Josh Gerstein
| 02/03/16 05:33 PM EST


The National Archives is fighting a lawsuit trying to force disclosure of several draft indictments of Hillary Clinton prepared by a Whitewater prosecutor in the 1990s.

In a brief filed late Tuesday, Justice Department lawyers and the Archives argue that disclosure of the draft indictments would lead to an unwarranted invasion of Clinton's privacy and violate a court rule protecting grand jury secrecy.

"Despite the role that Mrs. Clinton occupied as the First Lady during President Clinton's administration, Mrs. Clinton maintains a strong privacy interest in not having information about her from the files of the Independent Counsel disclosed," wrote Martha Wagner Murphy, chief of the Archives "special access" branch that stores records of former independent counsels. "As an uncharged person, Hillary Rodham Clinton retains a significant interest in her personal privacy despite any status as a public figure."

The conservative group Judicial Watch, which filed suit for the records in October under the Freedom of Information Act, is arguing that Clinton's ongoing bid for the presidency reinforces the public interest in records about her alleged misconduct.

"She's one of the most well-known women in the world, seeking the office of the presidency and her privacy interests outweigh the public interest in knowing what's in that indictment? It's absurd and it's shameful that the administration is proposing this," Judicial Watch President Tom Fitton said in an interview. "This is a political decision to protect her candidacy—because it is laughable, legally."

The Archives and Justice Department were dismissive about the impact of Clinton's presidential bid on public access to the records.

"While there may be a scintilla of public interest in these documents since Mrs. Clinton is presently a Democratic presidential candidate, that fact alone is not a cognizable public interest alone under FOIA, as disclosure of the draft indictments would not shed light on what the government is up to," Murphy wrote.

"Her interest in avoiding disclosure of the drafts is not diminished by the fact that she is a former public official who is running for President," Justice Department lawyers added in their brief.

Law enforcement records about living people who did not face charges in criminal investigations normally are not released under FOIA, or the names are sanitized from the records before they're published. However, sometimes judges have ordered the release of such records in cases involving public officials.

Despite the usual practice, though, the Archives has released fairly detailed information about the independent counsel's focus on Hillary Clinton. Just last week, Judicial Watch announced it had received 246 pages of records describing the crimes some prosecutors believed were committed in connection with the Whitewater land deal and related matters. Some of the memos are from the "HRC Team" in the counsel's office—apparently a team focused on Clinton. One discusses the jury appeal or lack thereof of a case based solely on circumstantial evidence. One prosecutor put the chance of a conviction for Clinton at 10 percent.

It's not clear from the government's court filings why the draft indictments would be more sensitive than that kind of analysis, but the new submissions do argue that the drafts are covered by grand jury secrecy. In its initial response to Judicial Watch, the Archives relied solely on Clinton's privacy (and that of others) and did not mention the grand jury secrecy issue. But the brief filed Tuesday contends the drafts would provide insight into the grand jury's activities by revealing the identities of witnesses and that they quote from grand jury testimony.

Fitton said that "if Mrs. Clinton was being truly transparent," she would provide a privacy waiver that could ease release of the records.

Spokesmen for the Clinton campaign did not respond to a request for comment on the legal filings.


Read more: http://www.politico.com/blogs/under-the-radar/2016/02/feds-fight-disclosure-of-hillary-clinton-whitewater-indictment-drafts-218681#ixzz3zA8siadG
 

Traveler

Well-known member
Don't hold your breath, but maybe some of the younger voters, who don't seem to like her anyway, will be made aware of more of her scandals just because of the effort.
 

Traveler

Well-known member
Hillary Clinton said she supports a moratorium on the extraction of fossil fuels from federal land.

http://www.usatoday.com/story/news/politics/onpolitics/2016/02/05/clinton-halt-fuel-extraction-fed-land/79888812/


"I would support a moratorium because there are legal issues we have to work through," Clinton said in a video posted to 350 Action.

How appropriate.
 

Steve

Well-known member
"I would support a moratorium because there are legal issues we have to work through," Clinton said in a video posted to 350 Action.

I suppose hefty donations are usually "legal issues" for the clintons'... so how can you fault her for telling the truth once?
 

Traveler

Well-known member
:shock:
EXCLUSIVE: A senior Hillary Clinton aide has maintained her top secret security clearance despite sending information now deemed classified to the Clinton Foundation and to then-Secretary of State Clinton's private unsecured email account, according to congressional letters obtained by Fox News.

Current and former intelligence officials say it is standard practice to suspend a clearance pending the outcome of an investigation. Yet in the case of Cheryl Mills, Clinton’s former chief of staff at the State Department, two letters indicate this practice is not being followed -- even as the Clinton email system remains the subject of an FBI investigation.

Read more.

http://www.foxnews.com/politics/2016/02/29/senior-clinton-aide-maintained-top-secret-clearance-amid-email-probe-letters-show.html?intcmp=hpbt3#
 

Traveler

Well-known member
7:15 to 15:00 re. Hillary. She sort of resembles a road block. Brett Baier interviews Loretta Lynch.

http://video.foxnews.com/v/4780269874001
 

Brad S

Well-known member
Joke's on us Mike. Her recipients will vote for their entitlements without regard to criminal behavior. Then Barry pardons the witch.
 

iwannabeacowboy

Well-known member
WHAT ALL AMERICANS NEED TO KNOW ABOUT HILLARY CLINTON’S ALLEGED SAP COMPROMISE--MAJ ED COET, USA (RET)

[COURTESY: CAPT Les Horn, USN (Ret)]

My name is Ed Coet. I am a retired US Army Intelligence Officer. In my last job in the army I was the Chief of the Human Intelligence Branch for the US European Command in Stuttgart, Germany. In that capacity I was also the Designated Program Manager for a Special Access Program (SAP) like the SAP that Hillary Clinton is alleged to have compromised in the most recent State Department Inspector General report to congress and which has been widely reported in the news. Here is what I personally know about SAP’s and what I can attest to in an unclassified forum:

1. The names of each SAP are themselves classified Top Secret because the information within the SAP are far and above Top Secret.

2. SAP’s are so sensitive that even people who have security clearances giving them access to Top Secret Sensitive Compartment Information (TS SCI), an enormously high security clearance level, cannot have accesses to a SAP’s unless they receive a special indoctrination into the SAP based on an operational “must know” that exceeds all other “need to know” standards.

3. Being “read on” for a SAP is far more then acknowledging in writing that you have been briefed on the SAP. It is an in-depth “indoctrination” into the given SAP, and each SAP is itself compartmented separately from other SAPS. Having access to one SAP does not give you access to another SAP, and in fact rarely does. Only a tiny handful of people have knowledge of all SAP’s. SAP’s are the most stringently compartmented and protected information in the entire US government.

4. Unlike Top Secret SCI which is maintained in highly secure Sensitive Compartmented Information Facilitates (SCIF’s) managed by specially trained Special Security Officers (SSO’s) at various levels of command, every single SAP is managed by an individually designated Program Manager for each individual SAP covering an entire theater of operations. In other words, SAP Program Managers are far fewer in number than there is SSO’s. SSO’s are not cleared to even know about SAP’s or to maintain information about them in their already enormously secure SCIF’s. How SAP’s are secured cannot be discussed because of the sensitive beyond Top Secret nature in which it is done.

5. Unlike individuals with the highest Top Secret SCI access security clearances, who must undergo a special background information with periodic “bring-up” background investigation, those tiny few who have access to SAP’s must also endure periodic polygraph tests in addition to the most comprehensive of special background investigations. I used to have to schedule four-star generals and admirals to be polygraphed in order for them to maintain their access to my SAP. Many generals and admirals who obviously have the highest security clearances still did not rate being indoctrinated into my SAP. In fact, they didn’t even know the SAP existed.

6. Compromise of a SAP is the single most dangerous security violation that can ever happen to the USA. Even the enormously damaging revelations of the Edward Snowden’s TOP Secret SCI security compromise does not reach the level of a SAP compromise.

7. To put SAP information in to an unsecure sever like Hillary Clinton’s unsecure server is a class one felony that could, in some cases, result in life in prison. That is because such a compromise is so dangerous that it could and likely will result in the death of people protected by and within the scope of the SAP.

As a former SAP Program Manager I believe it is inconceivable that if it is verified that Hillary Clinton’s server actually had SAP information on it that she could possibly escape indictment and criminal prosecution. As hard as it is to imagine, that would even be worse then electing to not prosecute a mass murdering serial killer because even they could not inflict as much damage on our country as the compromise of a SAP. Compromise of a SAP not only could -- but without doubt would -- cause serious damage to our national security.

If it is true that Hillary Clinton had SAP information on her unsecure server, whether it was marked or not, you can be sure that the FBI will strongly recommend that charges be brought against Hillary Clinton and continue in an exhaustive investigation to trace back to every single person that had even the tiniest role in this unbelievable security compromise.

If the Attorney General, through “prosecutorial discretion,” elected not to prosecute this crime, I believe congress would have no alternative but to impeach her, and the FBI would then have no choice but to conduct a criminal investigation of her for a deliberate cover up –- so grave is this security violation.

If President Obama were to pardon Hillary Clinton for a compromise of this magnitude he would render himself in the historical record as an “enemy of the state,” and could himself face criminal prosecution –- so grave is such a security compromise. Nobody, not even the POTUS could gets away with something like this in our system of government. If anyone could escape persecution for compromising a SAP, we are deep trouble as a nation. No president who loves this country and is true to his oath would ever allow anyone, not even his or her closest and most loved relative, to get away with a SAP compromise. It is simply unimaginable that this could ever happen.

If the ongoing investigation finds that Hillary Clinton compromised a SAP, then we all should know with certainty, regardless of political persuasion, that she is entirely unfit to hold public office of any kind let alone President of the USA -- and ALL Americans should never tolerate it. Compromising a SAP is an absolute “disqualifier” for public office and access to our nations most sensitive information - period.

ED COET

Major, US Army (Retired)


I guess this guy didn't get the memo that we are post constitutional now.
 

Traveler

Well-known member
Bryan Pagliano, who set up the server and pleaded the fifth, is granted immunity to testify.

http://video.foxnews.com/v/4783802817001
 

Mike

Well-known member
Which means that Pagliano knows without a doubt that that Hillary will throw him to the wolves in order to save herself.

I expect that Huma & Cheryl Mills will be asking for immunity pretty soon.......................if they haven't already.
 

Mike

Well-known member
EXCLUSIVE: The FBI is investigating whether computer passwords were shared among Hillary Clinton's close aides to determine how sensitive intelligence "jumped the gap" between the classified systems and Clinton's unsecured personal server, according to an intelligence source familiar with the probe.

The source emphasized to Fox News that “if [Clinton] was allowing other people to use her passwords, that is a big problem.” The Foreign Service Officers Manual prohibits the sharing of passwords.

Such passwords are required to access each State Department network. This includes the network for highly classified intelligence -- known as SCI or Sensitive Compartmented Information -- and the unclassified system, known as SBU or Sensitive But Unclassified, according to former State Department employees.

Fox News was told there are several potential scenarios for how classified information got onto Clinton’s server:
•Reading intelligence reports or briefings, and then summarizing the findings in emails sent on Clinton's unsecured personal server.
•Accessing the classified intelligence computer network, and then lifting sections by typing them verbatim into a device such as an iPad or BlackBerry.
•Taking pictures of a computer screen to capture the intelligence.
•Using a thumb drive or disk to physically move the intelligence, but this would require access to a data center. It’s unclear whether Clinton’s former IT specialist Bryan Pagliano, who as first reported by The Washington Post has reached an immunity deal with the Justice Department, or others had sufficient administrator privileges to physically transfer data.

Most of these scenarios would require a password. And all of these practices would be strictly prohibited under non-disclosure agreements signed by Clinton and others, and federal law.

It remains unclear who had access to which computers and devices used by Clinton while she was secretary of state and where exactly they were located at the time of the email correspondence. Clinton signed her NDA agreement on Jan. 22, 2009 shortly before she was sworn in as secretary of state.

The intelligence source said the ongoing FBI investigation is progressing in "fits and starts" but bureau agents have refined a list of individuals who will be questioned about their direct handling of the emails, with a focus on how classified information jumped the gap between classified systems and briefings to Clinton's unsecured personal email account used for government business.

Fox News was told the agents involved are “not political appointees but top notch agents with decades of experience.”

A separate source said the list of individuals is relatively small -- about a dozen, among them Clinton aide Jake Sullivan, who was described as "pivotal" because he forwarded so many emails to Clinton. His exchanges, now deemed to contain highly classified information, included one email which referred to human spying, or "HCS-O," and included former Clinton aide Huma Abedin.

As Fox News first reported last year, two emails -- one sent by Abedin that included classified information about the 2011 movement of Libyan troops during the revolution, and a second sent by Sullivan that contained law enforcement information about the FBI investigation in the 2012 Benghazi terrorist attack – kick-started the FBI probe.

Testifying to Congress Tuesday about encryption, FBI Director James Comey also was asked about the Clinton investigation. He responded that he is “very close personally” to the case “to ensure that we have the resources we need including people and technology and that it's done the way the FBI tries to do all of its work: independently, competently and promptly. That's our goal and I'm confident it's being done that way."

Earlier this week when she was asked if Clinton has been interviewed by the FBI, Attorney General Loretta Lynch insisted to Fox News’ Bret Baier “that no one outside of DOJ has been briefed on this or any other case. That’s not our policy and it has not happened in this matter.”

Fox News also has learned the State Department cannot touch the security clearance of top aides connected to the case without contacting the FBI, because agents plan to directly question individuals about their handling of the emails containing classified information, and they will need active clearances to be questioned.

While it is standard practice to suspend a security clearance pending the outcome of an investigation, Fox News reported Monday that Clinton’s chief of staff at State, Cheryl Mills, who is also an attorney, maintains her top secret clearance. Mills was involved in the decisions as to which emails to keep and which to delete from the server.

At a press briefing Monday, Fox News pressed the State Department on whether this represented a double standard, or whether the clearances are in place at the direction of the FBI.

“This issue is under several reviews and investigations. I won't speak for other agencies that may be involved in reviews and investigations,” spokesman John Kirby said. “Clearly we are going to cooperate to the degree that we need to."



Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.
 
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