For now, it's just a writer at PJ Media, but this is of course the real story that people do not understand. Most people have never dealt with classified information systems, and don't realize that the air gap exists. If they understood about the air gap, they would realize that there is no chance that these various Hillary defenses could possibly hold water.
I've been reflecting on it more since we last talked about it, and I think maybe the most likely case is that the Hillary State Department -- or at least her clique of advisers and aides, as well as non-DOS personnel from her faction like Sidney Blumenthal -- were just completely careless about classification. It's less likely that they downloaded or wrote down information from the TS system to transfer onto the private email server than that they summarized what they'd read on the TS systems in unclassified emails. Quite possibly she and they believed this was perfectly safe to do, as they controlled the server and were only talking to other members of the trusted in-group. The danger of hackers? We have a top-flight (at least very well-connected) IT firm to prevent that from being an issue. Classification rules? I slept through that briefing -- who cares about rules, rules, rules? We're the powerful.
In that case you wouldn't need a firewalled tie-in, nor a band of flunkies whose job it was to strip classification markings. There were none to strip, since the information was transferred across the air gap in your brain. This seems like the simplest explanation, provided that we discover no examples of actual classified documents in the email. We should expect, if this is right, only to see summaries of classified information in these private, unclassified emails.
From the perspective of the law, this makes no difference. The rule is that a document that contains classified information is classified, and if it was built out of another document or set of documents, the new document inherits the highest level of classification of any of the summarized documents. Thus, if I write an email to you about yoga and your daughter's wedding, and at the very end say: "PS: Did you see the column of tanks moving up on Benghazi this morning?" based on a satellite photo from the high side, the email I have just written now needs to be marked "TS // SI / TK // NOFORN" and cannot be sent on the unclassified system. Indeed, just because the computer will automatically save a draft of that information on the unclassified system while I am typing it up, just by typing it up and not sending it I have already committed the crime that Petraeus went down for (i.e., storing classified information in an unapproved location).
She's in real trouble, and sooner or later the reasons why will seep out into the public debate. Wiping the server will look more and more like destruction of evidence and obstruction of justice, as there's already enough to convict her of several felony counts in what they've found.
A careless, arrogant disregard for the rules fits everything I know about Hillary.
ReplyDeleteNow, will one of her underlings fall on her sword to save Hillary?
Underlings can't save her because (a) she is manifestly guilty of having trafficked in emails without proper classification markings on unclassified systems, (b) ignorance is no defense either under the law or given that she received specific training and cannot plead ignorance in any case, (c) many of the laws don't require intent, and (d) as Secretary of State, it was her overarching responsibility to ensure that these standards were being upheld.
ReplyDeleteThe only thing that can save her is if the government refuses to do its duty to enforce the law. Now that is quite possible, and in fact it's what we all really expect to prove to be the case. We all believe that the systems we have in place to uphold the law are corrupt and purely controlled by party politics.
It is also possible, however, that she'll pass a threshold at which she becomes an embarrassment to the party -- or worse, someone they are convinced will lose them the control over the levers of power that has become their main reason to be. At that point, they may elect to do their duty simply because it is to their advantage. Destroying her will clear the way for a candidate who can win, and send a message: be careful, because the Party will protect you only if you serve its interests.
It's true that I gravely doubt the government will do its job; I thought an underling taking a fall might help the government not do its job, but now that I think about it, maybe that would only draw more attention to the matter.
ReplyDeleteI wonder, how would Hillary get to that threshold? Sure, if the MSM picks it up and the general public gets the idea that she clearly broke the law, but what would cause the MSM to report that? Not reporting things at all, or reporting them Friday night at 2 a.m. when all sane people are listening to the blues and drinking bourbon, seems to be their modus operandi.
just because the computer will automatically save a draft of that information on the unclassified system while I am typing it up, just by typing it up and not sending it I have already committed the crime that Petraeus went down for
ReplyDeleteAnd you've classified your heretofore unclassified computer's hard drive.
A careless, arrogant disregard for the rules fits everything I know about Hillary.
I'm not convinced of careless, but arrogant certainly. She's already said, in so many words, that she is fully aware of the rules and requirements for handling classified information. Which also shows, in addition to her arrogant handling, that it was deliberate handling.
Now, will one of her underlings fall on her sword to save Hillary?
Will Anthony sell his wife down the river again, and encourage her to be the one? So he can be rid of her and/or win a spot in a Democrat administration?
I wonder, how would Hillary get to that threshold?
She never will. First, because the role and the office are her due; she'll not reach that threshold for the good of Party. Second, because she does not recognize that she's done anything wrong, only that some impertinent others decry what she's done. Party will have to drive her from the matter, perhaps with a ticket constructed of some combination of Sanders, Biden, and Warren. With Bill as SecState for a sop. (Gore for EPA?)
Eric Hines
The most likely scenario for the threshold is that the President and Joe Biden have a private talk, and Obama becomes convinced that Biden is now viable and will loyally guarantee his legacy if elected. He can pull the trigger on getting rid of Clinton whenever he wants: all he has to do is direct the Justice Department to arrest her and prosecute her to the fullest extent of the law. This is a great time to do it, because he can look sad and sound sincere about how disappointed he is that the Clinton he trusted failed to uphold her duties -- but the law, the law, the majestic law must be upheld no matter the stature of the offender.
ReplyDeleteShe's already said, in so many words, that she is fully aware of the rules and requirements for handling classified information.
ReplyDeleteRather than an admission, I took that as arrogance. I think she was probably texting Huma or playing Angry Birds during her classified documents training, but she'd never admit that she didn't know how it worked.
Grim, that makes sense. Biden or some other candidate. As soon as Obama drops the hammer on Clinton, the media will understand her gig is over and do its work.
ReplyDeleteAnd you've classified your heretofore unclassified computer's hard drive.
ReplyDeleteThat's true. You've screwed yourself, because you FSO now needs to come pull your computer's hard disk, and your server if it also receives saved drafts, the first time an autosave happens.
She's already said, in so many words, that she is fully aware of the rules and requirements for handling classified information.
ReplyDeleteRather than an admission, I took that as arrogance.
That may well be; however, she's asserted publicly that she knew the rules and requirements at the time of her deeds. That destroys any possible defense of it's someone else's fault: she knew better. She said so.
Eric Hines