Documenting the Crimes

ORIGINALLY POSTED AS A FACEBOOK NOTE ON MAY 14, 2016

Hillary Clinton had Secret or above documents on an unsecured private email server.

Hillary Clinton had at least 22 documents on her server that had information classified as Top Secret or above. (fn1) Her argument that the reclassification was over-classification run amok might hold water for one or two emails, but at 22 it is laughable.

Here’s what we know (fn2) about the server’s configuration (fn3): 
• Outlook Web Access, or OWA, was running on port 80 without SSL (unencrypted). 
• Remote Desktop Protocol, port 3389, was exposed through the DMZ (open to anyone on the internet.) (fn4) This, at the time it was being used, was open to critical vulnerabilities that would allow for remote execution of code. (fn5) 
• VNC Remote Desktop, port 5900, was also exposed through the DMZ. (fn6) 
• SSL VPN used a self-signed certificate.(fn7) This isn’t inherently bad, but left them open for “spearphishing” attacks, which have already been confirmed to be received by Hillary Clinton and her staff. (fn8) 
For those of you not fluent in Nerdspeak, this means the email on the server was wide open to known security problems and just waiting to be hacked. Michael Hayden is a retired United States Air Force four-star general and former Director of the National Security Agency, Principal Deputy Director of National Intelligence, and Director of the Central Intelligence Agency. He says, “I would lose respect for scores of foreign intelligence services around the world if they were not already thumbing through all the emails that were kept on that server.” (fn9)

Per 18 USC 793: (f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer — Shall be fined under this title or imprisoned not more than ten years, or both. [Emphasis added.]

NOTE THE FOLLOWING: 
• Nowhere does the statute require any marking stating the information is classified. 
• Per (f)(1), it does not require intent. 
• Just being on Hillary’s unsecured private server means that they were removed from their proper place of custody. 
• This is a ten year federal felony.

Why did Secretary Clinton so blatantly violate the law?

There is much speculation as to why Secretary Clinton would so blatantly violate the law. Rather than just speculate, let’s look at the record. 
• [O]n November 18, 2014, the Committee sent a request for documents to the State Department, including seeking emails to and from Secretary Clinton and her senior staff. (fn10) 
• On January 27, 2015, both the State Department and CIA testified publicly about their agencies’ cooperation with the Committee… The State Department, as a result of the hearing, pledged to provide the Committee with the former Secretary’s emails in a timely manner. (fn11) 
• On February 13, 2015, the State Department produced nearly 850 pages of roughly 300 emails to and from the former Secretary pertaining to Benghazi. The production was significant in that every one of the emails produced came from Secretary Clinton’s private email account. (fn12)

In other words, Secretary Clinton knew as early as November of 2014 that the Committee was asking for her emails. Yet she did not inform them of her private server. That would arguably qualify as a violation of 18 USC 1512: (c) Whoever corruptly — (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

Obviously it would be necessary to prove intent, but what reasonable excuse could she offer for not producing the requested documents.

And when she finally did turn over her server, she had erased about 30,000 emails. (fn13) That is arguably a violation of 18 USC 1519: Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Since Hillary says that she deleted only personal emails, there is no question that she knowingly deleted them. This would unquestionably qualify as altering, destroying, mutilating, or concealing. The only question is whether or not she intended to impede, obstruct, or influence the investigation. The recovered emails may exonerate her. On the other hand, they may force her to answer some very serious questions.

But wait, there’s more…

This note is documentation regarding the emails and security violations. The FBI, per documents filed by the DoJ, in the U.S. District Court for the District of Columbia, is involved in enforcement proceedings on at least one other matter involving Hillary’s emails. (fn14, fn15) Inasmuch as the reason and subject(s) of that investigation were only disclosed to the court in camera, ex parte, we cannot provide documentation for those possible violations.

Footnotes: 
1) http://www.nytimes.com/2016/01/30/us/politics/22-clinton-emails-deemed-too-classified-to-be-made-public.html
2) https://www.reddit.com/r/politics/comments/4j1nyf/the_kremlin_is_considering_whether_or_not_to/d32yp6f
3) https://www.venafi.com/blog/post/what-venafi-trustnet-tells-us-about-the-clinton-email-server
4) http://www.theregister.co.uk/2015/10/14/hillarys_sysadmin_next_to_the_pillory/
5) https://technet.microsoft.com/library/security/ms12-020
6) http://www.theregister.co.uk/2015/10/14/hillarys_sysadmin_next_to_the_pillory/ 
7) http://gawker.com/how-unsafe-was-hillary-clintons-secret-staff-email-syst-1689393042
8) http://www.thedailybeast.com/articles/2015/03/07/hillary-s-secret-email-was-a-cyberspy-s-dream-weapon.html 
9) https://youtu.be/EqyIAl7RibE
10) http://benghazi.house.gov/sites/republicans.benghazi.house.gov/files/Interim%20Progress%20Update%2005-08-15.pdf
11) ibid. page 5 
12) ibid. page 7 
13) http://www.cbsnews.com/news/report-fbi-pulls-deleted-emails-from-hillary-clintons-server/
fn14) https://medium.com/@mcgeo52/just-got-real-and-real-interesting-39b65ec3994#.aogp2sxal
fn15) https://medium.com/@mcgeo52/interestinger-and-interestinger-1607bfa495c9#.pu25rp8ap

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