Democratic presidential candidate Hillary Clinton is under an on-going intense FBI investigation from the FBI regarding her use of a private email server and the sending of either classified and unclassified material from aids that were under her watch with the State Department while Secretary of State under the Obama administration.
Hillary denied having sent classified emails from her private server while she was secretary of state. Clinton has said that “I did not send classified material, and I did not receive any material that was marked or designated classified”. Clinton seized on the fact that only three documents of the tens of thousands she turned over were actually marked classified. She also stated that at least two of them were marked inaccurately, the result of human error. She also stated did not know “C” meant classified. Hillary previously stated, “I did not email any classified material to anyone on my emails. There is no classified material, so I am certainly well aware of the classification requirements, and did not send classified material.”
Seven email chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending emails about those matters and receiving emails from others about the same matters.
There was classified information on Hillary’s server. From the group of 30,000 emails returned to the State Department, 110 emails in 52 email chains have been determined to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained information that was secret at the time; and eight contained confidential information in nature. Separate from those, about 2,000 additional emails were classified to make them confidential.
The FBI also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on email. None of these emails should have been on any kind of unclassified system, but their presence is especially concerning because all of these emails were on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government.
Hillary knew about the marking of classified information. If information is not marked “classified” in an email, as the secretary of state, Clinton should know that classified is an obligated to protect it.
There is evidence to support a conclusion that any reasonable person in secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation by either her, her staff or aids under her watch.
Hillary Clinton’s actions of maintaining a private email server were in direct conflict with U.S. government policy and violates 18 U.S. § 2071 – Concealment, removal, or mutilation generally:
(A) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(B) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
Hillary Clinton, by law, is not fit to hold office in the White House as the President of the United States.