State Dept jumped through “quite unusual” hoops to allow Hillary attorney to keep classified info

posted at 10:41 am on January 15, 2016 by Ed Morrissey

Normally, anyone storing classified material in unauthorized and unsecure facilities would face charges. When the State Department first discovered that Hillary Clinton’s secret e-mail system contained such information, Patrick Kennedy requested that her attorney, David Kendall, destroy all copies of the files in his possession. Kendall refused, and in a “quite unusual” move, the State Department instead tried to accommodate his possession of classified material by supplying him with a secure safe, according to The Daily Beast’s Shane Harris and Tim Mak:

Newly released documents, obtained by The Daily Beast in coordination with the James Madison Project under the Freedom of Information Act, include legal correspondence and internal State Department communications about Clinton’s emails. Those documents provide new details about how officials tried to accommodate the former secretary of state and presidential candidate.

In May 2015, a senior State Department official informed Clinton’s lawyer, David Kendall, that government reviewers had found at least one classified email among the messages she sent using a private account, which she used exclusively while in office. That email was only part of the “first tranche” of the review, a State Department employee noted at the time, leaving open the possibility that more classified information would be found, which it was.

Patrick F. Kennedy, the undersecretary of state for management, who had worked under Clinton, asked Kendall to delete all electronic copies of the message in his possession. (Copies were sent to the State Department.)

But Kendall resisted, saying he needed a full record of his own of the 55,000 pages of emails Clinton had sent, in order to respond to information requests from a House committee investigating the 2012 attacks on U.S. officials in Benghazi, Libya, and from the inspectors general of the State Department and the intelligence agencies.

So then the State Department sent the FBI to seize the files, right? Not exactly:

There is no indication that Kennedy, who oversees physical and information security for the State Department, protested the private lawyer’s position or tried further to persuade Kendall to delete the classified email. The message had been forwarded to Clinton by one of her senior aides, Jacob Sullivan, in November 2012 and contained references to the attack in Benghazi two months earlier.

Rather, within a few days, State Department employees were told to develop a system that would let Kendall keep the emails in a State Department-provided safe at his law firm in Washington, D.C., where he and a partner had access to them.

Ahem. Attorneys for people under investigation for potentially having unlawful possession of classified information (18 USC 1924) do not get to keep possession of those documents for themselves, no matter what classification level they have been granted. Access to classified information would be granted in a secure facility operated by the government in a manner consonant with the classification levels involved. Given that the information in these files reached the level of Top Secret/Compartmented, that would require a Sensitive Compartmented Information Facility (SCIF).

Furthermore, State wouldn’t have the authority to determine otherwise. The Top Secret/Compartmented information came from intel sources outside Foggy Bottom — NSA and Nationa Geospatial-Intelligence Agency among them. Did either of those agencies concur with the decision to set up an ersatz SCIF in Kendall’s office? Did State follow up with further site security requirements, such as access control to Kendall’s office, armed guards, and the like? Frankly, this looks like the kind of security decisions by Kennedy that led to the sacking of the consulate in Benghazi, with a pattern of disregard for security requirements that should have disqualified him for government service long before this.

The request to destroy the records is also curious, too. Destruction of classified material has to take place under certain conditions and methods, in part to ensure the total destruction of the information. Why would Kennedy just leave that in Kendall’s hands? On top of that, why would Kennedy insist that the files — stored electronically, rather than in the print-out format State got — be destroyed at all? That turned out to be valuable evidence for investigators when the FBI finally got their hands on them. Kendall must have realized this as well, and that might explain why he was reluctant to give the files to Kennedy.

This has more than a whiff of an attempted cover-up, on top of an entire scheme to cover up Hillary’s communications for four years.


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Comments

That’ll be her expression when she is indited…

PatriotRider on January 15, 2016 at 10:43 AM

Indicted…cant’t spell today….yeeesh…

PatriotRider on January 15, 2016 at 10:44 AM

The cover-up of the cover-up of the cover-up….aw forget it, I can’t keep track anymore.

ElectricPhase on January 15, 2016 at 10:45 AM

Issa Gowdy to hold hearings on this in … oh, screw it.

ShainS on January 15, 2016 at 10:46 AM

#ClintonCrimeFamily

JoeHanson on January 15, 2016 at 10:48 AM

Don’t see the problem here. This is standard MO for Obama just like, IRS, FBI, Fast and furious, Illegally ignoring Federal Court Judges orders just to name a few.

pwb on January 15, 2016 at 10:49 AM

Lawyer acting like a lawyer: I’m keeping my insurance policy. No way Hillz is throwing me under the bus — I’ve got all the incriminating evidence I need to put her away.

jdpaz on January 15, 2016 at 10:49 AM

Her FGOOJC has expired….

PatriotRider on January 15, 2016 at 10:50 AM

Nice picture. She looks well in orange.

bernzright777 on January 15, 2016 at 10:51 AM

Never thought I’d say it, but Good for the Daily Beast. Seems even the the left is turning on Hillary.

Truth matters!

idesign on January 15, 2016 at 10:52 AM

Hillary had best get started on picking out drapes…
Tlaloc on August 10, 2015 at 3:49 PM

That Dr. Evil pic. of the beast is the perfect fit.

Schadenfreude on January 15, 2016 at 10:53 AM

Issa Gowdy to hold hearings on this in … oh, screw it.

ShainS on January 15, 2016 at 10:46 AM

At this point, I no longer give a rat’s patooty about Gowdy’s investigation. I’ll wait for the FBI’s word on their investigation. That’s the one that could well sink Hillary.

Bitter Clinger on January 15, 2016 at 10:54 AM

Meanwhile, let a private citizen forget to cross a “t” or dot an “i” on a government form or accidentally put HIPPA information in a waste basket and see how much trouble you get into with the alphabet agencies that control our lives.

jaywemm on January 15, 2016 at 10:54 AM

That scumhag would run from prison, and constitutionally she could.

Half of the politicians in India are in prison, btw.

Schadenfreude on January 15, 2016 at 10:54 AM

Lucky for Hillary she had the foresight to take preemptive measures that would counter the sure to come vast right wing conspiracies.

antipc on January 15, 2016 at 10:55 AM

Lawyer acting like a lawyer: I’m keeping my insurance policy. No way Hillz is throwing me under the bus — I’ve got all the incriminating evidence I need to put her away.

jdpaz on January 15, 2016 at 10:49 AM

Except that his having possession of all that classified info puts a bullseye on him as well. He should’ve dropped her as a client if he cared at all about ethics.

Bitter Clinger on January 15, 2016 at 10:56 AM

At this point, I no longer give a rat’s patooty about Gowdy’s investigation. I’ll wait for the FBI’s word on their investigation. That’s the one that could well sink Hillary.

Bitter Clinger on January 15, 2016 at 10:54 AM

^^ this.

Gowdy is trying to convince conservatives he’s the Ringmaster, when he’s just the Klown.

Dolce Far Niente on January 15, 2016 at 10:57 AM

That’ll be her expression when she is indicted…

PatriotRider on January 15, 2016 at 10:43 AM

Any of the rest of us would be under the prison by now. Do you have confidence that she’ll actually be indicted? And if so, any chance of a conviction with prison time?

mankai on January 15, 2016 at 11:00 AM

This problem PROVES HilLIARy Clinton is guilty of multiple counts of espionage, a FELONY.

Armyspouse on January 15, 2016 at 11:01 AM

At this point, I no longer give a rat’s patooty about Gowdy’s investigation. I’ll wait for the FBI’s word on their investigation. That’s the one that could well sink Hillary.

Bitter Clinger on January 15, 2016 at 10:54 AM

^^ this.

Gowdy is trying to convince conservatives he’s the Ringmaster, when he’s just the Klown.

Dolce Far Niente on January 15, 2016 at 10:57 AM

^^^^^^^^^^^^^both of you! Well said!

herm2416 on January 15, 2016 at 11:01 AM

Bitter Clinger on January 15, 2016 at 10:54 AM

Agreed. These “leaked” threats of a mass FBI walkout including Comey if she’s not indicted (I hope they’re not bluffing) is a brilliant strategy.

Hope it works …

ShainS on January 15, 2016 at 11:03 AM

That’ll be her expression when she is indited…

PatriotRider on January 15, 2016 at 10:43 AM

That’s what she looks like when Bill makes a pass at her…….

itsspideyman on January 15, 2016 at 11:04 AM

Come on, everyone knows that Hillary wasn’t being treated any differently than low level State Dept employees – this is a witch hunt!

/Tlaloc, verbaluce, CivilDiscourse, everdiso, urban elitist

gwelf on January 15, 2016 at 11:04 AM

One would think that in any final reckoning Patrick Kenedy is either going to be singing like a bird, or being fitted for a matching orange prison pantsuit. Unless of course the Clinton’s arrange yet another meeting with Vince Foster.

patches on January 15, 2016 at 11:08 AM

He should’ve dropped her as a client if he cared at all about ethics.

Bitter Clinger on January 15, 2016 at 10:56 AM

Dude, anyone who’s ever met with a Clinton has no ethics to begin with.

antipc on January 15, 2016 at 11:09 AM

But Ted Cruz disclosed a loan in one form, but not another! Eleventy!!!

Kennedy and Kendall can share a prison cell in Leavenworth.

rbj on January 15, 2016 at 11:12 AM

Any of the rest of us would be under the prison by now. Do you have confidence that she’ll actually be indicted? And if so, any chance of a conviction with prison time?

mankai on January 15, 2016 at 11:00 AM

Initially no, I did not expect her to be indicted. But now, I’ve changed my mind. The left is turning on her, Biden softly supports Sanders, “The Nation” supports Sanders. All we need now is the Injun woman to come out for Sanders. The only firewall keeping her from being indicted was that she was the “inevitable” candidate. Now all that is crumbling…what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

Initially no, I did not expect her to be indicted. But now, I’ve changed my mind. The left is turning on her, Biden softly supports Sanders, “The Nation” supports Sanders. All we need now is the Injun woman to come out for Sanders. The only firewall keeping her from being indicted was that she was the “inevitable” candidate. Now all that is crumbling…what would be the upside for Obama and Lynch to not indict her???…
PatriotRider on January 15, 2016 at 11:15 AM

Obama will cancel the election if she’s indicted…

ConstantineXI on January 15, 2016 at 11:18 AM

” safe? You mean like in baseball?”

PackerBronco on January 15, 2016 at 11:19 AM

…and besides, with the beast in prison Bill is free to go an a bimbo binge…

PatriotRider on January 15, 2016 at 11:19 AM

mankai on January 15, 2016 at 11:00 AM

Initially no, I did not expect her to be indicted. But now, I’ve changed my mind. The left is turning on her, Biden softly supports Sanders, “The Nation” supports Sanders. All we need now is the Injun woman to come out for Sanders. The only firewall keeping her from being indicted was that she was the “inevitable” candidate. Now all that is crumbling…what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

If Hillary goes down as corrupt, it will taint Bill and the Dem Party. The party has been defending her and Bill is their folk hero who is supposed to remind us of the glorious days of his presidency.

If the FBI is allowed to indict, and convict, it will only be after a lot of very careful calculations by the administration. They might not care about her personally, but they care a lot about party politics and power.

mankai on January 15, 2016 at 11:20 AM

Come on, everyone knows that Hillary wasn’t being treated any differently than low level State Dept employees – this is a witch hunt!

/Tlaloc, verbaluce, CivilDiscourse, everdiso, urban elitist

gwelf on January 15, 2016 at 11:04 AM

Got the Witch part right, at least….

RL on January 15, 2016 at 11:21 AM

… what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

The detente between the Obamas and Clintons would continue, instead of the mutually assured destruction of an all-out war.

Can you imagine all the dirt they have on each other? [As someone here said, there’s probably more than enough to fill The Grand Canyon …]

ShainS on January 15, 2016 at 11:24 AM

Obama will cancel the election if she’s indicted…

ConstantineXI on January 15, 2016 at 11:18 AM

Not that I doubt he would like to do that, but under what real circumstances do you really see that happening?…

PatriotRider on January 15, 2016 at 11:24 AM

If Kendall had a copy of ALL of the emails, then where did that copy go?

jnelchef on January 15, 2016 at 11:26 AM

Why did Obama allow it?

albill on January 15, 2016 at 11:27 AM

This is a cut and dried crime. And it probably gets even worse with the rogue IT guy who is now taking the 5th. Hillary granted him full access to the server and quite likely put him in charge of deleting and professionally overwriting the 30,000 “personal” e-mails she ordered destroyed. That guy should be granted immunity compelled to testify before we elect a damn felon to be president.

forest on January 15, 2016 at 11:33 AM

He should’ve dropped her as a client if he cared at all about ethics.

Bitter Clinger on January 15, 2016 at 10:56 AM

We’re talking about a lawyer and Hillary Clinton here… Where were the — what did you call them? — “ethics” supposed to come in?

jdpaz on January 15, 2016 at 11:34 AM

If Hillary goes down as corrupt, it will taint Bill and the Dem Party. The party has been defending her and Bill is their folk hero who is supposed to remind us of the glorious days of his presidency.

If the FBI is allowed to indict, and convict, it will only be after a lot of very careful calculations by the administration. They might not care about her personally, but they care a lot about party politics and power.

mankai on January 15, 2016 at 11:20 AM

But the question is what Obama cares about the most. Himself or the party. I’ll take door number one.
I’m thinking that what he would want is an R in the White House, which will give him a platform for daily press conferences and rants about how bad things are going and racism and unfairness, etc. With Hillary or any D at 1600, he won’t be able to be the center of the world anymore.

Combine that with the FBI people apparently willing to resign if she’s not indicted, I’ve changed my original call from no way to way.

But either way, if the FBI refers and recommends indictment, she’s toast.

TXUS on January 15, 2016 at 11:38 AM

A revelation like this one isn’t going to help Clinton at all. For the first time since Obama was inaugurated in 2008, I’m beginning to believe that Hillary might in fact get schlonged again, only this time by an old Jewish guy.

Even without an indictment, her pathway to the nomination may be closing. If Bernie can squeeze just a few more points of support out of the black community, the prize is his.

Atlantian on January 15, 2016 at 11:39 AM

Come on, everyone knows that Hillary wasn’t being treated any differently than low level State Dept employees – this is a witch hunt!

/Tlaloc, verbaluce, CivilDiscourse, everdiso, urban elitist

gwelf on January 15, 2016 at 11:04 AM

lol. Where are those paragons of virtue, higher education, rational common sense thinkers? Probably hard at not working.

arnold ziffel on January 15, 2016 at 11:43 AM

Initially no, I did not expect her to be indicted. But now, I’ve changed my mind. The left is turning on her, Biden softly supports Sanders, “The Nation” supports Sanders. All we need now is the Injun woman to come out for Sanders. The only firewall keeping her from being indicted was that she was the “inevitable” candidate. Now all that is crumbling…what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

And ol’ Bill will be free to hit the dating scene again, so he supports the incarceration.

Rix on January 15, 2016 at 11:44 AM

TXUS on January 15, 2016 at 11:38 AM

Maybe… but a GOP win will be seen as a rejection of his presidency.

mankai on January 15, 2016 at 11:44 AM

Initially no, I did not expect her to be indicted. But now, I’ve changed my mind. The left is turning on her, Biden softly supports Sanders, “The Nation” supports Sanders. All we need now is the Injun woman to come out for Sanders. The only firewall keeping her from being indicted was that she was the “inevitable” candidate. Now all that is crumbling…what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

The scandal would taint whoever was picked to fill in, Biden or whoever. They won’t do it.

evergreen on January 15, 2016 at 11:50 AM

You or I would be in prison by now…

locomotivebreath1901 on January 15, 2016 at 11:51 AM

The scandal would taint whoever was picked to fill in, Biden or whoever. They won’t do it.

evergreen on January 15, 2016 at 11:50 AM

We’ll know in a couple of months…I tend to agree more with your argument…

PatriotRider on January 15, 2016 at 11:56 AM

I could see an FBI referral to indict, but then no indictment…

PatriotRider on January 15, 2016 at 11:57 AM

Lucky for Hillary she had the foresight to take preemptive measures that would counter the sure to come vast right wing conspiracies.

antipc on January 15, 2016 at 10:55 AM

I know! These freaking right wingers like The Daily Beast, NYT, Mother Jones, when will it stop!

Neitherleftorright on January 15, 2016 at 12:01 PM

Maybe… but a GOP win will be seen as a rejection of his presidency.

mankai on January 15, 2016 at 11:44 AM

Not in the mind of a narcissist like Obama. To him, neither he nor his presidency was rejected, it was just the dumbass voters who got hoodwinked by the GOP candidate.

TXUS on January 15, 2016 at 12:04 PM

I’ve worked in defense and I can tell you that ANYBODY who attempted what ClinTron and her cronies did with classified info would be locked up for a long time. No doubt about it.

MJBrutus on January 15, 2016 at 12:04 PM

You think the email scandal is over?

The email scandal has barely begun my friend.

petunia on January 14, 2016 at 6:21 PM

Uh huh. At least from the perspective of public perception that was the worst part of the email scandal to date. You are welcome to believe it will get worse than that at some point in the future.

Tlaloc on January 14, 2016 at 6:55 PM

And the beat goes on….

Neitherleftorright on January 15, 2016 at 12:08 PM

Didn’t the state dept also grant the clearances to Hillary’s lawyer after the fact?

From what I read before, I don’t think he had the necessary clearances prior to having possession of the material. The state department giving him clearance after the fact is yet another hoop they jumped through for the big H.

Oxymoron on January 15, 2016 at 12:22 PM

You or I would be in prison by now…

locomotivebreath1901 on January 15, 2016 at 11:51 AM

We’d still be sitting in prison over the FBI files or insider trading in cattle futures alone. Instead she’s spent that last two decades perfecting her her abilities to avoid responsibility and punishment. Mobsters want them some sentence reductions.

antipc on January 15, 2016 at 12:33 PM

I could see an FBI referral to indict, but then no indictment…

PatriotRider on January 15, 2016 at 11:57 AM

All the FBI can do is refer the matter to AG Loretta Lynch, who will make the final decision.

Lynch will be in a very tough spot, because she owes her career to Hillary’s Meal Ticket. But if she decides not to go ahead with this case, she’ll immediately appear to be corrupt. Does she have any shame, or will she march in goosestep to the Democrat Party Line?

My guess is that Lynch avoids the whole mess by referring the case to an Independent Counsel/Special Prosecutor. That way, she washes her hands of the whole steaming pile.

In any event, there is no way Hillary or her campaign come out of this whole thing smelling like roses. Of course, she hasn’t needed any help to make her campaign suck so far, she’s an expert at that! Just like she was in 2008.

A question to our Democrat trolls here (it’s afternoon here on the East Coast, so they are just getting up now):

If Hillary is SO smart, why didn’t she anticipate that this whole e-mail clusterfark might present problems for her and her campaign down the road?

(Heads out to Snowdial Farm #27)

Del Dolemonte on January 15, 2016 at 12:40 PM

The bottom line remains the bottom line. HRod is a felon. She is unfit to hold any office in this nation.

But that has been true for years, and doesn’t matter, as long as there is a ‘D’ in front of her name.

Acts of foolishness by those on the left draw laughter from the left.

Misdemeanors by those on the left draw eyerolls from the left.

Felonies by those on the left draw the full-court press from media, government officials, and celebrities to obfuscate and mitigate.

No leftist ever did anything really wrong-wrong, according to leftists.

Obama could have raped a six-year-old boy, live on camera, at the conclusion of the SOTU address, and still wouldn’t be impeached.

Shame on us all for continuing to permit this long train of abuses and usurpations of our liberty.

Freelancer on January 15, 2016 at 12:56 PM

I’ve worked in defense and I can tell you that ANYBODY who attempted what ClinTron and her cronies did with classified info would be locked up for a long time. No doubt about it.

MJBrutus on January 15, 2016 at 12:04 PM

Yes, but I’m afraid it remains a “big” vs. “little” guy issue.

When I was in the service, I once had to shut up a couple of NORAD big-wigs above me who tried “talking around” classified information on an non-secure phone line. As a 2-striper, I sweated for days the choice between maintaining proper security and telling a “superior” that in effect, he was violating the most basic kind of tenets and I wouldn’t play along.

Anyone think there won’t be an attempt to get this Cleentone culpability chopped up and cooked away into mush stew amidst dozens of underlings and their actions? The fact that to this point there have been no arrests for what to this point are the clear, multiple criminal violations is depressing.

RL on January 15, 2016 at 1:04 PM

That photo is priceless – she’ll be looking like that as soon as Col. Sanders starts picking up primary wins.

Of course, they can always draft…Slow Joe, Gore and Kerry.

Behold the deep bench of the Dem “Workers” Party!

ICanSeeNovFromMyHouse on January 15, 2016 at 1:11 PM

The United West presents three videos by Lopez to better understand 13 Hours:

In part one, Lopez explains in simple detail exactly how the United States, led by Clinton, aligned itself with the Muslim Brotherhood in a way that defies common sense and basic principles of foreign policy. The United West presents this three-part series as a national security context to better understand the blockbuster Hollywood movie, “13 Hours, the Secret Soldiers of Benghazi.“

Only have the first two of the three:

http://www.breitbart.com/video/2016/01/13/the-united-west-clinton-obama-benghazi-gun-running-operation-exposed/

http://www.breitbart.com/video/2016/01/14/the-united-west-hillarys-benghazi-video-lie-exposed-part-2-of-3/

31giddyup on January 15, 2016 at 1:20 PM

Anyone going to toss her a life jacket?

31giddyup on January 15, 2016 at 1:26 PM

We’d still be sitting in prison over the FBI files or insider trading in cattle futures alone. Instead she’s spent that last two decades perfecting her her abilities to avoid responsibility and punishment. Mobsters want them some sentence reductions.

antipc on January 15, 2016 at 12:33 PM

Not to mention using her influence as SoS to “solicit” tens of millions of dollars in donations to the Bill, Hillary, and Chelsea Clinton Criminal Foundation.

GAlpha10 on January 15, 2016 at 1:26 PM

State Dept jumped through “quite unusual” hoops to allow keep Hillary attorney to keep classified info out of Leavenworth

FTFY

Galtian on January 15, 2016 at 1:34 PM

If Hillary goes down as corrupt, it will taint Bill and the Dem Party. The party has been defending her and Bill is their folk hero who is supposed to remind us of the glorious days of his presidency…

mankai on January 15, 2016 at 11:20 AM

Obama will get his revenge, “A few years ago, this guy would have been getting us coffee.”

Fallon on January 15, 2016 at 1:45 PM

I’m no lawyer but I’m pretty sure that the attorney for someone under investigation does not get to keep evidence. Kennedy probably deferred to Hill’s lawyers because he had no desire to tour Ft. Marcy Park.

ghostwalker1 on January 15, 2016 at 1:58 PM

Regarding that photo: if that doesn’t say ‘hand in the cookie jar’ I don’t know what does.

ghostwalker1 on January 15, 2016 at 2:00 PM

I’m no lawyer but I’m pretty sure that the attorney for someone under investigation does not get to keep evidence. Kennedy probably deferred to Hill’s lawyers because he had no desire to tour Ft. Marcy Park.

ghostwalker1 on January 15, 2016 at 1:58 PM

Those 900+ stolen FBI files certainly have had an unlimited shelf life, haven’t they?

Speaking of Hillario, she’s the certified expert on the “willing suspension of disbelief”, and she’s doing it again today!

Hillary Clinton says her huge early poll leads were “artificial”.

If she knew they were “artificial”, why didn’t she mention that way back when?

Del Dolemonte on January 15, 2016 at 2:19 PM

It’s not a cover up. It’s a total disregard for the handling requirements of classified material. The whole lot should be in jail. Patrick Kennedy himself seems to be at the center of a lot of illegal activity at the State Dept.

TerryW on January 15, 2016 at 2:24 PM

The crooks don’t even bother to keep their crookedness under the rug anymore. The current CinC, Sec State, AG and any # of govt officials know what’s going on and choose to do nothing. Governing must be hard.

Kissmygrits on January 15, 2016 at 2:30 PM

That pic is a perfect ad for Irritable Bowel Syndrome

Uh oh – whoops!

ICanSeeNovFromMyHouse on January 15, 2016 at 2:37 PM

If Hillary is SO smart, why didn’t she anticipate that this whole e-mail clusterfark might present problems for her and her campaign down the road?

Del Dolemonte on January 15, 2016 at 12:40 PM

When she set the private email as a cover-up from the start, she counted on a few key assumptions. One, that her closest staff would never ever talk. Two, with full control of the emails and servers, she and her staff could ensure that any potential evidence could be thoroughly disappeared. Three, given the Clinton’s past record of being able to scrape by / get the benefit of the doubt regarding circumstantial evidence, she assumed that they were effectively ‘untouchable’.

But in her arrogance and contempt, she didn’t think through the ramifications of mishandling classified information. I think it was because she doesn’t really care about classified information. It doesn’t apply to her. I also think that she thought she could skate because no one could prove intent to mishandle classified information – not knowing that a) intent is immaterial, and b) setting up the private email server to circumvent the government systems is intent to mishandle classified information.

Like a true progressive – she was fixated on ‘the ends justifies the means’. That means keeping her communications away from the Fed archiving / records / FOIA access in order to keep the quid pro quo with the Clinton Foundation donors effectively invisible. She also didn’t count on Benghazi / Libya being the clusterfark that it was – or the need to spin it in order to not negatively effect Obama’s reelection effort.

Remember Del, prison is full of ‘smart’ people who thought they could get away with something. We’re at the point where her only hope is for Lynch / Obama to decide to not indict and accept the sh*tstorm that will result.

Athos on January 15, 2016 at 2:52 PM

A “SCIF” ain’t just a room designated as such. There are serious efforts and hurdles to go through to get that designation the first of which is, is there a specific need for a SCIF or are there others SCIFs close by? Designating a SCIF for convenience is way outside the requirements and parameters.

Someone needs to go to jail. I’d be happy with Kennedy, or the lawyer.

If either of them became aware they are facing jail time I can’t imagine they’d “take one” for Hillary.

E9RET on January 15, 2016 at 2:52 PM

Maybe… but a GOP win will be seen as a rejection of his presidency.

mankai on January 15, 2016 at 11:44 AM

nope. for The Won, it would simply be a case of the peons not understanding His Greatness!

the MOST he would admit to to is that his “messaging” was not sufficient.

WaldoTJ on January 15, 2016 at 2:56 PM

I wonder if Kendall received the 55,000 pages of information. That would be something. Give the outsider access to unretracted emails, exposing classified information, while Congress gets the runaround.

djaymick on January 15, 2016 at 3:22 PM

what would be the upside for Obama and Lynch to not indict her???…

PatriotRider on January 15, 2016 at 11:15 AM

Email, pretty much by design and definition, is not ‘secret’. Moreover, while she was doing her email thing the NSA was intercepting all international communications. Since she was just using the regular communication channels that any of us might be using that means they were intercepting all of her communications too.

Therefore whatever Mrs Clinton was doing for four years should have been blatantly obvious to a lot of people in intelligence agencies and other bits of government — including the White House.

So, why wasn’t she stopped earlier?

Either the United States intelligence services are phenomenally incompetent AND/OR there is treachery within one or more government agencies AND/OR somebody higher-ranking than Mrs Clinton — somebody like the POTUS, for example — knew and approved of what she was doing.

This email matter goes deeper and wider than just Mrs Clinton and her immediate office, and Mr Obama might yet be found to have been complicit in it and just as treacherous as her.

So, to answer your question, the upside for Mr Obama might be that by keeping her out of the courts, he keeps himself out of jail too.

YiZhangZhe on January 15, 2016 at 3:26 PM

lol. Where are those paragons of virtue, higher education, rational common sense thinkers? Probably hard at not working.

arnold ziffel on January 15, 2016 at 11:43 AM

Well I can only speak for myself, but
A) work has been strangely busy today, usually fridays are quiet
B) there’s nothing here to comment on, “unusual hoops”? Oh wow!

Tlaloc on January 15, 2016 at 3:59 PM

Ahem. Attorneys for people under investigation for potentially having unlawful possession of classified information (18 USC 1924) do not get to keep possession of those documents for themselves, no matter what classification level they have been granted. Access to classified information would be granted in a secure facility operated by the government in a manner consonant with the classification levels involved. Given that the information in these files reached the level of Top Secret/Compartmented, that would require a Sensitive Compartmented Information Facility (SCIF).

Furthermore, State wouldn’t have the authority to determine otherwise. The Top Secret/Compartmented information came from intel sources outside Foggy Bottom — NSA and Nationa Geospatial-Intelligence Agency among them. Did either of those agencies concur with the decision to set up an ersatz SCIF in Kendall’s office? Did State follow up with further site security requirements, such as access control to Kendall’s office, armed guards, and the like? Frankly, this looks like the kind of security decisions by Kennedy that led to the sacking of the consulate in Benghazi, with a pattern of disregard for security requirements that should have disqualified him for government service long before this.

Are you blind, man? This is a Democrat! The laws do not apply!!

/or so it seems

There Goes the Neighborhood on January 15, 2016 at 4:09 PM

B) there’s nothing here to comment on, “unusual hoops”? Oh wow!

Tlaloc on January 15, 2016 at 3:59 PM

Yes, like not charging him with retaining classified information.

The Schaef on January 15, 2016 at 4:11 PM

One of Hillario’s biggest defenders these days is Media Matters founder and certified Cretin David Brock.

But back in the day, Brock exposed Hillario as evil, in his 1996 book “The Seduction of Hillary Rodham”. D.C. Attorney Mark Paoletta-who in fact helped Brock write and edit the book-has a devastating new column out today at RCP, with some juicy excerpts from the Brock book, on why Hillario has always felt that she is Above the Law:

Link.

The close scrutiny of the press irritated Hillary, who had previously operated only in the narrow confines of the legal services community and in one-party Arkansas, never developing an appreciation for openness in democratic politics. This coercive approach had functioned very well up to the time she moved into the White House, and she was not about to reverse course now. The decision to operate in secrecy, then, was not a blunder but a calculation. (p. 346)

In explaining Hillary’s penchant for stonewalling, Brock suggested in Seduction that she learned the value of caginess from her experience as a staff attorney for the Senate Judiciary Committee during the Watergate investigation:

It seems fair to suggest, in retrospect, that the lesson Hillary drew from her Watergate experience was that stretching and manipulating legal procedures could produce victory on the political battlefield. Stonewalling, artful dodging, the benefit of a press corps that shared her politics, and a little luck might do the trick. (p. 305)

Brock cites approvingly “two perceptive essays” by liberal historian Gary Wills on how covering for Bill’s sexual misdeeds throughout their marriage led to Hillary’s “touchiness about the whole truth . . . because [Hillary] has lived for a long time with the philanderer’s secret.” As Brock interprets it:

Apologizing for and covering up Clinton’s womanizing all those years, Wills suggested, had instilled in Hillary a deep suspicion of the press and contempt for the democratic process itself. (p. 277)

If Bill’s philandering had turned Hillary off to “the whole truth” and thus “the democratic process itself,” how did Team Clinton handle the women who tried to come forward to make accusations against him? Brock details that, and it isn’t pretty. He describes how, during Bill Clinton’s 1992 campaign, Hillary was very involved in covering up all of Bill’s affairs and mistreatment of women. According to Brock, during that campaign Hillary was

…fighting behind the scenes to keep the press from exposing the unseemly aspects of life…with her husband…The shadow campaign apparatus involved Hillary’s lawyer friends…to combat womanizing stories. In this respect, anyway, the Clintons were indeed a second coming of Camelot: not since the Kennedys had there been so many retainers on hand whose primary function appeared to be to keep a lid on all manner of personal scandals. (p. 271)

Their response was ruthless. Brock quotes Rex Nelson, former political editor of the Arkansas Democrat-Gazette, recalling that “women were called and told they’d make them look like whores if they came forward.” The campaign hired a private investigator, Jack Palladino, who Brock reports was “part of the same circle with which Hillary Rodham had been associated in the early 1970s.” Palladino’s job was simple: To contain what Clinton operative Betsey Wright called “bimbo eruptions.” Yet Brock reports the press turned a blind eye:

The use of a private investigator to do surveillance on – and attempt to intimidate – potential witnesses was an unprecedented scandal potentially far darker than the story of the ill-starred whitewater investments. Yet with the sole exception of the Washington Post story in July, not one of the campaign reporters chose to write about the practice, even though many were quite familiar with it. (p. 273)

Paoletta concludes:

Contemptuous of the democratic process, Hillary Clinton still thinks the rules – like keeping the Secretary of State’s emails on government servers so that they are both secure and available as part of the public record in the future – do not apply to her. She still stonewalls or impugns anyone who points out her husband’s misdeeds, and has shown herself capable of doing worse.

Although Trump was correct that the seedy history of the Clintons is itself reason to be suspicious of Hillary’s campaign, Brock put his finger on an even more important lesson about it: Hillary has disdain for the democratic process and believes she doesn’t have to abide by its laws. We’ve seen that attitude play out over and over, but as president it could have a much greater and more harmful effect. This should not be another Clinton story that is simply allowed to disappear.

And remember, Klinton Kultists: This comes from a dude who helped David Brock write his 1996 book, it’s not just coming from some anonymous crank…

Del Dolemonte on January 15, 2016 at 4:31 PM

Hillary had best get started on picking out drapes…
Tlaloc on August 10, 2015 at 3:49 PM

FYI: They don’t allow drapes in Federal penitentiaries.
Wouldn’t want anyone making a noose or a getaway rope with them.

….oohhh, you meant drapes for the White House??
Hahahahahahahahahahahahah……

orangemtl on January 15, 2016 at 4:43 PM

Probably hard at not working.

arnold ziffel on January 15, 2016 at 11:43 AM

.
As Sponge puppy pointed out the other day, the only bad thing about doing nothing, (this applies to you, too, Dolce) is that it’s darn diffucult to decide when you’ve finished.

meerbock on January 15, 2016 at 9:10 PM

The cover-up of the cover-up of the cover-up….aw forget it, I can’t keep track anymore.

ElectricPhase on January 15, 2016 at 10:45 AM

A couple of excellent analyses of the bump under the cover-up blankets.

…Either the United States intelligence services are phenomenally incompetent AND/OR there is treachery within one or more government agencies AND/OR somebody higher-ranking than Mrs Clinton — somebody like the POTUS, for example — knew and approved of what she was doing.

This email matter goes deeper and wider than just Mrs Clinton and her immediate office, and Mr Obama might yet be found to have been complicit in it and just as treacherous as her.

So, to answer your question, the upside for Mr Obama might be that by keeping her out of the courts, he keeps himself out of jail too.

YiZhangZhe on January 15, 2016 at 3:26 PM

…Like a true progressive – she was fixated on ‘the ends justifies the means’. That means keeping her communications away from the Fed archiving / records / FOIA access in order to keep the quid pro quo with the Clinton Foundation donors effectively invisible. She also didn’t count on Benghazi / Libya being the clusterfark that it was – or the need to spin it in order to not negatively effect Obama’s reelection effort.

Remember Del, prison is full of ‘smart’ people who thought they could get away with something. We’re at the point where her only hope is for Lynch / Obama to decide to not indict and accept the sh*tstorm that will result.

Athos on January 15, 2016 at 2:52 PM

If Hillary goes down as corrupt, it will taint Bill and the Dem Party. The party has been defending her and Bill is their folk hero who is supposed to remind us of the glorious days of his presidency.

If the FBI is allowed to indict, and convict, it will only be after a lot of very careful calculations by the administration. They might not care about her personally, but they care a lot about party politics and power.

mankai on January 15, 2016 at 11:20 AM

But the question is what Obama cares about the most. Himself or the party. I’ll take door number one.
I’m thinking that what he would want is an R in the White House, which will give him a platform for daily press conferences and rants about how bad things are going and racism and unfairness, etc. With Hillary or any D at 1600, he won’t be able to be the center of the world anymore.

Combine that with the FBI people apparently willing to resign if she’s not indicted, I’ve changed my original call from no way to way.

But either way, if the FBI refers and recommends indictment, she’s toast.

TXUS on January 15, 2016 at 11:38 AM

AesopFan on January 16, 2016 at 1:45 AM

I’ve worked in defense and I can tell you that ANYBODY who attempted what ClinTron and her cronies did with classified info would be locked up for a long time. No doubt about it.

MJBrutus on January 15, 2016 at 12:04 PM

Yes, but I’m afraid it remains a “big” vs. “little” guy issue.

When I was in the service, I once had to shut up a couple of NORAD big-wigs above me who tried “talking around” classified information on an non-secure phone line. As a 2-striper, I sweated for days the choice between maintaining proper security and telling a “superior” that in effect, he was violating the most basic kind of tenets and I wouldn’t play along.

Anyone think there won’t be an attempt to get this Cleentone culpability chopped up and cooked away into mush stew amidst dozens of underlings and their actions? The fact that to this point there have been no arrests for what to this point are the clear, multiple criminal violations is depressing.

RL on January 15, 2016 at 1:04 PM

Par for the course in the Beltway, however.
It’s almost like they live in a totally different universe, like living in a non-Euclidean geometry.

AesopFan on January 16, 2016 at 1:47 AM

I see this as going to a basic character flaw of the Clinton’s.
When faced with a problem that may have a simple easy solution, they have a need to do an end run and solve it in a manner that is just inside the law.

Security clearance for her lawyer would be rather simple and routine. (1). need a secure place. They gave them a standard 4 drawer secure filling cabinet. (2) need to get a investigation clearance from NSA.
With all her juice maybe take 72hr.
So what is the basic character flaw that requires the Clinton’s to take these “End runs”? They do it for the thrill of the chase. In there own way they are adrenal junkies.

The real question here is “WHY DID SHE FEEL A NEED TO HAVE HER LAYER” filled in and up to speed on her actions as SOS. What is the meaning of “this”. Did she feel a need for personal legal protection from future prosecutions?

I thinks the answer here is yes. That goes to the dealings of the Clinton Foundations.

jpcpt03 on January 16, 2016 at 3:34 AM