Great news: Hillary chief of staff lost Blackberry tied to secret e-mail server

posted at 2:41 pm on January 27, 2016 by Ed Morrissey

Another nice catch from the Daily Caller’s Chuck Ross brings into sharp relief another aspect of the danger to national security that Hillary Clinton’s secret e-mail system created. Chief of staff Cheryl Mills lost her Blackberry in March 2010, a little over a year into Hillary’s tenure at State, which had been used with the unauthorized and non-secure homebrew Hillary server. She reached out to the State Department to inform a familiar figure of the loss:

Records obtained by The Daily Caller through a Freedom of Information Act lawsuit show [Cheryl] Mills revealed that she lost her Blackberry in a March 20, 2010 email she sent to Bryan Pagliano, the State Department IT staffer who managed Clinton’s private email server. …

Some of the emails Mills sent and received on the account contain information that the State Department has retroactively determined to have classified information.

In one such email, from Dec. 24, 2009, Clinton forwarded Mills a message she had received from Johnnie Carson, then the Assistant Secretary of State for African Affairs, who provided details from a conversation he had with French foreign minister Bernard Kouchner about a situation in Guinea.

“Pls review so we can discuss,” Clinton wrote to Mills and Jake Sullivan, her foreign policy aide.

In a Jan. 14, 2010 email, Rajiv Shah, who was in charge of U.S. Agency for International Development, emailed Clinton and Mills about Haiti. The email is heavily redacted because it contains now-classified information. The State Department has retroactively classified more than 1,300 emails housed on Clinton’s private server, though Clinton and the State Department maintain that the information was not considered classified when it was originated.

Had the State Department known of the Hillary Clinton home-brew server, this should have touched off an investigation to see whether the loss may have exposed sensitive information. It’s telling that Mills went to the one man at State who knew full well of the system — in fact, the man who had worked for Hillary’s political action committee for a few years before moving into the State Department’s IT support group. Pagliano apparently was the only contact at State for support on the Hillary e-mail server during her tenure as Secretary.

Did Pagliano report the loss of the Blackberry as a potential spillage of sensitive material? If not, this might be another good reason for Pagliano’s decision to take the Fifth and potentially hold out for a deal. Failing to report potential spillage would likely cost Pagliano his clearance, and perhaps result in harsher punishment as well.

That holds even more true for Mills than it does for Pagliano. Unlike the IT tech who worked on the system, Mills had actually transmitted sensitive data on and through her Blackberry. Once she realized it was missing, she needed to report the loss as a potential security risk, and not just to IT as a headache to be resolved. If Mills never reported it, that may put her at risked of being charged with a felony under 18 USC 793 (f) (1) and (2):

(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.

Emphases mine. Did Mills make such a report? If not, then this is a clear violation under both (1) and (2) through “gross negligence.” If she told Hillary, who did Hillary contact? If Hillary knew about it and did nothing, then she is equally liable under (2). And if Pagliano knew that Mills and Hillary passed sensitive information through an unsecured and unauthorized system, he’d be just as liable for not acting when told of the loss of the device, and would also face risk of being charged under section (g) for a conspiracy.

The FBI certainly has much to investigate. We’ll see if the Justice Department has any interest in applying the law.


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Comment pages: 1 2

I wonder what sort of threats were used against state department employees that knew the home brew was not only illegal but a security threat. The Clintons have a history of “making problems and problem people go away.”

Tinker on January 27, 2016 at 6:13 PM

So I guess that reason that 150 FBI Special Agents have been assigned to the investigation is because no one is taking the violations seriously.

GAlpha10 on January 27, 2016 at 6:28 PM

Cheryl Mills lost her Blackberry in March 2010?

No problem, the good folks at the PRC (Chinese Embassy) have it and will share its contents if you ask politely.

Missilengr on January 27, 2016 at 6:28 PM

that, replace with “the”

GAlpha10 on January 27, 2016 at 6:29 PM

And Tialoc…quit playing dumb.

Not to worry, he, or whatever he identifies as, isn’t playing dumb.

F X Muldoon on January 27, 2016 at 6:42 PM

Some of the emails Mills sent and received on the account contain information that the State Department has retroactively determined to have classified information.

In one such email, from Dec. 24, 2009, Clinton forwarded Mills a message she had received from Johnnie Carson, then the Assistant Secretary of State for African Affairs, who provided details from a conversation he had with French foreign minister Bernard Kouchner about a situation in Guinea.

This information was classified at the time and would have been by State since that is where the information originated from. The reason why it is shown to be classified now is because it was released to the public.

I have been saying this since the beginning. ALL of Hillary’s communications with foreign dignitaries in relation to her job are classified. Period.

Redaction Codes

The declassified documents will usually contain redactions, which indicate portions that contain information not releasable to the public. Each redaction will be associated with a redaction code, which gives the reason for why the information cannot be released. Redaction codes fall under three general categories.

First, for information contained in records under 25 years old, one or more of the classification categories from section 1.4 of the Order will be applied. These categories are:

1.4 (a) Military plans, weapons systems, or operations

1.4 (b) Foreign government information

1.4 (c) Intelligence activities (including covert action), intelligence sources or methods, or cryptology

1.4 (d) Foreign relations or foreign activities of the United States, including confidential sources

1.4 (e) Scientific, technological, or economic matters relating to the national security

1.4 (f) United States Government programs for safeguarding nuclear materials or facilities

1.4 (g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security

1.4 (h) The development, production, or use of weapons of mass destruction

All of those highlighted would be reasons for a redaction by State. The all encompassing would be 1.4 (d) as all it says is “foreign relations” of the United States. That is what her job is.

Why or how the most obtuse left leaning idiots on here refuse to see that simple matter is beyond the pale.

Patriot Vet on January 27, 2016 at 6:46 PM

She lost it before or after she lawyer-ed up?

jake49 on January 27, 2016 at 6:47 PM

Someone who breaks the law, is guilty of breaking the law. Simple concept. The fact that they haven’t been convicted of breaking the law is immaterial.

Maybe we should look at the definition of “guilty”: having committed an offense, crime, violation, or wrong, especially against moral or penal law. Hmmm. No mention of being found culpably responsible by a judge or jury.

She’s guilty. Now to find an ounce of ethic and integrity within the DOJ so we can get the evidence before a Grand Jury so she can be indicted and brought to trial.

One problem though. Isn’t she entitled to be judged by a jury of her peers? Where on earth will we find twelve people as evil, malicious, corrupt as HRC? Emelda Marco is dead, as is her husband. Fidel Castro? Joseph Stalin? Leona Helmsley? Mohamed Suharto? Rats, all dead. Maybe we could coax Marc Rich to come back for the trial, although he may not be impartial.

GAlpha10 on January 27, 2016 at 6:48 PM

Are you sure, because nobody seems to be taking your supposed violations seriously.

Tlaloc on January 27, 2016 at 5:48 PM

FBI, IC, and IG = Nobody.

There are more than 100 FBI agents investigating the matter alone.

Lime in the Coconut on January 27, 2016 at 6:49 PM

Emelda Marco is dead, as is her husband. Fidel Castro? Joseph Stalin? Leona Helmsley? Mohamed Suharto? Rats, all dead. Maybe we could coax Marc Rich to come back for the trial, although he may not be impartial.

GAlpha10 on January 27, 2016 at 6:48 PM

Fidel’s many deaths have – unfortunately – been greatly exaggerated.

Lime in the Coconut on January 27, 2016 at 6:51 PM

ALL of Hillary’s communications with foreign dignitaries in relation to her job are classified. Period.

Patriot Vet on January 27, 2016 at 6:46 PM

Communications with AND ABOUT foreign dignitaries are born classified.

Lime in the Coconut on January 27, 2016 at 6:52 PM

Lime, yes they are. And here are the codes for the December 2009 email:

Classified by DAS, A/GIS, DoS on 07/30/2015 — Class: CONFIDENTIAL — Reason: 1.4(B), 1.4(D) — Declassify on: 12/24/2024

They blocked the whole thing out almost. If Hillary had no idea that her conversations about sensitive matters of state were considered classified, then she has no clue what would be classified as president.

Patriot Vet on January 27, 2016 at 7:01 PM

Nothing like using a 60 year old reference to drive home that your party is graying.

Tlaloc on January 27, 2016 at 5:47 PM

The stupid is strong in this one.

Missilengr on January 27, 2016 at 7:01 PM

I keep lying and saying Tiaioc is desperately clinging to the argument of “no indictment = no wrongdoing.”

blink on January 27, 2016 at 6:44 PM

FIFY

Tlaloc on January 27, 2016 at 7:13 PM

FBI, IC, and IG = Nobody.

There are more than 100 FBI agents investigating the matter alone.

Lime in the Coconut on January 27, 2016 at 6:49 PM

Investigating the matters he listed? No, I don’t think they are actually.

Tlaloc on January 27, 2016 at 7:14 PM

The stupid is strong in this one.

Missilengr on January 27, 2016 at 7:01 PM

*shrug*
It’s fine with me if you guys decide to drive home the point that you are, how should I put it, well aged and out of step with anyone born in the last half century.

Tlaloc on January 27, 2016 at 7:15 PM

It’s fine with me if you guys decide to drive home the point that you are, how should I put it, well aged and out of step with anyone born in the last half century.

Tlaloc on January 27, 2016 at 7:15 PM

We repeatedly have it pounded into us multiple times a year what is classified and what is not and how classified info has to be handled and about the penalties for mishandling it are. This is not ancient history, it is current law and practice. This is not a throwback to the cold war as you imply. It may be our consulate in Benghazi was attacked when the ambassador was there because that fact was on Hillary’s private server. They did not get that coordinated attack on the consulate followed by the attack on the CIA annex together in just a day. It took planning and time. They needed intel to do it. Where did they get it? Keeping our secrets safe is a real world real time thing not something we do not have to worry about anymore. Hillary knows all of this but chose to ignore it so she could hide what she was doing from freedom of information act requests or criminal investigations.

KW64 on January 27, 2016 at 7:59 PM

This is not a throwback to the cold war as you imply.

KW64 on January 27, 2016 at 7:59 PM

I was referring to AWK’s rosenberg reference which is exactly a throwback to the cold war, and even more to the early cold war.

Tlaloc on January 27, 2016 at 8:02 PM

Investigating the matters he listed? No, I don’t think they are actually.

Tlaloc on January 27, 2016 at 7:14 PM

The emails, the server, and they have expanded into matters concerning the Clinton Foundation, whose server was connected to Hillary’s unauthorised, unsecured server.

Lime in the Coconut on January 27, 2016 at 8:08 PM

Lime in the Coconut on January 27, 2016 at 8:08 PM

He’s not listening. In the words of Lieutenant General Russel L. Honoré, “He’s stuck on stupid”.

GAlpha10 on January 27, 2016 at 8:12 PM

Nothing like using a 60 year old reference to drive home that your party is graying.

Tlaloc on January 27, 2016 at 5:47 PM

well aged and out of step with anyone born in the last half century.

Tlaloc on January 27, 2016 at 7:15 PM

Says the same people who wax poetic about how awesome the marginal tax rates were during that exact same period in history.

The Schaef on January 27, 2016 at 8:24 PM

Nothing like using a 60 year old reference to drive home that your party is graying.

Tlaloc on January 27, 2016 at 5:47 PM

You’re right. Hillary Clinton (69) and Bernie Sanders (73) are in the flush of youth.

Lime in the Coconut on January 27, 2016 at 9:10 PM

This sure puts all the Valerie Plame nonsense in perspective, doesn’t it?

inmypajamas on January 27, 2016 at 9:30 PM

“Lost.” Uh-huh.

mojo on January 27, 2016 at 11:23 PM

The State Department has retroactively classified more than 1,300 emails housed on Clinton’s private server

Still pushing that lie, huh?

GWB on January 28, 2016 at 10:57 AM

Stupid of her because unless she completely destroyed it, it can still be traced. That, my dear stupid, is why electronics are good and bad. Suddenly lost confirms what we know – the whole Hillary and Bill Clinton staff are just as evil and/or afraid they will die if what they know and have is found/released – think about all those dead bodies in the Clintons’ history!

Roselle on January 28, 2016 at 11:50 AM

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