Poor management
- NOT illegal but not a good trait for a Presidential nominee
Violation of 18 USC 1924: Unauthorized removal, handling, and retention / storage of classified documents or material
-- Having classified information in her possession after leaving the State Department
-- Improper storage of classified information: 1) Server was improperly set up according to governing laws/regulations, 2) Highly classified information carried around on a thumb drive
-- Server containing highly classified info being held by an IT company that did not have a proper (according to the law) storage facility for the server and who did not have the proper security clearance to maintain the server.
"Classified emails on Hillary Clinton's personal server, and a back-up copy on a thumb drive held by her lawyer David Kendall, appear to be a violation of the U.S. code governing the unlawful removal and storage of classified information, according to a leading national security lawyer."
Violating U.S. Code § 793, Section (f) - Gathering, transmitting or losing defense information
"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."
- If it is found that 'Guccifer' actually hacked Hillary's server and gained access to her server, Hillary could be charged with this.
- The IG reported that on 2 separate occasions Hillary's IT Tech physically shut down her server because one was attacking (had hacked her server) her server in an attempt to deny the intruder from accessing files, however, the IT Tech failed to report the incidents to the proper authorities as required by rules / guidelines. THIS could be interpreted as 'having knowledge that the information had been illegally hacked / removed'. Something tells me he did not report it because it would reflect negatively on Hillary's owning her own server, and he was HOPING the hacker got nothing.
Violation of Obama administration policy
- Clinton email policy violated Obama administration guidance
Violation of State Department policy
- State Dept. watchdog: Clinton violated email rules
- Prohibited routine use of personal email accounts for primary government work, a regulation in force during Hillary Clinton’s tenure as secretary of state
Violating State Department Policy II by not giving over emails when she left office.
- This is also a violation of the rules put in place for and of the FOIA.
"Secretary Clinton should have preserved any Federal records she created and received on her personal account by printing and filing those records with the related files in the Office of the Secretary. At a minimum, Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service and, because she did not do so, she did not comply with the Department's policies that were implemented in accordance with the Federal Records Act."
- Again, the State Department spells out that Hillary did not comply with rules regarding preserving government records as required by the FOIA, ie she violated the FOIA. The State Department also makes it a point to state she violated the Federal Records Act.
Illegal possession of classified material. The State Department points out that all State Department-related materials / information / associated-documents were required to be handed over to the State Department. Hillary refused to do so. Once she left the State Department she no longer had a need to know or need to access any classified information, especially the highly TS classified compartmentalized program materials found in her possession. It is ILLEGAL for her, a civilian at this point, for her to have those in her possession...and it sure as hell is illegal for her lawyer who has no security clearance to be walking around with that material on a thumb drive.
Violation of the FOIA
- Watchdog: Hillary Clinton Violated State Dept. Policies By Using Private Email
Violation of the Federal Records Act
- State Dept. watchdog: Clinton violated email rules
Criminal negligence, as acknowledged by Obama, under the Espionage Act
- U.S. Code § 793, Section (f)
- 18 U.S. Code § 793 - Gathering, transmitting or losing defense information
Obama Declares Hillary 'Careless' in Regards To E-mails
- Obama Dings Hillary on Email Scandal
"His efforts to minimize his former secretary of state's diversion of emails from government-secured servers to her own non-secure home server by calling it "careless" may actually harm her in the eyes of the public or even serve as a dog whistle to the FBI."
- Potential 'gross negligence', a crime under the Espionage Act
AGAIN,
For all the Libs who have been continuously screaming that Hillary did nothing wrong, broke no rules, THE STATEMENT DEPARTMENT JUST SAID, 'YOU'RE WRONG!'
State Department audit faults Clinton on emails, says she broke records rules | Fox News
State Dept. audit faults Clinton for email mismanagement
Napolitano: Audit faulting Clinton on emails is 'huge'
