Sorry, but ALL classified material is marked, both at the top and the bottom, and is sometimes stamped "NOFORN", meaning that it cannot even be shared with our allies.
If a document is unmarked, it is considered to be unclassified. Sometimes, in the message traffic, unclassified documents will be marked as unclassified both top and bottom.
If the document was not marked, then it was not classified. If it was marked, it is classified, regardless of the information in it. If it contains sensitive information, it must be marked at the time of transmission, but, sometimes the information is deemed to be sensitive at a level different than the person who sent it.
How do I know about classified documents? I was a U.S. Navy Personnelman for over 20 years.
How many classified documents are emailed everyday, that shouldn't have been emailed?
Not trying to pick a fight, I'm just curious if that happens a lot
If your office is running right, never. I never had a single security incident, nor were there ever any security incidents at any command that I ever worked at, because we made sure we followed all the rules concerning classified information.
However..............like I said..................there IS a possibility that you can send a document that doesn't contain classified information (at least at your level), but later, when it goes further up the chain, they can determine it to be classified if they think it can lead to other things, and then messages are sent to tell everyone that the document is now classified are sent.
If Hillary didn't know the information was classified at the time she did the e-mails (it happens once in a while), she's in the clear. However, if it can be proven that she knew prior to sending it that the information in it was classified, she's screwed.