let's go over what can be logically inferred and what can be derived from federal law.
- As Secretary of State, Clinton had the highest security clearance possible: Special Access Programs (SAP).
- Clinton was authorized to and responsible for classifying information herself, which is reserved for very few people. As such, her public excuse that her emails were 'classified after the fact' does not hold water. She herself was responsible for analyzing thecontent of documents and judging their classification, not relying on whether others had labeled it 'classified'. Since she only used her private server, she must have sent and received all levels of classified information over it, a fact discovered during the FBI's investigation.
- It is not possible for her private server to have been equipped with legally-required encryption, security measures, enhanced controls, and surveillance countermeasures, because these methods of safeguarding information are, themselves, classified and not available outside the government.
- Clinton's exchanges with Sidney Blumenthal are especially problematic for her (and him) for several reasons. First, nearly all of their emails qualify as 'classified,' since they contain information about foreign governments. Second, Blumenthal was also using a private email address, so was not equipped to receive classified information. Nor did he have a security clearance, since he wasnot a government employee. Finally, Blumenthal was engaged in espionage as a private citizen, intercepting foreign communications not meant for him, and passing them on to Clinton. Here, we leave the CFR and enter the US Criminal Code (cf. 18 USC 798).
- Also per both USC and CFR, Clinton's deletion of emails gets her into serious trouble for improper declassification, allowing aprivate citizen access to classified information, and transmitting it over an unsecured server to an unsecured server.
- Last, Clinton's deletion of emails is a criminal offense under the USC.
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