• Was It All Just Pilot Error? IG Report Says No Political Bias Found in FBI Investigation of Clinton Email

    June 21, 2018 // 25 Comments »



    What everyone will agree on: Comey and the FBI interfered with the election. What everyone will not agree on: Everything else.

    It will be easy to miss the most important point amid the partisan bleating over what the Department of Justice Office of Inspector General report on the FBI’s Clinton email investigation really means. While each side will find the evidence they want to find that the FBI, with James Comey as Director, helped/hurt Hillary Clinton’s and/or maybe Donald Trump’s campaign, the real takeaway is this: the FBI influenced the election of a president.

    In January 2017 the Inspector General (IG) for the Department of Justice, Michael Horowitz (who previously worked on the 2012 study of the Obama-era gun operation Fast and Furious), opened his probe into the FBI’s Clinton email investigation, including statements by Comey made about that investigation at critical moments in the presidential campaign. Horowitz’s focus was always to be on how the FBI did its work, not to re-litigate the case against Clinton. Nor did the IG plan to look into anything Russiagate.

    In a damning passage, the 568 page report found it “extraordinary and insubordinate for Comey to conceal his intentions from his superiors… for the admitted purpose of preventing them from telling him not to make the statement, and to instruct his subordinates in the FBI to do the same… by departing so clearly and dramatically from FBI and department norms, the decisions negatively impacted the perception of the FBI and the department as fair administrators of justice.” Comey’s drafting of a press release announcing no prosecution for Clinton, written before the full investigation was even completed, is given a light touch though in the report, along the lines of roughly preparing for the conclusion based on early indications. We also learned Comey ironically used private email for government business.

    Attorney General Loretta Lynch herself is criticized for not being more sensitive to public perceptions when she agreed to meet privately with Bill Clinton aboard an airplane as the FBI investigation into Hillary unfolded. “Lynch’s failure to recognize the appearance problem… and to take action to cut the visit short was an error in judgment.” Her statements later about her decision not to recuse further “created public confusion and didn’t adequately address the situation.”

    The report also criticizes in depth FBI agents Peter Strzok and Lisa Page, who exchanged texts disparaging Trump, and then moved from the Clinton email to the Russiagate investigations. Those texts “brought discredit” to the FBI and sowed public doubt about the investigation, including one exchange that read “Lisa Page: “[Trump’s] not ever going to become president, right? Rights?! Peter Strzok: “No. No he’s not. We’ll stop it.” Another Strzok document stated “we know foreign actors obtained access” to some Clinton emails, including at least one secret message.”

    Page and Strzok also discussed cutting back the number of investigators present for Clinton’s in-person interview in light of the fact she might soon be president, their new boss. Someone identified only as Agent One went on to refer to Clinton as “the President” and in a message told a friend “I’m with her.” The FBI also allowed Clinton’s lawyers to attend the interview, even though they were also considered witnesses to a potential set of crimes committed by Clinton.

    Page and Strzok were among five FBI officials the report found expressed hostility toward Trump before his election as president, and who have been referred to the FBI’s internal disciple system for possible action. The report otherwise makes only wishy-washy recommendations, things like “adopting a policy addressing the appropriateness of Department employees discussing the conduct of uncharged individuals in public statements.”

    Attorney General Jeff Sessions indicated he will review the report for possible prosecutions. The IG previously referred former FBI Deputy Director Andrew McCabe for possible prosecution after an earlier report found McCabe leaked to the press and later “lacked candor” when speaking to Comey and federal investigators. Sessions fired McCabe him in March 2018.

    But at the end of it all, the details really don’t matter, because the report found no political bias, no purposeful efforts or strategy to sway the election. In aviation disaster terms, it was all pilot error. An accident of sorts, as opposed to the pilot boarding drunk, but the plane crashed and killed 300 people anyway.

    The report is already being welcomed by Democrats — who feel Comey had shattered Clinton’s chances of winning the election by reopening the email probe just days before the election — and by Republicans, who feel Comey let Clinton off easy. Many are now celebrating it was only gross incompetence, unethical behavior, serial bad judgment, and insubordination that led the FBI to help determine the election. No Constitutional crisis. A lot of details in those 568 pages to yet fully parse, but at first glance there is not much worthy of prosecution (though IG Horowitz will testify in front of Congress on Monday and may reveal more information.) Each side will point to the IG’s conclusion of “no bias” to shut down calls for this or that in a tsunami of blaming each other. In that sense, the IG just poured a can of jet fuel onto the fires of the 2016 election and walked away to watch it burn.

    One concrete outcome, however, is to weaken a line of prosecution Special Counsel Robert Mueller may be pursuing. To say Comey acted incompetently during the election, albeit in ways that appear to have helped Trump, does not add to the argument he is otherwise competent, on Russia or any other topic. An FBI director willing to play in politics with an investigation is simply that, an FBI director who has abandoned the core principles of his job and can’t be trusted. Defend him because it was all good natured bad judgment doesn’t add anything healthy to the question of competency.

    Mueller has just seen a key witness degraded — any defense lawyer will characterize his testimony as tainted now — and a possible example of obstruction weakened. As justification for firing Comey, the White House initially pointed to an earlier Justice Department memo criticizing Comey for many of the same actions now highlighted by the IG (adding later concerns about the handling of Russiagate.) The report thus underscores one of the stated reasons for Comey’s dismissal. Firing someone for incompetence isn’t obstructing justice; it’s the boss’ job.

    It will be too easy, however, to miss the most important conclusion of the report: there is no longer a way to claim America’s internal intelligence agency, the FBI, did not play a role in the 2016 election. There is only to argue which side they favored and whether they meddled via clumsiness, as a coordinated action, or as a chaotic cluster of competing pro- and anti- Clinton/Trump factions inside the Bureau. And that’s the tally before anyone brings up the FBI’s use of a human informant inside the Trump campaign, the FBI’s use of both FISA warrants and pseudo-legal warrantless surveillance against key members of the Trump team, the FBI’s use of opposition research from the Steele Dossier, and so on.

    The only good news is the Deep State seems less competent than we originally feared. But even if one fully accepts the IG report’s conclusion all this — and there’s a lot — was not intentional, at a minimum it makes clear to those watching ahead of 2020 what tools are available and the impact they can have. While we continue to look for the bad guy abroad, we have already met the enemy and he is us.



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    Some Important Things That Really Do Matter About Hillary Clinton

    August 31, 2016 // 24 Comments »

    hillary


    Even if everyone does it, that does not make it right. That excuse did not work for you in 6th grade when you were caught smoking in the girl’s room and it should not be accepted from a presidential candidate or her supporters in the media.

    Many politicians do crappy things. That is not an excuse for you to also do them. See above.

    “Well, at least I wasn’t indicted” is not a very high standard for the presidency.

    “There is no proof of quid pro quo.” What do you mean by proof? A notarized statement “This guy gave us money, so let’s sell him weapons?” Reality doesn’t work that way so spare us the strawman argument. Phone calls are made. Conversations happen. Minions learn quickly what their boss wants. People at the Clintons’ level rarely leave paper trails behind and when they do, they delete them before the FBI arrives to pick up the server.

    If someone offers you millions of dollars for essentially no work (i.e., a speech) they are going to want something in return. If you want more money, you will need to give something to them.

    “All they wanted was a meeting with the secretary to offer their views.” Sure, maybe. But in Washington the currency is closeness to power. For a wealthy person, buying just material things loses its charm after a while. They buy access, they buy the appearance of power, they buy chances to take those photos of themselves with prominent world leaders all rich people have on their walls. You look like a sap, arm candy in return for cash. Quid pro quo can mean a meeting, a visa issued, an arms deal made.

    How do you feel when you find out your doctor prescribed you medication from a pharmaceutical company that paid him large speaking fees? Appearances do matter and it is likely that such money does not impact judgement.



    Follow the money. Always follow the money.


    If the secretary of state’s name is Clinton and the foundation receiving the money is named Clinton, they are part of the same thing.

    If you put classified material on an unclassified server, that is wrong. It exposes that material to America’s adversaries. Presidents should simply not do that. No one else in government has ever knowingly been allowed to do that.

    There is such a thing inside the U.S. government called retroactive classification. You may not like it, and you may have convinced sops in the media to pretend with you it does not exist, but it is real. I’ll Google it for you, here, and here. Retroactive classification was tested at the Supreme Court level; see DEPARTMENT OF HOMELAND SECURITY v. MACLEAN. Someone please call CNN and pass them those links.

    The Clinton Foundation as a charity has done some good deeds. But do not conflate those with its role as a money laundering tool. The two are very separate functions of the same organization. And you can have the first without the second. In fact, that’s how good charities work.

    Avoiding even the appearance of unethical behavior is important. Persons throughout the government watch what their senior leaders do as signals as to what they can get away with. Leadership matters, and that means staying clean and making sure everyone sees that you are clean. You lead by example, one way or the other.

    When global leaders come to wonder if you can be bought off for some “donations,” they will either lose respect for you, or want to buy you off themselves. They will not simply ignore it.

    Putin could really not give a sh*t which assclown is elected president. He’ll go on acting in his country’s best interests no matter who is in the White House, as he has done through multiple administrations already. Get over yourself.

    Hiding from the press and not holding press conferences seems like the behavior of a petulant six-year-old.

    It is not leadership nor is it presidential to be caught as a liar and a prevaricator on a regular basis. People do not trust you; not voters, not the Congresspeople you will need to work with, not other world leaders you will have to negotiate with.

    The lesser of two evils is still evil. Why do you want to knowingly vote for evil?




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    Did Russian Intelligence Hack the DNC Servers?

    July 26, 2016 // 42 Comments »

    russianbear

    Short answer: nobody knows, but the media is treating it as a fact based primarily on a single technical source employed by the Democratic National Committee. I read the source’s publically available explanation. Here’s what I found.

    A Quick Taste of Media Conclusions

    Despite a line in paragraph five saying “Proving the source of a cyberattack is notoriously difficult,” the New York Times offers the following statements.

    — “researchers have concluded that the national committee was breached by two Russian intelligence agencies;”

    — “Though a hacker claimed responsibility for giving the emails to WikiLeaks, the same agencies are the prime suspects;”

    — “Whether the thefts were ordered by Mr. Putin, or just carried out by apparatchiks who thought they might please him, is anyone’s guess.”

    — “It is unclear how WikiLeaks obtained the email trove. But the presumption is that the intelligence agencies turned it over, either directly or through an intermediary. Moreover, the timing of the release, between the end of the Republican convention and the beginning of the Democratic one, seems too well planned to be coincidental.”

    There’s more, but you get the picture. The article also quotes Clinton staffers citing unnamed experts and researchers.

    Who Are These Experts?

    The only experts cited work for a company hired by the Democratic National Committee to investigate the hack. There is no indication of any neutral third party investigation. The company, Crowdstrike, issued a publicly available report on what they found.

    The report title makes clear the company’s conclusion: Bears in the Midst: Intrusion into the Democratic National Committee.


    What Does the Report Say?

    The report has some technical explanations, but focuses on conclusions that seem to be at best presumptions, despite the media treating them as fact.

    — The key presumptive conclusion seems to be that the sophistication of the hacks points to a nation-state actor. “Their tradecraft is superb, operational security second to none and the extensive usage of ‘living-off-the-land’ techniques enables them to easily bypass many security solutions they encounter. In particular, we identified advanced methods consistent with nation-state level capabilities.”

    — The hackers, two separate entities Crowdstrike says worked independently, used techniques known to be used by Russians. Better yet, with no evidence at all presented, Crowdstrike concludes, “Both adversaries engage in extensive political and economic espionage for the benefit of the government of the Russian Federation and are believed to be closely linked to the Russian government’s powerful and highly capable intelligence services.” Also, for one of the alleged hackers, “Extensive targeting of defense ministries and other military victims has been observed, the profile of which closely mirrors the strategic interests of the Russian government.”

    — By the end of the report Crowdstrike is just plain out called the hackers “Russian espionage groups.”

    FYI: Fidelis, another cybersecurity company, was hired by Crowdstrike to review the findings. Fidelis worked exclusively and only with data provided by Crowdstrike (as did several other companies.) Fidelis They concluded the same two hackers, COZY BEAR and FANCY BEAR APT, committed the intrusion, but made no comments on whether those two were linked to the Russian government.


    Um, Valid Conclusions?

    Despite the citing with certainty of experts and researchers by the media and the Clinton campaign, the only such expert who has made any findings public has basically thrown out little more than a bunch of presumptions and unsubstantiated conclusions.

    Left undiscussed are:

    — the commonality of hackers using “false flags,” say where an Israeli hackers will purposely leave behind false clues to make it seem that a Hungarian did the work. As one commentator put it sarcastically “The malware was written in Russian? It was a Russian who attacked you.
    Chinese characters in the code? You’ve been hacked by the Peoples Liberation Army.”

    — the question of if the hackers were “Russians,” can anyone tie them to the Russian government? Joe Black Hat breaking into some system in Ireland may indeed be an American person, but it is quite a jump to claim he thus works for the American government.

    — there is also a significant question of motive. For Putin to be the bad guy here, we have to believe that Putin wants Trump in power, bad enough to risk near-war with the U.S. if caught in the hack, and bad enough to really p.o. Clinton who will be nominated this week anyway, and hoping of course that evidence of dirty tricks by the DNC released in July will be enough to defeat her in November. That’s a real s-t-r-e-t-c-h, Sparky.

    — other than those private persons who hack for their own entertainment or personal political beliefs, most work for money. They steal something and sell it. Information from the DNC system would find an easy buyer.

    — Who might be intersted in buying these emails? Along the range of actors who would benefit from exposing these emails, why would the Russians come out on top? Perhaps the Republicans? China? Pretty much any of the many enemies the Clintons have amassed over the years? Hell, even Bernie Sanders, whose complaints about the DNC were validated by the email release. The suspects based on motive alone make up a very long list.



    Learning More

    For some intelligent analysis suspicious that the DNC hack was a Russian intelligence job, try this.

    For some more technical information on one of the alleged DNC infiltrators, here you go.




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    Four Important Things the FBI Didn’t Say About Hillary Clinton’s Email

    July 6, 2016 // 24 Comments »

    hillaryskates


    My thoughts on the FBI’s decision not to indict Hillary Clinton over her mishandling of classified information are posted elsewhere today.

    Have a look at Reuters.com to see what I have to say!








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    State Department Says It Will Take 75 Years to Release All Requested Clinton Emails

    June 10, 2016 // 12 Comments »

    Mac Beaulieu



    The State Department this week, apparently with a straight face, defended its claim that releasing all the emails sought by the Republican National Committee (RNC) would take 75 years.

    “It’s not an outlandish estimation, believe it or not,” spokesman Mark Toner told reporters. “It’s an enormous amount of FOIA [Freedom of Information Act] requests,” he added. “Very broad and very complex.”

    The RNC has sued the State Department seeking all emails to or from Clinton’s former chief of staff, Cheryl Mills, senior adviser Jacob Sullivan and undersecretary for management Patrick Kennedy from 2009 to 2013. The State Department has claimed that the result would yield roughly 1.5 million pages of documents that it and other federal agencies would need to go through page by page.

    The Department claimed in a court filing last week trying to kill the RNC lawsuit that the emails are “complex” and include “classified documents and interagency communications that could have to be referred to other agencies for their review.”

    Because the State Department expected that it could process roughly 500 pages per month, processing all 450,000 pages would take 900 months, or 75 years.


    FUN POINTS:

    — If Clinton had not used her private server while in office, any FOIA requests for her documents would have been processed all along from 2009 forward, instead of being clumped into a huge pile just months before the election. If blocking FOIA was indeed her goal (it was), she did an excellent job.

    — Also, that bit about “classified documents and interagency communications that could have to be referred to other agencies for their review” is kinda noteworthy given that any emails to and from Clinton traveled via unclassified means. But whatever.

    — Lastly, it is sort of quaint that State’s estimated processing time seems based on the assumption that however many people are now working on the FOIA review will not increase despite increased demand and despite the delays being caused by Clinton’s own decision to not use official email.



    I gotta say, State is really betting the farm, the cow and the corn on this one, hoping Clinton is elected and that most of this will just fade away, or really be sucked down a 75 year long tunnel as the Republicans hold hearings until the end of time. Because a Republican administration would basically at this point gut the State Department and turn the main building into a Trump mini-mall.

    But wait, seriously, 75 years? How the hell can a spokesperson say those things without a room full of reporters throwing their pens at him?


    BONUS: But it’s just a fishing expedition, says every Hillary supporter. To which one must consider saying, f*ck you. The Freedom of Information Act requires the government to turn over records for whatever purpose. There is no part of the Act that allows anyone to judge the reason for the request, so just go away and shut up, because you’ll vote for her even if she skins a puppy alive on the Jimmy Fallon show. The rest of us still are in possession of our critical thinking skills for the time being.

    Graphic courtesy of friend of the blog Mac Beaulieu




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    Memo to the President Regarding the Hillary Clinton Email Server

    May 29, 2016 // 19 Comments »

    obama and clinton


    The following memo was written by a group of U.S. intelligence, diplomatic, and military veterans, calling on President Obama to expedite the FBI review of former Secretary of State Clinton’s alleged email security violations so the public can assess this issue in a timely fashion.

    Clinton’s judgement — never mind the significant question of legality — is an important criterion which Americans must consider in choosing their next president.

    Yeah, it is long, but sometimes important things are complex, and need to be explained clearly. That is especially true in the case of the Clinton Emails, where the media has failed in its job of explaining how classification works, and the significance of exposing classified material.

    I am a member of the group that drafted this memo, and proudly signed it before it was sent to the White House.

    MEMORANDUM FOR: The President

    FROM: Veteran Intelligence Professionals for Sanity

    SUBJECT: Those “Damn Emails” – “Really a Concern”


    Introduction

    Last Wednesday Robert Gates, CIA Director under President Bush-41 and Defense Secretary under President Bush-43, publicly commented that Secretary Hillary Clinton’s “whole email thing … is really a concern in terms of her judgment,” adding, “I don’t know what originally prompted her to think that was a good idea.”

    What originally prompted her does not matter. As your Secretary of State and your subordinate, she willfully violated laws designed to protect classified information from unauthorized disclosure. It may be somewhat difficult for those not as immersed in national security matters as we have been to appreciate the seriousness of the offense, including the harm done in compromising some of the most sensitive U.S. programs and activities. This is why we write.

    Pundits and others are playing down the harm. A charitable interpretation is that they have no way to gauge what it means to expose so much to so many. We do know, and our overriding concern is to protect the national security of our country from further harm. It would be a huge help toward this end, if you would order Attorney General Loretta Lynch to instruct the FBI to stop slow-walking the email investigation and release its findings promptly.

    If you choose, instead, to give precedence to politics over national security, the American people will be deprived of timely appreciation of the gravity of the harm done; national security officials who do follow the rules will be scandalized; FBI investigators will conclude that that their job is more political than professional; and the noxious impression will grow that powerful people cannot be held accountable when they break the law. Worse: if the results of the FBI investigation remain under lock and key, dangerous pressures are likely to be exerted on the most senior U.S. officials by those who have the key – as we explain below.

    We the undersigned Veteran Intelligence Professionals for Sanity (VIPS) have spent 400 years working with classified information – up to and including TOP SECRET, Codeword, and Special Access Programs (SAP). Given that experience, we believe that much of the commentary on the former Secretary of State Hillary Clinton email controversy has been misplaced, focusing on extraneous issues having little or nothing to do with the overriding imperative to protect classified information.

    As intelligence, military, and foreign service professionals, we are highly aware not only of that compelling need, but also of the accompanying necessity to hold accountable those whose actions compromise – whether for reasons of convenience or espionage – sensitive operations, programs and persons. In addition, we know that successful mutual cooperation with foreign intelligence services depends largely on what they see as our ability to keep secrets secret.

    Background

    Last August, Secretary Clinton handed over her private email server to the FBI, five months after she acknowledged she had used it for work-related emails as Secretary of State. She admitted to having deleted about 31,000 emails she described as personal. Media reports last fall, however, indicated that the FBI was able to recover the personal emails, and was reviewing them, as well as the 30,000 others she had described as work-related.

    In January, the Department of State announced that, of the 30,000 work-related emails, at least 1,340 contained classified material. The Department retroactively classified 22 of those TOP SECRET and prevented their release. Among the 22 were some that, according to media reports, included information on highly sensitive Special Access Programs (SAP).

    The White House has said it will do nothing to impede the FBI investigation and possible filing of charges against Clinton, if the facts should warrant that kind of action. Inasmuch as the outcome of the investigation is bound to have major political consequences, such White House assurances stretch credulity.

    By all indications, the FBI is slow-walking the investigation and mainstream media are soft-pedaling the issue. As things now stand, most Americans remain unaware of the import of this industrial-scale compromise of very sensitive national security information in Secretary Clinton’s emails.

    Our concern mounted in January when the Inspector General of the intelligence community wrote to the chairs of the congressional intelligence committees that he had received from one of the intelligence agencies two “sworn declarations” asserting that Secretary Clinton’s emails contained not only CONFIDENTIAL and SECRET information, but also information at the TOP SECRET/SAP level.

    In 2009, you signed an Executive Order regarding SAP (Special Access Programs), so we assume you were briefed on their extremely high sensitivity and the consequent need to sharply limit the number of people allowed to be “read-in” on them. The mishandling of SAP information can neutralize intelligence programs costing billions of dollars, wreck liaison relationships assiduously cultivated for decades, and get a lot of people killed.

    ‘It Wasn’t That Bad’

    All those directly or peripherally involved in the investigation of the Clinton email issue know very well that it could have a direct impact on who is likely to become the next President of the United States, and they will be making decisions with that reality in mind. They know that it is with you that “the buck stops,” and they are sensitive to signs of your preferences. Those were not difficult to discern in your commencement address at Howard University on May 7, in which you strongly advocated the same basic policy approaches as those espoused by one Democratic presidential candidate – Hillary Clinton.

    Your White House has also made excuses for deliberate security violations by Secretary Clinton that would have gotten senior officials like us fired and probably indicted. We look with suspicion at what we see as contrasting and totally inappropriate attempts by the administration and media to play down the importance of Secretary Clinton’s deliberate disregard of basic security instructions and procedures.

    It appears that the option chosen by the White House is using the declared need for “thoroughness” to soft-pedal and delay completion of the investigation for several more months, while the corporate media sleeps on. Four months have already gone by since the smoking-gun-type revelations in the intelligence community Inspector General’s letter to Congress, and it has been well over a year since Secretary Clinton first acknowledged using an insecure email server for official business.

    Another claim emanating from your White House is that Clinton was careless in managing her emails and has admitted as much, but that she has not damaged American national security. She has called it a “mistake,” but security officials of the National Security Agency explicitly forewarned her against violating basic laws and regulations designed to prevent the compromise of classified information.

    NSA, FBI Have Enough Evidence

    Surely, enough time has passed, and enough material has been reviewed, to permit a preliminary damage assessment. The NSA has the necessary information and should, by now, have shared that information with the FBI. Secretary Clinton’s server in her house in Chappaqua, New York, was not a secured device. Her email address incorporated her initials, “hdr” (apparently for her maiden name, Hillary Diane Rodham). It also included the “clinton” server identity, so it was easy for a hacker to spot.

    Anyone with the proper equipment, knowledge and motivation might have been able to obtain access. That is what hackers are able to do, with considerable success, against government servers that are far better protected than the private email server located in her New York State home.

    In fact, there have been reports that Secretary Clinton’s emails were, indeed, hacked successfully by foreigners. The Romanian hacker who goes by the name Guccifer claimed earlier this month that he had repeatedly hacked her email server. He described the server as “like an open orchid on the Internet” and that “it was easy … easy for me, for everybody.” Guccifer has been extradited from Romania and is now in jail in Alexandria, Virginia, where the FBI is said to be questioning him on the emails. There have also been credible claims that Russian intelligence and other foreign services were able to hack the Secretary’s server.

    Another argument being surfaced, in a transparent attempt to defend Secretary Clinton, has to do with intent. It is said that she did not intend to have classified information on her computer in New York and had no intention of handling secret material in a way that would be accessible to foreign intelligence or others lacking the proper security clearances and the need-to-know.

    But while intent might be relevant in terms of punishment, it does not change the fact that as a member of the Senate Armed Services Committee, then Senator Clinton had clearances for classified information for years before becoming Secretary of State. She knew the rules and yet as Secretary she handled classified information carelessly after a deliberate decision to circumvent normal procedures for its safeguarding, thus making it vulnerable to foreign intelligence, as well as to criminal hackers.

    Anyone who has ever handled classified material knows that there are a number of things that you do not do. You do not take it home with you, you do not copy it and share it with anyone who does not have a clearance and a need-to-know, you do not strip off the classification marks and treat it as unclassified, and you do not transfer it to another email account that is not protected by a government server.

    If you have a secured government computer operating off of a secure server that means that what is on the computer stays on the computer. This is not a matter of debate or subject to interpretation. It is how one safeguards classified information, even if one believes that the material should not be classified, which is another argument that has been made in Clinton’s defense. Whether or not the classification is unnecessary is not your decision to make.

    Apart from the guidelines for proper handling of classified information, outlined in Executive Order 13526 and 18 U.S.C Sec. 793(f) of the federal code, there is some evidence of a cover-up regarding what was compromised. This itself would be a violation of the 2009 Federal Records Act and the Freedom of Information Act.

    Numerous messages both in New York and in Washington have reportedly been erased or simply cannot be found. In addition, the law cited above explicitly makes it a felony to cut and paste classified information removing its classification designation. Retaining such information on a private email system is also a felony. In one of Secretary Clinton’s emails, she instructed her staff simply to remove a classification and send the information to her on her server.

    So the question is not whether Secretary Clinton broke the law. She did. If the laws are to be equally applied, she should face the same kind of consequences as others who have been found, often on the basis of much less convincing evidence, guilty of similar behavior.


    Some More Equal Than Others

    Secretary Clinton’ case invites comparison with what happened to former CIA case officer Jeffrey Sterling, now serving a three-and-a-half-year prison term for allegedly leaking information to New York Times journalist James Risen. Sterling first came to the media’s attention when in 2003 he blew the whistle on a botched CIA operation called Operation Merlin, telling the Senate Intelligence Committee staff that the operation had ended up revealing nuclear secrets to Iran. When in 2006 James Risen published a book that discussed, inter alia, this amateurish cowboy operation, the Department of Justice focused on Sterling as the suspected source.

    In court, the federal prosecutors relied almost entirely on Risen’s phone and email logs, which reportedly demonstrated that the two men had been in contact up until 2005. But the prosecutors did not provide the content of those communications even though the FBI was listening in on some of them. Risen has claimed that he had multiple sources on Operation Merlin, and Sterling has always denied being involved.

    Jeffrey Sterling was not permitted to testify in the trial on his own behalf because he would have had to discuss Operation Merlin, which was and is still classified. He could not mention any details about it even if they were already publicly known through the Risen book. No evidence was ever produced in court demonstrating that any classified information ever passed between the two men, but Sterling, an African American, was nevertheless convicted by an all-white jury in Virginia based on “suspicion” and the presumption that “it had to be him.”

    The contrast between the copious evidence – some of it self-admitted – of Secretary Clinton’s demonstrable infractions, on the one hand, and the very sketchy, circumstantial evidence used to convict and imprison Jeffrey Sterling, on the other, lend weight to the suspicion that there is one law for the rich and powerful in the United States and another for the rest of us.

    Failing to take steps against a politically powerful presidential candidate and letting her off unscathed for crimes of her own making, while an institutionally unprotected Jeffrey Sterling sits in prison would be a travesty of justice not dissimilar to the gentle wrist-slap given Gen. David Petraeus for giving his mistress extremely sensitive information and then lying to the FBI about it.

    Your order to then-Attorney General Eric Holder to let Gen. David Petraeus off easy created a noxious – and demoralizing – precedent in the national security community indicating that, whatever the pains taken at lower levels to prevent compromise of duly classified information, top officials are almost never held accountable for disregarding well-established rules. These are some of the reasons we are so concerned that this is precisely the direction in which you seem to be leaning on the Clinton email issue.

    In our view, the sole legitimate reason for disclosing classified information springs from the only “oath” we all took – “to support and defend the Constitution of the United States against all enemies foreign and domestic.” When, for example, Edward Snowden saw the U.S. government grossly violating our Fourth Amendment right to be “secure” against warrantless “searches and seizures,” he gave more weight to that oath (ethicists call it a supervening value) than to the promise he had made not to disclose information that could harm U.S. national security.


    Possibly Still Worse Ahead

    You might give some thought, Mr. President, to a potentially messy side of this. What is already known about NSA’s collect-it-all electronic practices over the past several years strongly suggests that NSA, and perhaps the FBI, already know chapter and verse. It is virtually certain they know what was in Secretary Clinton’s emails – including the ones she thought she had deleted. It is likely that they have also been able to determine which foreign intelligence agencies and other hackers were able to access the emails.

    One ignores this at one’s peril. Secretary Clinton’s security violations can have impact not only on whether she becomes your successor, but also on whether she would, in that case, be beholden to those who know what lies hidden from the rest of us – perhaps even from you.

    Intelligence professionals (in contrast to the occasional political functionary) take the compromise of classified information with utmost seriousness. More important: this is for us a quintessentially nonpartisan issue. It has to do, first and foremost, with the national security of the United States.

    We are all too familiar with what harm can come from blithe disregard of basic procedures designed to protect sensitive intelligence and other national security information. Yes, the lamentable unevenness in how such infractions are handled is also an important issue – but that is not our main focus in the present context.


    The Truth Will Out

    Not all workers at the NSA or the FBI are likely to keep their heads in the sand, as they watch very senior officials and politicians with their own agendas disregard laws to safeguard the nation’s security. We know what it is like to do the difficult, disciplined work of protecting information from being compromised by strictly abiding by what often seem to be cumbersome rules and regulations. We’ve been there; done that.

    If you encourage the Department of Justice and the FBI to continue slow-walking the investigation, there is a good chance the truth will come out anyway. As you are aware, the Justice Department, the FBI, and NSA have all yielded recent patriots who, in such circumstances, decided that whistleblowing – rather than silence – was the only way to honor the oath we all swore – to support and defend the Constitution.

    To sum up our concern regarding how all this plays out, if you order the Justice Department and FBI to pursue the investigation with “all deliberate speed,” so to speak, and Secretary Clinton becomes president, the juicy email secrets in the hidden hands of the NSA and FBI are likely to give those already powerful institutions a capacity for blackmail that would make J. Edgar Hoover’s mouth water. In addition, information hacked by foreign intelligence services or Guccifer-like hackers can also provide useful grist for leverage or blackmail.


    Taking Care the Laws Are Faithfully Executed

    We strongly urge you to order Attorney General Loretta Lynch to instruct FBI Director James Comey to wind up a preliminary investigation and tell the country now what they have learned. By now they – and U.S. intelligence agencies – have had enough time to do an early assessment of what classified data, programs and people have been compromised. Realistically speaking, a lengthier, comprehensive post-mortem-type evaluation – however interesting it might be, might never see the light of day under a new president.

    We believe the American people are entitled to prompt and full disclosure, and respectfully suggest that you ensure that enforcement of laws protecting our national security does not play stepchild to political considerations on this key issue.

    On April 10, you assured Chris Wallace, “I guarantee that there is no political influence in any investigation conducted by the Justice Department, or the FBI – not just in this [Clinton email] case, but in any case. Full stop. Period.”

    We urge you to abide by that promise, and let the chips fall where they may. Full stop. Period.


    For the Steering Group, Veteran Intelligence Professionals for Sanity (VIPS)

    William Binney, Technical Director, NSA; co-founder, SIGINT Automation Research Center (ret.)

    Thomas Drake, Senior Executive, NSA (former)

    Philip Giraldi, CIA, Operations Officer (ret.)

    Sen. Mike Gravel, Adjutant, top secret control officer, Communications Intelligence Service, special agent the Counter Intelligence Corps and United States Senator

    Matthew Hoh, former Capt., USMC, Iraq & Foreign Service Officer, Afghanistan (associate VIPS)

    Larry C. Johnson, CIA & State Department (ret.)

    Michael S. Kearns, Captain, USAF Intelligence Agency (ret.), ex-Master SERE Instructor

    John Kiriakou, Former CIA Counterterrorism Officer

    Ray McGovern, former US Army infantry/intelligence officer & CIA analyst (ret.)

    Elizabeth Murray, Deputy National Intelligence Officer for Middle East, CIA (ret.)

    Todd Pierce, MAJ, US Army Judge Advocate (ret.)

    Scott Ritter, former MAJ, USMC, former UN Weapon Inspector, Iraq

    Diane Roark, DOE, DOD, NSC, & professional staff, House Intelligence Committee (ret.)

    Robert David Steele, former CIA Operations Officer

    Peter Van Buren, U.S. Department of State, Foreign Service Officer (ret.) (associate VIPS)

    Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA, (ret.)

    Ann Wright, U.S. Army Reserve Colonel (ret) and former U.S. Diplomat




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    More Questions for Clinton

    October 20, 2015 // 5 Comments »

    questions



    As Trey Gowdy and his Committee prepares to interview Hillary on Thursday, here are the next of our continuing series of “Questions for Clinton.” (Some previous queries.)


    1) When Clinton’s private server was first made public in March, she stated there was no classified information on it. When emails released appeared to contain classified information (according to the Inspector General for the Intelligence Community), Hillary argued that the material was not classified at the time it was created, and that different agencies had different rules for classification. She did change her standard response to be “I did not send or receive anything marked classified.”

    However, a recent email included a memo from then-Secretary of State Colin Powell that appears to turn all of that into a lie.

    — The Powell document from 2002 is labeled SECRET/NOFORN (i.e., “NO FORreigNers” may see it.)

    — The document was labeled as classified when it was created.

    — The document was created by Hillary’s own agency, the State Department.

    Can Clinton please explain how this document does not contradict her previous statements about no marked classified?



    2) Clinton took office on January 21, 2009, but the first message she turned back over to the State Department was dated March 18, and the earliest-dated message she herself sent was on April 13, nearly three months into her time in office. Clinton stated the gap was because she continued using a previous account she’d used during her time as a senator for business at the beginning of her time as secretary. She claims she no longer has “access” to that account and thus those three months of email messages are simply gone.

    What account was she using? Why did she use that account instead of the private server or an official State account? Why are those account’s messages deemed inaccessible? Who controls that account and its server? Did anyone at State approve the use of that account? Did Clinton seek State Department approval to use that account?



    3) Clinton has stated, as recently as the CNN Democratic Debate, that she is committed to transparency. If we take Hillary at her word that she used some other email account between taking office in January 2009 and March 2009 when the first State Department emails show up in the tranche turned over to the State Department, where are those three months of emails? They are Federal records, and Clinton was obligated by law to preserve them.

    Where is that account? Nothing on the Internet is truly “inaccessible.” The FBI should subpoena the administrator of that account, if for no other reason than to make those messages available for the Archives and FOIA.



    4) On “Meet the Press” September 27, when asked about this discrepancy on when she began using the personal account, Clinton said “There was a transition period. You know, I wasn’t that focused on my email account, to be clear here.”

    What account did she use on Day One? When did she start using the personal server? It seems the easiest thing was to use the State Department account you were no doubt offered. It seems she did focus on email. Can she explain why she did not use the State Department account in this “transition?”


    5) Also on “Meet the Press” September 27, Clinton explained her use of a personal email account as “I did it for convenience.” In March she stated she used the account for the convenience of not having to carry multiple devices, yet almost immediately after that photos and video of her with multiple devices surfaced.

    Exactly what convenience was the personal account serving? Given that the State Department provided a fully functional email system on her desktop from Day One, with both a classified and unclassified account, plus portable devices such as a Blackberry already configured to those accounts, please state in detail what the added convenience of a private account was?




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