• State Department Now Just Making It Up to Explain Away Clinton’s Excesses

    March 27, 2015 // 26 Comments »

    ?????

    State Department spokesdrone Jen Psaki is now just straight out making things up to explain away the questions surrounding Clinton and her email, and the State Department’s complicity.

    Her “misstatements” can now be debunked with a click of a mouse, which we will do in a moment.

    The devil is in the details on these things, as no one expects to find a notarized document that reads “Yes, I did it all to hide embarrassing stuff from the Freedom of Information Act because dammit it is my turn to be president, signed, Hillary”).

    So let’s drill down.



    The OF-109 Form

    Outgoing State Department personnel are required to sign a statement called an OF-109. I signed one when I retired from the State Department.

    Though the possibility exists some folks get out the door without signing for whatever reason, mostly negligence, I can find no stated exceptions to having to sign. The document is straightforward; read it here. Basically it says you turned over “all [classified and] unclassified documents and papers relating to the official business of the Government acquired by me while in the employ of the Department or USIA.” The rest has to do with acknowledging you understand disclosure laws relating to those documents.

    Clinton, somewhat infamously, never signed an OF-109. Had she done so, she would have committed perjury, at the minimum, because as we now know she did not turn over her emails upon exiting the job. She did not do what every other outgoing State Department person is required to do. Clinton has a large staff, and no doubt had the attention of State’s HR people, so it seems there was near zero chance her not signing was some mere oversight.

    What Jen Psaki Said

    But here’s what Jen Psaki said instead of all that:

    The State Department spokesperson also explained why Clinton would not have signed the OF-109 separation statement. Psaki said that former secretaries of state “want to remain accessible” to future secretaries and presidents, which is why they maintain their security clearance. Psaki added that former secretaries may also want access to their files for future books.

    See, none of that is true. Signing the OF-109 has nothing at all to do with retaining one’s security clearance. That is a fully separate, independent process. Signing the OF-109 has nothing at all to do with remaining accessible to future secretaries and presidents. Signing the OF-109 has nothing to do with accessing files for future books. As a private citizen, Clinton has no more special access to State Department files than you do.

    It was all a lie. Psaki is the spokesperson. She has been asked about this matter numerous times, and has the full resources of the State Department behind her to research an answer. There is near zero chance she was uninformed. She just lied.

    But It’s Just Some Form

    One true thing Psaki did say was “that there has long been a responsibility placed on the outgoing employee to account for his or her emails.” Indeed. That accountability is embedded in the OF-109 form; that’s where the outgoing employee certifies she has done what she is required to do.

    Of course signing or not signing the form does not change the underlying law and regulation requiring outgoing personnel to turn over their stuff, so there is also that independent of the form itself.

    In rebuttal you will no doubt hear someone say “Yeah, yeah, it’s just another government form, so let’s focus on the important stuff.” This is the important stuff. Judging character, honesty and intent requires understanding the details.


    BONUS: Sounds like somebody is leaning forward hoping for that sweet, sweet White House spokesperson job in 2016. Also, an unexplored side of all this is the complicity of the State Department in Clinton’s email “issues.” State allowed her to operate outside its rules and regulations, perhaps outside the law, for four years.




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    Posted in Embassy/State