From: "Martha Stewart Went To Jail For Much Less"
Subject: Official: Some Clinton emails 'too damaging' to release
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EXCLUSIVE: The intelligence community has deemed some of Hillary
Clinton’s emails “too damaging" to national security to release
under any circumstances, according to a U.S. government official
close to the ongoing review. A second source, who was not
authorized to speak on the record, backed up the finding.
The determination was first reported by Fox News, hours before
the State Department formally announced Friday that seven email
chains, found in 22 documents, will be withheld “in full”
because they, in fact, contain “Top Secret” information.
The State Department, when first contacted by Fox News about
withholding such emails Friday morning, did not dispute the
reporting – but did not comment in detail. After a version of
this report was first published, the Obama administration
confirmed to the Associated Press that the seven email chains
would be withheld. The department has since confirmed those
details publicly.
The decision to withhold the documents in full, and not provide
even a partial release with redactions, further undercuts claims
by the State Department and the Clinton campaign that none of
the intelligence in the emails was classified when it hit
Clinton's personal server.
Fox News is told the emails include intelligence from "special
access programs," or SAP, which is considered beyond “Top
Secret.” A Jan. 14 letter, first reported by Fox News, from
intelligence community Inspector General Charles McCullough III
notified senior intelligence and foreign relations committee
leaders that "several dozen emails containing classified
information” were determined to be “at the CONFIDENTIAL, SECRET,
AND TOP SECRET/SAP levels."
The State Department is trying to finish its review and public
release of thousands of Clinton emails, as the Democratic
presidential primary contests get underway in early February.
Under the Freedom of Information Act, or FOIA, there is an
exemption that allows for highly sensitive, and in this case
classified, material to be withheld in full -- which means
nothing would be released in these cases, not even heavily
redacted versions, which has been standard practice with the
1,340 such emails made public so far by the State Department.
According to the Justice Department FOIA website, exemption “B3”
allows a carve-out for both the CIA and NSA to withhold
"operational files." Similar provisions also apply to other
agencies.
Fox News reported Friday that at least one Clinton email
contained information identified as "HCS-O," which is the code
for intelligence from human spying.
One source, not authorized to speak on the record, suggested the
intelligence agencies are operating on the assumption there are
more copies of the Clinton emails out there, and even releasing
a partial email would provide enough clues to trace back to the
original – which could allow the identification of “special
access programs” intelligence.
There was no comment to Fox News from the Office of the Director
of National Intelligence, the Office of the Intelligence
Community Inspector General, or the agency involved. Fox News
has chosen not to identify the agency that provided sworn
declarations that intelligence beyond Top Secret was found in
the Clinton emails.
The State Department was scheduled to release more Clinton
emails Friday, while asking a D.C. federal court for an
extension.
FBI investigators looking into the emails are focused on the
criminal code pertaining to “gross negligence” in the handling
and storage of classified information, and “public corruption.”
“The documents alone in and of themselves set forth a set of
compelling, articulable facts that statutes relating to
espionage have been violated,” a former senior federal law
enforcement officer said. The source said the ongoing
investigation along the corruption track “also stems from her
tenure of secretary. These charges would be inseparable from the
other charges in as much as there is potential for significant
overlap and correlation."
Based on federal regulations, once classified information is
spilled onto a personal computer or device, as was the case with
Clinton and her aides, the hardware is now considered classified
at the highest classification level of the materials received.
While criticized by the Clinton campaign, McCullough, an Obama
administration appointee, was relaying the conclusion of two
intelligence agencies in his letter to Congress that the
information was classified when it hit Clinton’s server -- and
not his own judgment.
Joseph E. Schmitz, a former inspector general of the Department
of Defense, called the attacks on McCullough a “shoot the
watchdog” tactic by Clinton’s campaign.
The developments, taken together, show Clinton finding herself
once again at the epicenter of a controversy over incomplete
records.
During her time as the first female partner at the Rose Law firm
in Arkansas during the mid-1980s, she was known as one of the
“three amigos” and close with partners Webb Hubbell and Vince
Foster. Hubbell ended up a convicted felon for his role in the
failure of the corrupt Madison Guaranty, a savings and loan
which cost taxpayers more than $65 million. Hubbell embezzled
more than a half-million dollars from the firm.
Foster killed himself in Washington, D.C., in July 1993. As
Clinton’s partner in the Rose Law firm, he had followed the
Clintons into the White House where he served as the Clintons’
personal lawyer and a White House deputy counsel.
Clinton’s missing Rose Law billing records for her work for
Guaranty during the mid-1980s were the subject of three intense
federal investigations over two years. Those records, in the
form of a computerized printout of her work performed on behalf
of Guaranty, were discovered under mysterious circumstances in
the Book Room of the private White House living quarters.
The discovery of those records was announced during a blizzard
in January 1996 by attorney David Kendall, who still represents
Hillary Clinton. After Clinton testified before a grand jury,
prosecutors concluded there was insufficient evidence to prove
beyond a reasonable doubt she committed perjury or obstruction
of justice.
Despite Clinton’s recent public statements about not knowing how
the technology works, at least one email suggests she directed a
subordinate to work around the rules. In a June 2011 email to
aide Jake Sullivan, she instructed him to take what appeared to
be classified talking points, and "turn into nonpaper w no
identifying heading and send nonsecure."
A State Department spokesman could not say whether such a fax
was sent.
http://www.foxnews.com/politics/2016/01/29/official-some-clinton-
emails-too-damaging-to-release.html
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