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Title: HILLARY, PLEASE HAVE A SEAT
Source: NEW YORK POST
URL Source: https://nypost.com/2017/10/25/why-d ... ossier-trick-count-as-treason/
Published: Oct 25, 2017
Author: David Harsanyi
Post Date: 2018-02-04 03:59:34 by Uncle Bill
Keywords: Hillary, Breath, To The, Deplorables
Views: 163
Comments: 3

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HILLARY, PLEASE HAVE A SEAT:

EIGHT LAWS HILLARY CLINTON COULD BE INDICTED FOR BREAKING - Brigadier General Kenneth Bergquist

1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information

A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.

The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.

2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material

If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.

3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally

To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.

4.) 18 U.S. Code § 641 – Public money, property or records Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.

5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees

If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.

6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations

If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.

7.) 18 U.S. Code § 1031 — Fraud against the United States 18 U.S. Code § 1343 – Fraud by wire, radio or television 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud” 18 U.S. Code § 371 – Conspiracy to defraud the United States

If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.

8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense

If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.


Why doesn’t Hillary’s ‘dossier’ trick count as treason?

By David Harsanyi

October 25, 2017

What’s the difference between the infamous Russian dossier on Donald Trump and that random fake-news story you saw on Facebook last year? The latter was never used by America’s intelligence community to bolster its case for spying on American citizens nor was it the foundation for a year’s worth of media coverage.

Then again, you get what you pay for. We now know Hillary Clinton and the Democratic National Committee paid as much as $9 million for the discredited dossier on Trump.

According to the Washington Post, a lawyer named Marc Elias, who represented both the 2016 Clinton campaign and the Democratic National Committee, had hired Fusion GPS, a DC firm working on behalf of the Russian government to soften sanctions at the time, to provide opposition research for them. The firm then hired a former British spy named Christopher Steele who reportedly purchased salacious rumors about Trump from the Russians.

Now, you might expect that the scandalous revelation of a political campaign using opposition research that was partially obtained from a hostile foreign power during a national election would ignite shrieks of “collusion” from all patriotic citizens. After all, only last summer, when it was reported that Donald Trump Jr. met with a Kremlin-linked Russian lawyer who claimed to be in possession of damaging information about Clinton, there was widespread condemnation.

Finally, we were told, a smoking gun tied the Trump campaign to Vladimir Putin. Former Democratic vice presidential candidate Tim Kaine went as far as to suggest that the independent counsel begin investigating treason.

Treason! Trump Jr. didn’t even pay for or accept research.

The Clinton crew, on the other hand, did. They didn’t openly push the contents of the dossier — probably because they knew it was mostly fiction. Instead, Fusion GPS leaked it to their friends in the media

The dossier ended up in the possession of most major news outlets. Many journalists relied on Fusion GPS to propel coverage. BuzzFeed even posted the entire thing for Americans to read, even though it was more than likely that its most scandalous parts were hatched by a foreign government.

The memo dominated newsrooms that were convinced Trump was a Manchurian candidate. No fake-news story came close to having this kind of impact.

Democrats in Washington are now pushing the “Honest Ads Act,” which creates a raft of new regulations and fines for websites that don’t do enough to combat fake news. Attempting to control the flow of information onto our screens is the hobbyhorse of would-be censors. But since they’re at it, when do we get a bill that fines institutional media organizations that readily embrace bogus foreign dossiers?

Because the dossier didn’t just awaken the Russia-stole-our-democracy narratives in the media. It’s just as likely that the dossier was used by Clinton’s allies in the government.

The Obama administration reportedly relied on the dossier to bolster its spying on US citizens. We know of at least one case where the information was used to justify a FISA warrant on a Trump adviser. And let’s not forget that Steele had reached an agreement to be compensated for his efforts by the FBI.

None of this excuses the actions of Paul Manafort and others who may have benefited from their relationship with the Russians. Yet, using the very standards Democrats have constructed over the past year, the Fusion GPS story is now the most tangible evidence we possess of Russian interference in the American election.

And at some point, Democrats will have to decide whether it’s wrong for a political campaign to work with foreigners when obtaining opposition research or whether it’s acceptable. We can’t have different standards for Democrats and Republicans.

Otherwise people might start to get the idea that all the histrionics over the past year weren’t really about Russian interference at all, but rather about Hillary losing an election that they assumed she’d win.

David Harsanyi is a senior editor at The Federalist and author of the forthcoming book “First Freedom: A Ride Through America’s Enduring History with the Gun, From the Revolution to Today.”


The Assassination of Ron Brown


"THE LEADING CAUSE OF DEATH IN ARKANSAS AND WASHINGTON D.C. IS KNOWING BILL AND HILLARY CLINTON"(5 images)

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DESTROYING, SUPPRESSING EVIDENCE IS FBI STANDARD PROCEDURE

Uncle Bill  posted on  2018-02-04   4:36:10 ET  Reply   Untrace   Trace   Private Reply  


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