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Resistance
See other Resistance Articles

Title: Hillary Clinton’s Nightmare
Source: [None]
URL Source: https://www.lewrockwell.com/2016/01 ... napolitano/hillarys-nightmare/
Published: Jan 28, 2016
Author: Andrew P. Napolitano
Post Date: 2016-01-28 07:25:19 by Ada
Keywords: None
Views: 235
Comments: 15

Hillary Clinton’s nightmare is not the sudden resurgence of Bernie Sanders. It is the fidelity to the rule of law of the FBI.

The recent revelations of the receipt by Clinton of a Special Access Program email, as well as cut and pasted summaries of state secrets on her server and on her BlackBerry nearly guarantee that the FBI will recommend that the Department of Justice convene a grand jury and seek her indictment for espionage. Here is the backstory.

It seems that every week, more information comes to light about Clinton’s grave legal woes. Her worries are in two broad categories: One is her well-documented failure to safeguard state secrets and the other is her probable use of her position as secretary of state to advance financially her husband’s charitable foundation. The FBI is currently and aggressively investigating both. What I will describe below is in the state secrets category. It is apparently not new to the FBI, but it is new to the public.

Among the data that the FBI either found on the Clinton server or acquired from the State Department via its responses to Freedom of Information Act requests is a top-secret email that has been denominated Special Access Program. Top secret is the highest category of state secrets (the other categories are confidential and secret), and of the sub-parts of top secret, SAP is the most sensitive.

SAP is clothed in such secrecy that it cannot be received or opened accidentally. Clinton — who ensured all of her governmental emails came to her through her husband’s server, a nonsecure nongovernmental venue — could only have received or viewed it from that server after inputting certain codes. Those codes change at unscheduled times, such that she would need to inquire of them before inputting them.

The presence of the SAP-denominated email on her husband’s server, whether opened or not, shows a criminal indifference to her lawful obligation to maintain safely all state secrets entrusted to her care. Yet, Clinton has suggested that she is hopelessly digitally inept and may not have known what she was doing. This constitutes an attempted plausible deniability to the charge of failing to safeguard state secrets.

But in this sensitive area of the law, plausible deniability is not an available defense; no judge would permit the assertion of it in legal filings or in a courtroom, and no lawyer would permit a client to make the assertion.

This is so for two reasons. First, failure to safeguard state secrets is a crime for which the government need not prove intent. The failure can be done negligently. Thus, plausible deniability is actually an admission of negligence and, hence in this case, an admission of guilt, not a denial.

Second, Clinton signed an oath under penalty of perjury on Jan. 22, 2009, her first full day as secretary of state. In that oath, she acknowledged that she had received a full FBI briefing on the lawfully required care and keeping of state secrets. Her briefing and her oath specified that the obligation to safeguard state secrets is absolute — it cannot be avoided or evaded by forgetfulness or any other form of negligence, and that negligence can bring prosecution.

What type of data is typically protected by the SAP denomination? The most sensitive under the sun — such as the names of moles (spies working for more than one government) and their American handlers, the existence of black ops (illegal programs that the U.S. government carries out, of which it will deny knowledge if exposed), codes needed to access state secrets and ongoing intelligence gathering projects.

The crime here occurs when SAPs are exposed by residing in a nonsecure venue; it does not matter for prosecution purposes whether they fell into the wrong hands.

Clinton’s persistent mocking of the seriousness of all this is the moral equivalent of taunting alligators before crossing a stream. SAPs are so sensitive that most of the FBI agents who are investigating Clinton lack the security clearances needed to view the SAP found among her emails. Most FBI agents have never seen a SAP.

Shortly after the presence of the SAP-denominated email was made known, the State Department released another email Clinton failed to erase wherein she instructed her subordinates to take state secrets from a secure venue, to cut and paste and summarize them, and send them to her on her nonsecure venue. Such an endeavor, if carried out, is a felony — masking and then not safeguarding state secrets. Such a command to subordinates can only come from a criminal mind.

Equally as telling is a little-known 2013 speech that recently surfaced given by one of Clinton’s former subordinates. The aide revealed that Clinton and her staff regularly engaged in digital conversations about state secrets on their BlackBerries. This is not criminal if the BlackBerries were government-issued and secured. Clinton’s was neither. It was purchased at her instructions off the shelf by one of her staff.

Can anyone doubt that Clinton has failed to safeguard state secrets? If her name were Hillary Rodham instead of Hillary Rodham Clinton, she’d have been indicted months ago.

What remains of the rule of law in America? The FBI will soon tell us.

Reprinted with the author’s permission.

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Begin Trace Mode for Comment # 8.

#1. To: Ada (#0)

With all of this crap on Hillary I'm starting to really think that she'll win this (s)election.

Katniss  posted on  2016-01-28   9:23:20 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Katniss (#1)

With all of this crap on Hillary I'm starting to really think that she'll win this (s)election.

With all this piling on she might get a pity vote. But Hillary always manages to shoot herself in the foot.

Ada  posted on  2016-01-28   9:44:19 ET  Reply   Untrace   Trace   Private Reply  


#3. To: Ada (#2)

If the elections were on the up and up I'd agree. But they're not.

Either way, the enemy wins with anyone currently running, particularly Trump!

With Trump the military gets bigger, further burdens our economy, the ruse that is the Fed is supported for at least four more years, ... not as if it wouldn't be one way or another as I'm not foolish enough to think that the Fed will ever be truly audited while it's still the core mechanism for the global financial meltdown.

The financial markets, a charade unto themselves and a major tool of the real enemy, are cemented further.

Hatred of muslims skyrockets while the truth about the most dangerous usual suspects becomes even safer in terms of not being outted.

I mean honestly.

Katniss  posted on  2016-01-28   9:58:54 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Katniss (#3)

Either way, the enemy wins with anyone currently running, particularly Trump!

Doesn't matter who wins the presidency--the deep state remains. Of all the candidates, Trump is the only one with no experience in government and this is his charm. If elected, he might be a total disaster.

Ada  posted on  2016-01-28   10:50:42 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Ada (#4)

Come on, what actual experience is needed. Look at Hillary's career, her entire repertoire of "skills" is limited to criminal activity. She had/has no "political" experience either.

Political experience merely amounts to the ability to deceive and lie.

Katniss  posted on  2016-01-31   18:22:50 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Katniss (#5)

Come on, what actual experience is needed. Look at Hillary's career, her entire repertoire of "skills" is limited to criminal activity. She had/has no "political" experience either

Her political experience comes from being a New York senator and appointment as Secretary of State. And don't forget she was "co-president" until Waco shut that down.

All the others except Trump are either US senators or governors.

Ada  posted on  2016-01-31   19:23:37 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Ada (#6)

All the others except Trump are either US senators or governors.

The reason many here support Trump, regardless.

Lod  posted on  2016-01-31   20:18:57 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Lod (#7)

The reason many here support Trump, regardless.

Yes. Trump is far from perfect but at least he is not any of the others.

Ada  posted on  2016-01-31   20:26:40 ET  Reply   Untrace   Trace   Private Reply  


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