There is no criminal investigation into Hillary's email usage. NY Times lied.

[geek tragedy]

http://www.dailykos.com/story/2015/07/24/1405261/-New-York-Times-dramatically-rewrites-a-new-Hillary-Clinton-email-story-after-midnight

Here's the first paragraph of an article the New York Times published shortly before midnight Eastern Time on Thursday night, preserved in digital amber by the invaluable NewsDiffs:

Two inspectors general have asked the Justice Department to open a criminal investigation into whether Hillary Rodham Clinton mishandled sensitive government information on a private email account she used as secretary of state, senior government officials said Thursday.

And here's the lede as it was rewritten—in dramatic fashion—an hour later:

Two inspectors general have asked the Justice Department to open a criminal investigation into whether sensitive government information was mishandled in connection with the personal email account Hillary Rodham Clinton used as secretary of state, senior government officials said Thursday.

More:

http://www.dailykos.com/story/2015/07/24/1405307/-About-that-NYT-OIG-Clinton-email-story

David Nir writes about the NYT's dramatic walkback of its claim that two government Inspector Generals had made a referral to the Justice Department seeking a criminal inquiry of Hillary Clinton regarding her e-mails.

But the story gets worse for the New York Times. These memos (PDF) from OIG regarding the very same investigation demonstrate that in fact the issue is about how the State Department handled Clinton's e-mails AFTER she turned them over to State:

UNCLASSIFIED June 29, 2015
MEMORANDUM FOR UNDER SECRETARY KENNEDY

FROM: Steve A Linick, Inspector General, Department of State
I. Charles McCullough, ill, Inspector General, Intelligence Community

SUBJECT: Potential Issues Identified by the Office of the Inspector General of the
Intelligence Community Concerning the Department of State's Process for the
Review of Former Secretary Clinton's Emails under the Freedom of Information
Act (ESP-15-05) [My emphasis]

The OIG is looking at "the Department of State's Process for the Review of Former Secretary Clinton's Emails under the Freedom of Information Act." Guess who has nothing to do with that? If you said Hillary, Clinton, you win a gold star.
Want more? How about this?

We are therefore providing this Memorandum as follow up to our June 19, 2015, Memorandum to you, to provide additional information supporting our concerns about the current process underway to review the 55,000 pages of emails prior to publication.

Again, you want to guess who's not involved with this process? Yep, Hillary Clinton.
Finally, how about this?

Under the circumstances, we continue to urge the Department to adopt the recommendations made by the IC IG in our June 19 Memorandum in order to enhance the current review system and to further minimize risk. The Department should ensure that no classified documents are publically released.

The IG concerns is about TOO much release of information. Not too little. And again you know who has no role in that? Yes, the answer remains Hillary Clinton.

http://thehill.com/policy/defense/249077-top-dem-refutes-reports-of-criminal-probe-of-clintons-emails

Rep. Elijah Cummings (D-Md.) is rebutting reports that the State Department has formally requested a federal criminal investigation into Hillary Clinton’s use of a private email server while she was secretary of State.

"I spoke personally to the State Department inspector general on Thursday, and he said he never asked the Justice Department to launch a criminal investigation of Secretary Clinton's email usage,” Cummings, the top Democrat on the House Select Committee on Benghazi, said Friday in a statement.

Instead, State Inspector General Steve A. Linick, “told me the Intelligence Community IG notified the Justice Department and Congress that they identified classified information in a few emails that were part of the [Freedom of Information Act] review, and that none of those emails had been previously marked as classified."

[onehandle]

1. Nice links. I added a link to this thread in the OP I posted in LBN last night.

Last edited Fri Jul 24, 2015, 12:49 PM - Edit history (1)

http://www.democraticunderground.com/10141155814

[TwilightGardener]

2. Bottom line: the IG's found that some material coming to and fro the Clintonian

Server should have been classified. But it has nothing to do with Hillary Clinton setting up her own email server. NOTHING!!! HER HANDS ARE SPOTLESS!! SHE DID EVERYTHING PROPERLY!!!! LOLOLOLOL---You people are hilarious.

[geek tragedy]

3. The investigation involves the REVIEW of her emails

AFTER she had left the state department.

SUBJECT: Potential Issues Identified by the Office of the Inspector General of the
Intelligence Community Concerning the Department of State's Process for the
Review of Former Secretary Clinton's Emails under the Freedom of Information
Act (ESP-15-05)

I am a Bernie supporter, and part of me being a Bernie supporter is to not swallow everything that Trey Gowdy leaks to the press.

But, you are free to believe Trey Gowdy over Elijah Cummings if it suits you.

"I spoke personally to the State Department inspector general on Thursday, and he said he never asked the Justice Department to launch a criminal investigation of Secretary Clinton's email usage,” Cummings, the top Democrat on the House Select Committee on Benghazi, said Friday in a statement.


Instead, State Inspector General Steve A. Linick, “told me the Intelligence Community IG notified the Justice Department and Congress that they identified classified information in a few emails that were part of the review, and that none of those emails had been previously marked as classified."

http://www.democraticunderground.com/10141156277

[TwilightGardener]

5. I repeat: some of the shit going to and fro Hillary's home-brew set-up

should have been classified. So stuff that should have been classified was going to/from a potentially unsecured private server, but it's OK, because it's only being called classified NOW IN RETROSPECT. LOLOLOLOLOL. Maybe she and Petraeus can be on probation together for mishandling classified info. Wouldn't that be a hoot? Her entire management of her communications at State is a disaster, but I'm sure she'll handle the Presidency with more transparency and competence...

[geek tragedy]

13. word salad

so your claim is that Hillary should go to jail because some FOIA reviewers made an initial determination that they were classified after reviewing them?

[TwilightGardener]

14. I'm willing to let the investigation go where it needs to go. Are you?

Ask yourself this question: Whose private email server started all this trouble? Why is it even in existence in connection with her term as SOS? Would there have been more or less possibility of mishandling classified info on State servers--which by policy she was supposed to be using anyway? Why is there an effort to distance Hillary Clinton from the fallout of her own very deliberate actions and decisions as SOS?

[geek tragedy]

18. Am I willing to go along with Trey Gowdy's partisan fishing expedition which

has the exclusive purpose of putting Jeb Bush or Scott Walker in the White House in 2016?

Fuck no


I do not give 1/100th of a fuck about eGhazi.

[TwilightGardener]

20. You're down in the weeds. I don't care which politicians are doing what, or why.

That's neither here nor there. Should Hillary Clinton have set up her own email server at home to conduct Dept. Of State business? Should she have conducted her business on government accounts instead? Why didn't she do that? Was material that should have been classified handled properly during her tenure while using this server? Who can vouch for the security of the server in terms of hacking? Where are the full contents of the server right now, what assurances are there that no material is still being held improperly or being destroyed improperly?

[geek tragedy]

22. As I said, I do not give 1/100th of a fuck about eGhazi. nt

[TwilightGardener]

23. Difficult and disturbing questions, I understand.

The urge to paint it as a mere political witch hunt is strong. But I believe that the email fiasco is basically how she would run everything else in her administration. Which is a disqualifier for the office of President.

[geek tragedy]

24. it's a nothingburger.

if she wanted to conceal activities, she could have used a private email account anyways (just in addition to the state account rather than instead of) and no one would have had a right to see them

she could have had every single Clinton foundation email on private email, every communication with Syd Blumenthal on private email, on a private server, and it would have been nobody's business whatsoever. the public would never even know the email account existed. she could have been emailing Syd Blumenthal "boy Benghazi is all my fault, now we're going to cover it up" from that private account and there'd be no way for anyone to access it.

Indeed, the public is getting MORE disclosure this way than it would have had she used a state account to handle the mundane details

[TwilightGardener]

25. Clinton Foundation email and private correspondence could certainly have been done properly

on her home set-up, or Gmail, or whatever, because it's not government business. You use a government server for government business, a private/commercial email server for non-government business. No one would have a problem with that, that's what they all do probably. You do the State stuff on State servers because it has to be open to FOIA's, archiving, classification of material, and oversight. So why didn't she do that? She made extra effort to mix it all onto her own server, and now declares her server to be "private" and off limits although it obviously contains public or possibly classified business. Super shady, and now comes the question that is being referred to the Justice Dept: should some of this shit have been classified? Was it NOT classified properly because it was not being initially routed properly through the government channels, but rather first through a home server?

[geek tragedy]

26. do you really think Clinton would have been stupid enough to put something

incriminating in electronic form, where it's notoriously hard to get rid of?

[TwilightGardener]

27. No, that's the whole point of the private server. Do all your business, declare it all private

except for that which she and her attorneys deem worthy to hand over to the State Dept., and delete the rest to avoid any political trouble and call it a day. The funny thing is that she printed out pages and gave them to State (yes, let's ponder for a moment the absurdity of a former government official, years past her term, handing over communications that belonged to the State Dept. and US Gov. to begin with) and now it appears that some of the stuff should have been classified as the State Dept. releases the trove. Beyond ridiculous. Beyond excusable or justifiable.

[askew]

6. It looks like the emails are on a thumb drive at Clinton's personal counsel's office

which is a potential breach of national security. If that is the case, the buck needs to stop with Hillary. She is the one that took an oath of office as SoS. But, Hillary is allergic to taking responsibility for her screw-ups so look to one of her staffers to fall on the grenade.

[TwilightGardener]

7. She refused to turn over her server in its entirety because it's "private".

The whole thing was set up to evade scrutiny--mix professional with private communications, and then insist that the whole thing remains private. Stinks to high heaven. And yes, if her counsel is holding the contents of her email accounts on a thumb drive, then she/they are still mishandling info that should have been classified.

[askew]

16. Yeah, Hillary supporters need to stop and take a deep breath and realize they are

defending Hillary intentionally circumventing government email systems to avoid transparency. If this was a Bush appointee, they wouldn't be making excuses for her choices. And I don't care that Colin Powell used personal email for some correspondence. He didn't keep a server in his home that no one else has access to. He didn't put staffers on that email server so their emails wouldn't be turned over in FOIA requests. And quite frankly I expect Dems to be better than the appointees in the W admin.

[cherokeeprogressive]

11. ^THIS^

[askew]

4. First, don't use Daily Kos as a source to refute anything on Hillary.

They are completely in the bag for Hillary. Laura Clawson is basically just reprinting Hillary's campaign memos at this point.

And let's just hold off on saying this is a nothing burger. Hillary's fans tried to say the initial email scandal was nothing and we are still dealing with fallout from it months later.

Kerry has to take time out from campaigning for an Iran Deal in order to defend Hillary. State Dept. has to take time away from more important work to clean up Hillary's mess.

There are multiple lawsuits ongoing about Hillary's emails and State's inability to respond to FOIA requests because Hillary didn't turn over emails until 2 years after she left State.

And now there is this:
Hillary's attorneys ended up with a thumb drive of her emails that may potentially be classified. Of course, it will just be blamed on a staffer. But, with Hillary this isn't unexpected. She creates chaos everywhere due to her obsessive need for secrecy.

@ZekeJMiller: ICIG notes he's referred reports that Clinton attorney has copies of now-classified emails to counterintel officials http://t.co/32NOH9ifl7

It's not a criminal referral but it is a potential breach of classified materials that ended up in private hands that shouldn't have been there.

[Fred Sanders]

9. From the RW closed-loop Echo-chamber to the pages of DU.....propaganda on the Internet gives you wings!

[geek tragedy]

10. "it's not a criminal referral" well then the NY Times lied then didn't they? nt

[askew]

15. I don't give a shit about that. I do give shit that this email mess

is still hanging on. Hillary created a mess and then left Obama, his WH and the State Dept to clean it up.

She also is making Dems defend her slimy behavior again. So sick of this with the Clintons. We have better things to do than make excuses for her poor judgment and excessive need for secrecy.

And I really care that government emails are now in the hands of her private attorneys. And I care that FOIA requests can't be processed because Hillary didn't want to be "inconvenienced" by carrying 2 phones.

[geek tragedy]

19. you don't care about the NY Times falsely claiming Clinton is under criminal investigation?

You better get your head in the game.

This is part of the effort to put a Republican in the White House.

[askew]

21. All Dems will get smeared. But, in this case, Hillary opened this can of worms.

She chose to keep a private email server, which there is no excuse for. Let her team defend her on this. She is a damaged candidate and I have more important things to do than worry about defending her sleazy behavior.

[LordGlenconner]

36. You assume that isn't the hope/goal of some who post here

That is a very large assumption given the current state of the board.

[Fred Sanders]

8. Oops......look, sharks!

[BooScout]

12. Thank you!

[BooScout]

17. This also begs the question....

Why is the N.Y. Times using right wing smear tactics lately against Hillary Clinton? This is not the first time that they have smeared her like this lately.

[Mike Nelson]

28. They seem delighted to be associating Clinton with...

...the word "criminal" and aren't bothered by accuracy. The NYT also considered it a fact that Perot and Bill Clinton stole the election from beloved George Bush #I. The NYT is still good for the bottom of a birdcage, though!

[oasis]

29. Did Fox News recently send out a call for "overly enthusiastic" interns?

[uwep]

30. It looks like the repugs are at it again

using infiltration tactics to keep up the lies as they did during the Clinton years. I would never do the same to Sanders. If you read the comments that are on TPM about this, the comments here follow those the right wing teabaggers left. I am ashamed of those that call themselves Democrats and smear others of their party. Shame on you all.

[McCamy Taylor]

31. Take away from this story, Kos no longer hates Hillary. Nice to know. NYT is just being NYT.

[Gothmog]

32. DOJ: No, We Weren't Asked To Launch A Criminal Probe Into Clinton's Emails

http://talkingpointsmemo.com/livewire/doj-no-hillary-clinton-criminal-inquiry

[Spitfire of ATJ]

33. That's so STUPID anyway....

The rules about the emails of the Secretary of State didn't go into effect until AFTER Hillary served and Colin Powell did the same thing as Hillary.

It's another fake scandal.

[lark]

34. F*** the NYT.

WTF? How did they get this so wrong? They really need to do their own investigation to see who's on the Repug payroll and actively lying to try and discredit her. This really burns my butt.

[OregonBlue]

35. So the NYT is so desperate to discredit Hillary they outright lie. Are all their reporters Judith

Miller now? Wow, how the mighty have fallen!!!