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2016 Postmortem
In reply to the discussion: Obama: Clinton Didn't "Intentionally" Put America In Jeopardy; [View all]leveymg
(36,418 posts)79. Here's HRC's signed security agreement - "classified info is marked or unmarked classified info">
Note Sec. 793 is referenced at multiple places in her Classified Information Nondisclosure Agreement:
UNCLASSIFIED U.S. Department of State Case No. F-2015-05069 Doc No. C05833708 Date: 11/05/2015
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement, classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) 1'9SJ) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50,
United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, wiII result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classifled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
! I RELEASE IN PART I
B7(C),B6
---------------------------------1REVIEW AUTHORITY:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT Barbara Nielsen, Senior
Reviewer
AN AGREEMENT BETWEEN Hillary Rodham Clinton AND THE UNITED STATES
1. lntending to be legally bound. I hereby accept the obligations contained In this Agreement In consideration of my being granted access to classified information. As used in this Agreement, classified Information is marked or unmarked classified Information, including oral communications, that is classified under the standards or Executive Order 12958, or under any other Executive order or statute that prohibits unauthorized disclosure of lnformation in the Interest of national security; and unclassified Information that meets the standards for classification and is in the process of a classification determination as provided In Section 1.1, 1.2, 1.3 and 1A(e) of Executive Order 12958 or under any other Executive order or statute that requires protection for such information in the of national security. I understand and accept that by being granted access to classified lnformation special confidence and trust have been placed in me by the United States Government .
2. I hereby acknowledge that I have received a security lndoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this Information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified Information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will not divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it, or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) 1'9SJ) responsible for the classification of information or last granting me a security clearance that such disclosure is permitted. I understand that lf I am uncertain about the classification status of Information, I am required to confirm from an authorized official that the Information is unclassified before I may disclose It, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified lnformation.
4. I have been advised that any breach of this may result In the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified lnformation by me may constitute a violation, or violations. of Untied States criminal laws, including the provisions of Sections 641. 793, 794, 798, *952 and 1924, Title 18, United States Code, and the provisions of Section 783(b), Title 50,
United Slates code. and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing In the Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation..
5. I hereby assign to the United States Government all royalties, remunerations. and emoluments that have resulted, wiII result or may result from any disclosure, publication or revelation of classified Information not consistent with the terms of this Agreement
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement Including, but not but not limited to application for a court order prohibiting disclosure of Information In breach of this Agreement.
1. I understand that all classifled information to which I have access or may obtain access by signing this Agreement will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classffled materials which have or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of employment or other relationship with the Department or Agency that last granted me a security clearance or- that provided me access ID classifled Information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, § 18, United States Code, a United States criminal law.
8. Unless and until I am released In writing by an authorized representative or the United States Government.. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified lnformation, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain In full force and effect.
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I think it means on her server and that she has "owned up" to carelessness. Don't freak out.
Hoyt
Apr 2016
#54
Sounds like he would agree with charging her with this felony: 18 USC Sec. 793(f)
leveymg
Apr 2016
#2
Well, the data has to be lost, stolen, etc. It "could have been compromised" is not in the statute.
Hoyt
Apr 2016
#71
Well Hillary did have the server wiped, so she was trying to lose the emails.
All in it together
Apr 2016
#80
Obviously, they were not lost. Not sure you'd have access even if they'd been on a govt server.
Hoyt
Apr 2016
#81
They were lost except the NSA had a "backup" copy. When she sent classified info, she also broke
leveymg
Apr 2016
#84
They weren't lost in the sense some spy from an enemy could use them to our detriment. Jeeez.
Hoyt
Apr 2016
#85
Doesn't have to be lost. Only has to be "removed from its proper place of custody or delivered to
leveymg
Apr 2016
#88
Nobody in gov't says she was authorized to place classified info on her private server. Nobody.
leveymg
Apr 2016
#92
What "top secret" information was released/lost. Don't see in statute that it applies to it COULD
Hoyt
Apr 2016
#58
The statute applies to all classified information that is lost, stolen, copied (abstracted), etc.
leveymg
Apr 2016
#74
Don't think so because nothing was lost, etc. I'll leave it to the attorneys, but "intent" is
Hoyt
Apr 2016
#78
Here's HRC's signed security agreement - "classified info is marked or unmarked classified info">
leveymg
Apr 2016
#79
"removed from its proper place or delivered",or "abstracted" not just "lost, stolen, or destroyed."
leveymg
Apr 2016
#90
"Abstracted" means - hey Isis, I saw email that said something to effect we will invade on April 12.
Hoyt
Apr 2016
#91
"Abstracted" means "Jake, remove headers and send unsecure." That's what "abstracted" means
leveymg
Apr 2016
#96
I think that is what "redacted" means. In any event, did Clinton remove such identifiers and send to
Hoyt
Apr 2016
#99
The terms are analogous for this purpose. She had reason to believe it could be used to the
leveymg
Apr 2016
#103
But you do have to show it was lost, stolen, taken/given to others, etc. You haven't done that yet.
Hoyt
Apr 2016
#104
You haven't read all the possible ways the law can be violated. Also includes "communicates"
leveymg
Apr 2016
#106
When she sent classified uncertified server she: (1) through gross negligence permits the same
leveymg
Apr 2016
#82
Instructing aides to strip classification headers and "send unsecure" is pretty grossly negligent.
leveymg
Apr 2016
#112
Of course.. but who would know better than the President if there was anything significant here.
DCBob
Apr 2016
#116
The FBI? Are you suggesting the FBI leaks details of active investigations or POTUS solicits it?
JonLeibowitz
Apr 2016
#121
I'd rather not take a chance on her NOT "Intentionally" putting America in Jeopardy
notadmblnd
Apr 2016
#3
AGREED! Mr. President Please Explain How Hillary Merits Your Comment As Being "Outstanding" As...
CorporatistNation
Apr 2016
#19
So when he said she was careless with the emails was that the message to indict?
awake
Apr 2016
#129
There was an article on a computer site last week that said for the first couple of months
Vinca
Apr 2016
#13
WOW. "Careless" is really not that far from "negligent"... He kind of threw her under the bus.
reformist2
Apr 2016
#14
But all of those FACTS are still out there which won't go away. And Obama and whoever the VP
Skwmom
Apr 2016
#21
He lost me as truthful when he said, "as Secretary of State (she) did an outstanding job."
EndElectoral
Apr 2016
#23
Take that a step further: it's still a crime even if there is no actual harm to nat'l security
leveymg
Apr 2016
#126
Condescender, please. Employers have no special knowledge of an employee's intent.
merrily
Apr 2016
#57
No kidding, Sherlock. Yet nothing you posted negates a thing in my posts 52 or 57.
merrily
Apr 2016
#65
Not irrelevant at all, but you apparently have a bad case of both Capt Obviouism and last wordism.
merrily
Apr 2016
#76
As long as Hillary only put the U.S. in jeopardy unintentionally, what's the problem?
BernieforPres2016
Apr 2016
#64
there's an 8 lane smooth as glass superhighway to the gates of Hell paved with good intentions.
hobbit709
Apr 2016
#70
he also admitted "I haven't been sorting through each and every aspect of this." nt
antigop
Apr 2016
#83
That's his out. He can look supportive now, and later be surprised by revelations.
winter is coming
Apr 2016
#125