BILLARY—“that depends on what you mean by “emails”

The Deceptions of Hillary Clinton

lew rockwell

 

While the scandal surrounding the emails sent and received by Hillary Clinton during her time as U.S. secretary of state continues to grow, Clinton has resorted to laughing it off. This past weekend she told an audience of Iowa Democrats that she loves her Snapchat account because the messages automatically disappear. No one in the audience laughed.

Clinton admits deleting 30,000 government emails from her time in office. She claims they were personal, and that because they were also on a personal server, she was free to destroy them. Yet, federal law defines emails used during the course of one’s work for the federal government as the property of the federal government.

She could have designated which of the government’s emails were personal and then asked the government to send them to her and delete them from government servers. Instead she did the reverse. She decided which of her emails were governmental and sent them on to the State Department. Under federal law, that is not a determination she may lawfully make.

Yet, the 55,000 emails she sent to the feds were printed emails. By doing so, she stole from the government the metadata it owns, which accompanies all digital emails but is missing on the paper copies, and she denied the government the opportunity to trace those emails.

When asked why she chose to divert government emails through her own server, Clinton stated she believed it would enable her to carry just one mobile device for both personal and governmental emails. She later admitted she carried four such devices.

Then the scandal got more serious, as Clinton’s lawyers revealed that after she deleted the 30,000 emails, and printed the 55,000 she surrendered to the feds, she had the server that carried and stored them professionally wiped clean.

She had already denied routing classified materials through her server: “I did not email any classified material to anyone on my email. … (I) did not send classified material .”

Then, the inspector general of the State Department and the inspector general of the intelligence community, each independent of the other, found four classified emails from among a random sample of 40.

Then the State Department inspector general concluded that one of the four was in fact top secret. Since it discussed satellite imagery of a foreign country and since it revealed intercepts of communications among foreign agents, it received additional legal protections that were intended to assure that it was only discussed in a secure location and never shared with a foreign government, not even an ally.

When Clinton was confronted with these facts, she changed her explanation from “I did not send classified material” to “I never sent or never received any email marked classified .” Not only is she continually changing her story, but she is being deceptive again.

Emails are not “marked classified.” They are marked “top secret” or “secret” or “confidential.” Her explanations remind one of her husband’s word-splitting playbook.

Last weekend the State Department located 305 of her undeleted emails that likely are in the top secret or secret or classified categories.

What should be the consequence of her behavior with the nation’s most sensitive secrets?

If Clinton is indicted for failure to secure classified information, she will no doubt argue that if one of the above markings was not on the email, she did not know it was top secret. If she does make that incredible argument — how could satellite photos of a foreign country together with communications intercepts of foreign agents possibly not be top secret? — she will be confronted with a judicial instruction to the jury trying her.

The judge will tell the jury that the secretary of state is presumed to know what is top secret and what is not. The only way she could rebut that presumption is to take the witness stand in her own defense and attempt to persuade the jury that she was so busy, she didn’t notice the nature of the secrets with which she was dealing.

Not only would such an argument be incredible coming from a person of her intellect and government experience, but it begs the question. That’s because by using only her own server, she knowingly diverted all classified emails sent to her away from the government’s secure venue. That’s the crime.

Will she be indicted?

Consider this. In the past month, the Department of Justice indicted a young sailor who took a selfie in front of a sonar screen on a nuclear submarine and emailed the selfie to his girlfriend. It also indicted a Marine who sent an urgent warning to his superiors on his Gmail account about a dangerous Afghan spy who eventually killed three fellow Marines inside an American encampment. The emailing Marine was indicted for failure to secure classified materials. Gen. David Petraeus stored top-secret materials in an unlocked desk drawer in the study of his secured and guarded Virginia home and was indicted for the same crimes. And a former CIA agent was just sentenced to three years in prison for destroying one top-secret email.

What will happen if the FBI recommends that Clinton be indicted and the White House stonewalls? Will FBI Director Jim Comey threaten to resign as he threatened to do when President George W. Bush wanted him to deviate from accepted professional standards? Will Clinton get a pass? Will the public accept that?

Reprinted with the author’s permission.

The Best of Andrew P. Napolitano

Andrew P. Napolitano [send him mail], a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty. To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit creators.com.

US Navy Eager To Pick A Fight With China To Create Mission For Useless Littoral Combat Ship

[The US Navy might as well dream-up its own missions, to justify their place in the war of terror, the Army has been doing it since the beginning of this global disaster.  The Army, Marines and CIA have been training terrorists and posing as terrorists in order to justify their fight against terror, why shouldn’t the Navy do the same in its shift to the Pacific?  Compounding tensions in the shallow S. China Sea to keep Congress from cancelling the LCS program is merely par for the course.  (SEE:  What Price Freedom? Questions Surround LCS-1 US Navy’s First Littoral Combat Ship Enters Dry Dock for Repairs)]

LCS to Boost U.S. Presence in Disputed South China Sea

military dot com

LCS to Boost U.S. Presence in Disputed South China Sea

The speed, maneuverability and shallow draft of the Navy’s Littoral Combat Ship makes the platform well suited for the South China Sea, Pentagon leaders said while releasing a new Asia-Pacific maritime strategy document.

“The LCS is ideally suited for a role in the South China Sea. It is fast, light and flexible and it has a fifteen foot draft so it can go places other vessels cannot go. We plan to have four LCS ships in Singapore on a rotational basis by 2018,” David Shear, assistant secretary of defense for Asian and Pacific security affairs, told reporters on Friday.

The service has long planned to rotate the ships through Singapore as part of the Pentagon’s shift to the Pacific. However, the increasing LCS fleet size underscores the potential value of the platform in the South China Sea region, where there are many shallow ports inaccessible to larger-draft ships.

The Navy is preparing to receive four more of its shallow-water Littoral Combat Ships between now and February, effectively doubling its current fleet and paving the way for more deployments.

On Aug. 11, the Navy formally accepted delivery of LCS 6, the USS Jackson, during a ceremony at the Austal USA shipyard in Mobile, Ala.

Following this delivery, the service is preparing to accept delivery of LCS 5, the USS Milwaukee, in October of this year and the USS Montgomery, LCS 8, in December of this year, Naval Sea Systems Command spokesman Chris Johnson recently said.

On the heels of these deliveries, the Navy plans to receive the USS Detroit, LCS 7, in February of next year, he added.

“By early next year, the Navy will be operating eight littoral combat ships and we’ll be accepting four more by the end of 2016. The Navy will continue to accept ships at that rate for the next several years making the LCS class the second largest surface combatant class in the fleet and the key to our ability to operate in shallow, coastal waterways around the world,” Johnson recently told Military​.com.

Shear explained that stepping up LCS missions in the South China Sea is part of a broader strategic effort to maintain presence and patrol the area in light of China’s recent efforts to build artificial land structures in the contested Spratly Islands.

China’s island building, referred to by Pentagon officials as land reclamation, has been ongoing effort to further fortify their territorial claims in the region. Pentagon officials have said the China has reclaimed over 2,000 acres of area over the last 18 months, more than all other claimants in the region combined.

In June, Pentagon officials publicly acknowledged that China was placing weapons on the reclaimed islands.

“Our approach to the South China Sea has been robust. We have engaged China repeatedly at the highest levels to implement a permanent halt to reclamation. We of course have a very strong and persistent military presence designed to maintain peace and stability,” he said.

The Spratly Islands includes an area of more than 750 reefs, small islands and atolls in the South China Sea off the coasts of the Philippines, Malaysia and Vietnam. Highly disputed for centuries, the area is rich in oil and natural gas. Countries claiming rights to territory in the Spratly Islands include China, Malaysia, Vietnam, Philippines, Taiwan, and Brunei.

Shear referenced an ongoing congressional effort to add funds to the 2016 defense bill slated for arming and training U.S. allies in the Pacific.

The South China Sea includes strategically vital waterways, important to international trade. Defense Secretary Ashton Carter has criticized China’s artificial island-building and said the U.S. would not be deterred by China’s moves.

“China has said it has stopped reclamation but it is not clear to us if they have stopped or are just finishing up. There is the potential for militarization of these features. We call for a permanent halt to all of these activities. The U.S. does not recognize the sovereignty claims of these artificial islands,” Shear said.

Under the U.N. Convention on the Law of the Sea, negotiated in the 1980s and updated in the 1990s, an island is defined as a “naturally formed area of land above the water at high tide.” Also, article 60 of the U.N. Convention says “artificial islands are not entitled to territorial seas.”

Shear added that the U.S. would continue to step up its military presence in the area and work closely with allies in the region. He cited the deployment of V-22 Osprey tilt-rotor aircraft and two new missile-defense capable destroyers to Japan. Furthermore, the Navy’s new high-tech DDG 1000 Zumalt-class destroyer is slated for the Pacific.

“US forces currently present in the South China Sea conduct a variety of presence operations. We are in the South China Sea on a regular basis,” Shear said.

Shear also added the Navy’s new P-8 Poseidon surveillance plane will also continue to help military efforts in the Pacific. “We have a vested interest in ensuring that territorial claims are resolved peacefully,” he explained.