Loretta Lynch to accept DOJ, FBI recommendations on Clinton emails
Source: CNN
Attorney General Loretta Lynch will accept the "determinations and findings" of the FBI and career prosecutors who are investigating Hillary Clinton's use of a private email server while she was secretary of state, a Justice Department official said Friday.
Lynch is expected to discuss her handling of the case at an event Friday morning in Aspen, Colorado.
The news of Lynch's decision, which sources told CNN has been in the works for months, was first reported by The New York Times.
The assurances from the official follow criticism stemming from a private meeting Lynch had with former President Bill Clinton at a Phoenix airport earlier this week.
Read more: http://www.cnn.com/2016/07/01/politics/lynch-to-accept-guidance-from-fbi-on-clinton-email-probe/index.html
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Here is the Joint Statement of the Inspector Generals issued a year ago:
https://oig.state.gov/system/files/statement_of_the_icig_and_oig_regarding_review_of_clintons_emails_july_24_2015.pdf.
(If pdf does not come up, go to statement posted at office of the Director of National Intelligence: https://www.dni.gov/index.php/newsroom/press-releases/210-press-releases-2015/1232-statement-from-the-inspectors-general-of-the-intelligence-community-and-the-department-of-state-regarding-the-review-of-former-secretary-clinton-s-emails )
Statement from the Inspectors General of the Intelligence Community and the Department of State Regarding the Review of Former Secretary Clinton's Emails
Yesterday the Office of the Inspector General ofthe Intelligence Community (IC IG) sent a congressional notification to intelligence oversight committees updating them of the IC IG support to the State Department IG (attached).
The IC IG found four emails containing classified IC-derived information in a limited sample of 40 emails of the 30,000 emails provided by former Secretary Clinton. The four emails, which have not been released through the State FOIA process, did not contain classification markings and/or dissemination controls. These emails were not retroactively classified by the State Department; rather these emails contained classified information when they were generated and, according to IC classification officials, that information remains classified today. This classified information should never have been transmitted via an unclassified personal system.
A lot of people still seem to have missed that one.
Finally, it is not possible that HRC did not know that, as the security agreement she signed on January 22, 2009 stated the same thing:
Here is Hillary's Security Oath and the statute it references, 18 USC Sec. 793. Go ahead and read it. Hillary signed this document on 01/22/09:
?w=500&h=262
! 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 classified 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 classified 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.
Even if the investigators recommend indictment, the GJ could still no-bill.
IANAL, just somebody who knows that the old adage about indicting a ham sandwich also works in reverse. Here in Texas, a Harris County GJ returned an indictment against a Republican Texas Supreme Court justice for arson, but the county DA -- also a Republican -- declined to prosecute. (Google "David Medina arson"
.
Either of these outcomes could spark a very loud uproar.
There may also be some protracted negotiations around pleading down a charge of mishandling of classified data, as there were with Sandy Berger and David Petreaus.
