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Fox News has obtained an unclassified letter from the Inspector General’s office, dated January 14th, that says not only did Hillary Clinton have classified information on the home server that she used, but that it goes even beyond the “top secret” classification.
Fox News exclusively obtained the text of the unclassified letter, sent Jan. 14 from Intelligence Community Inspector General I. Charles McCullough III. It laid out the findings of a recent comprehensive review by intelligence agencies that identified “several dozen” additional classified emails — including specific intelligence known as “special access programs” (SAP).
That indicates a level of classification beyond even “top secret,” the label previously given to two emails found on her server, and brings even more scrutiny to the presidential candidate’s handling of the government’s closely held secrets.
“To date, I have received two sworn declarations from one [intelligence community] element. These declarations cover several dozen emails containing classified information determined by the IC element to be at the confidential, secret, and top secret/sap levels,” said the IG letter to lawmakers with oversight of the intelligence community and State Department. “According to the declarant, these documents contain information derived from classified IC element sources.”
Intelligence from a “special access program,” or SAP, is even more sensitive than that designated as “top secret” – as were two emails identified last summer in a random sample pulled from Clinton’s private server she used as secretary of state. Access to a SAP is restricted to those with a “need-to-know” because exposure of the intelligence would likely reveal the source, putting a method of intelligence collection — or a human asset — at risk. Currently, some 1,340 emails designated “classified” have been found on Clinton’s server, though the Democratic presidential candidate insists the information was not classified at the time.
Remember the old James Bond top secret instruction (also a movie) “for your eyes only”? Yeah, it’s like that.
“There is absolutely no way that one could not recognize SAP material,” a former senior law enforcement with decades of experience investigating violations of SAP procedures told Fox News. “It is the most sensitive of the sensitive.”
Executive Order 13526 — called “Classified National Security Information” and signed Dec. 29, 2009 — sets out the legal framework for establishing special access programs. The order says the programs can only be authorized by the president, “the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence, or the principal deputy of each.”
If anyone cares to remember, former general and CIA director David Petraeus was convicted of violating the secrecy of SAP information.
According to court documents, former CIA Director David Petraeus was prosecuted for sharing intelligence from special access programs with his biographer and mistress Paula Broadwell. At the heart of his prosecution was a non-disclosure agreement where Petraeus agreed to protect these closely held government programs, with the understanding “unauthorized disclosure, unauthorized retention or negligent handling … could cause irreparable injury to the United States or be used to advantage by a foreign nation.” Clinton signed an identical non-disclosure agreement Jan. 22, 2009.
Petraeus pled guilty to a misdemeanor, paid a fine, and is on probation for his “unauthorized disclosure” to his mistress. Hillary could absolutely be indicted for the “negligent handling” part of that very same non-disclosure agreement.
Under 18 USC 793 subsection F, the information does not have to be classified to count as a violation. The intelligence source, who spoke on the condition of anonymity citing the sensitivity of the ongoing probe, said the subsection requires the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location.
As the information slowly continues to trickle out about Hillary, her emails, and her homebrew server, one gets the unshakable sense that this is a modern-day Al Capone case. While you know there is guilt everywhere for multiple crimes, the only thing that can actually proved in a court of law is the tax evasion. There might never be justice for what happened in Benghazi, or any accountability for the trashing and destruction of the women Bill assaulted, but evidence is all there for the negligent handling of these high-level “for your eyes only” top secret emails.
We all know that Hillary fully believes that no one is “too powerful to jail.”
It remains to be seen if Attorney General Loretta Lynch and the Justice Department feel the same way.
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