Judge Nap on New Email Revelations: Hillary’s Top Aides Could Be Indicted

Judge Nap on New Email Revelations: Hillary’s Top Aides Could Be Indicted


Judge Andrew Napolitano gave us his take this morning on the newest revelations in the Hillary Clinton email scandal.

In recent weeks, Fox News has reported that on her private email server, Clinton had information that was even more sensitive than those with the “top secret” classification.

In a new exclusive, Catherine Herridge and Pam Browne reported that at least a dozen email accounts handled the “top secret” intelligence that was recently deemed too damaging for national security to be released.

The official said the accounts include not only Clinton’s but those of top aides – including Cheryl Mills, Huma Abedin, Jake Sullivan and Philippe Reines – as well as State Department Under Secretary for Management Patrick F. Kennedy and others.  There is no public evidence they were authorized to receive the intelligence some of which was beyond Top Secret.

A second source not authorized to speak on the record said the number of accounts involved could be as high as 30 and reflects how the intelligence was broadly shared, replied to, and copied to individuals using the unsecured server.

Judge Napolitano said on America’s Newsroom that Clinton’s “reckless” handling of top-secret emails leaves her top aides open to possible indictment by the federal government.

“The FBI now has leverage. The Justice Department can indict her top aides and trade with them. What would they want? Testimony against Clinton in return for a deal with them. This is the way the government works,” he said.

Napolitano explained that these aides did not have the required security clearances to receive the information contained in these emails.

22 Clinton Emails Deemed Too Classified to Be Made Public

22 Clinton Emails Deemed Too Classified to Be Made Public


The State Department on Friday said for the first time that “top secret” material had been sent through Hillary Clinton’s private computer server, and that it would not make public 22 of her emails because they contained highly classified information.

The department announced that 18 emails exchanged between Mrs. Clinton and President Obama would also be withheld, citing the longstanding practice of preserving presidential communications for future release. The department’s spokesman, John Kirby, said that exchanges did not involve classified information.

The disclosure of the top secret emails, three days before Iowans vote in the first-in-the-nation caucuses, is certain to fuel the political debate over the unclassified computer server that Mrs. Clinton, the front-runner for the Democratic presidential nomination, kept in her home. The State Department released another set of her emails on Friday night in response to a Freedom of Information Act request.

The top secret emails lent credence to criticism by Mrs. Clinton’s rivals in the presidential race of her handling of classified information while she was secretary of state from 2009 to 2013. It is against the law for officials to discuss classified information on unclassified networks used for routine business or on private servers, and the F.B.I. is looking into whether such information was mishandled.

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Neither Mr. Kirby nor other officials would discuss the emails now being withheld, but the classified emails include those cited in a letter sent to the Senate on Jan. 14 by the inspector general of the nation’s intelligence agencies, I. Charles McCullough III.

Clinton’s email excuses are falling apart

Clinton’s email excuses are falling apart


Hillary Clinton went into damage-control mode when news broke that the inspector general of the intelligence agencies had identified additional classified emails on her private server, including ones containing intelligence on covert “Special Access Programs.” Her campaign even accused the inspector general — an Obama appointee confirmed by a Democratic-controlled Senate — of engaging in a “coordinated leak” with Republicans “for the purposes of hurting her campaign.”

Lash out as she might, Clinton’s constantly changing email story is rapidly falling apart. First, Clinton claimed there was “no classified material” on her private server — which turned out to be untrue. Then she claimed none of the intelligence on her server was “classified at the time” — which also turned out to be untrue. Now, in a National Public Radio interview last week, Clinton said there was no information that was “marked classified.”

But this is not a defense.

It is against the law to remove classification markings from classified information and enter it into an unclassified system — which is the only way this information could have found its way into more than 1,300 emails on Clinton’s personal server. There is no way to “accidentally” send classified information by unclassified email. Senior officials have separate computers in their offices for classified and unclassified information. The two systems are not connected. The only way information from the classified system can make it onto an unclassified system is for someone to intentionally put it there — either by taking a document that is marked classified and typing the information without markings into an unclassified email, or by putting a thumb drive into their classified computer, downloading information and then putting that thumb drive into an unclassified computer, as Edward Snowden did. In either case, it is a crime.

So Clinton’s defense that the information was not “marked” classified does not absolve her of wrongdoing. Quite the opposite, it puts her in greater legal jeopardy.

The revelation that the intelligence on her private server included discussions of Special Access Programs makes the situation even more serious. Having any classified information on your private server is against the law. But Special Access Programs contain information so sensitive, it is given a secret “codeword” and placed into a “compartment” to which only a small number of specially cleared people have access. To see this information, it is not enough to have Top Secret security clearance; you have to be cleared for that specific compartment.

Having that kind of super-sensitive, codeword-protected, compartmented information on her unsecured server in her Chappaqua, N.Y., basement put U.S. national security in grave danger — because foreign powers could easily hack into her system and get it. In August, NBC News reported that “China’s cyber spies have accessed the private emails of ‘many’ top Obama administration officials . . . and have been doing so since at least April 2010. The email grab — first codenamed ‘Dancing Panda’ by U.S. officials, and then ‘Legion Amethyst’ — was detected in April 2010 . . . [and] is still going on.” We also know that Russian hackers successfully penetrated the State Department’s computer systems. Does anyone believe they did not target Clinton’s unsecured private server as well?

Poll: Clinton tops Trump in general election

Poll: Clinton tops Trump in general election


Hillary Clinton would beat Donald Trump in a general election match-up if the election were held today, a new poll shows.

Clinton beats Trump, 49% to 39%, head-to-head. She would be neck-and-neck with other GOP contenders — including former tech CEO Carly Fiorina (45% to Clinton’s 44%), retired neurosurgeon Ben Carson (46% to Clinton’s 45%), former Florida Gov. Jeb Bush (44% to Clinton’s 45%).

But if Vice President Joe Biden runs for president, he’d enter the race as the most popular presidential candidate, according to the NBC News/Wall Street Journal survey.

Clinton’s favorability rating is underwater: 39% of voters view her favorably, while 47% say they see the former secretary of state unfavorably.

But Trump’s problem is much bigger. He’s seen favorably by 25% of the general electorate, compared to unfavorably by 58%.

Strong evidence that Trump is running to help Hillary

Strong evidence that Trump is running to help Hillary

It was recently made public that Bill Clinton and Donald Trump had a phone call in the weeks leading up to Trump’s entrance in the presidential race.

Former president Bill Clinton had a private telephone conversation in late spring with Donald Trump at the same time that the billionaire investor and reality-television star was nearing a decision to run for the White House, according to associates of both men.

Four Trump allies and one Clinton associate familiar with the exchange said that Clinton encouraged Trump’s efforts to play a larger role in the Republican Party and offered his own views of the political landscape.

That set off eyebrows among Republicans. But the truth is, Trump and the Clinton’s have long been friends.

In July, Trump picked Bill Clinton as his favorite among the last four. He also praised the Clintons during the 2008 elections, and was big on Obama picking Hillary Clinton as VP, something he ultimately decided not to do. The fact that he used words like “fantastic people” and “good people” to describe the notoriously shady Clintons should disturb conservatives. The Clintons also attended Trump’s wedding.

Trump donated to the Clinton Foundation and Hillary’s Senate campaigns for years.

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From a political point of view, how would a Donald Trump run help Hillary Clinton?

His campaign alone is alienating women, minorities, and independents from the GOP, which in turn helps Hillary’s narrative. She is running to be the first female President, and she is rumored to pick Hispanic Julian Castro as her VP.

Trump is also currently blocking fresh blood like Rubio, Paul, Cruz, Walker, etc. from challenging Jeb Bush. Americans are generally far more receptive to electing another Clinton than another Bush.

If Trump himself becomes the nominee, polls show him losing in dramatic fashion.

Trey Gowdy: Hillary Clinton wiped email server clean

Trey Gowdy: Hillary Clinton wiped email server clean


Hillary Clinton wiped “clean” the private server housing emails from her tenure as secretary of state, the chairman of the House committee investigating the 2012 terrorist attacks in Benghazi said Friday.

“While it is not clear precisely when Secretary Clinton decided to permanently delete all emails from her server, it appears she made the decision after October 28, 2014, when the Department of State for the first time asked the Secretary to return her public record to the Department,” Rep. Trey Gowdy (R-S.C.), chairman of the Select Committee on Benghazi, said in a statement.

Clinton was under a subpoena order from the panel for all documents related to the 2012 attacks on the American compound there. But David Kendall, an attorney for Clinton, said the 900 pages of emails previously provided to the panel cover its request.

Kendall also informed the committee that Clinton’s emails from her time at the State Department have been permanently erased.

Gowdy said that Clinton’s response to the subpoena means he and Speaker John Boehner (R-Ohio) will now contemplate new legal actions against Clinton.

“After seeking and receiving a two week extension from the Committee, Secretary Clinton failed to provide a single new document to the subpoena issued by the Committee and refused to provide her private server to the Inspector General for the State Department or any other independent arbiter for analysis,” Gowdy said.

Clinton previously said she decided to delete the emails after her lawyers reviewed the server for work-related correspondence. She said the deletion of private emails occurred “at the end” of that review.

In a letter provided to the committee, Kendall said Clinton would not be turning over the server to a third-party for review and that the emails no longer exist on the private server located in her New York home.

“There is no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account,” Kendall wrote. “To avoid prolonging a discussion that would be academic, I have confirmed with the secretary’s IT support that no emails…..for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server.”

Charity watchdog: Clinton Foundation a ‘slush fund’

Charity watchdog: Clinton Foundation a ‘slush fund’


The Clinton Foundation’s finances are so messy that the nation’s most influential charity watchdog put it on its “watch list” of problematic nonprofits last month.

The Clinton family’s mega-charity took in more than $140 million in grants and pledges in 2013 but spent just $9 million on direct aid.

The group spent the bulk of its windfall on administration, travel, and salaries and bonuses, with the fattest payouts going to family friends.

On its 2013 tax forms, the most recent available, the foundation claimed it spent $30 million on payroll and employee benefits; $8.7 million in rent and office expenses; $9.2 million on “conferences, conventions and meetings”; $8 million on fundraising; and nearly $8.5 million on travel. None of the Clintons is on the payroll, but they do enjoy first-class flights paid for by the foundation.

In all, the group reported $84.6 million in “functional expenses” on its 2013 tax return and had more than $64 million left over — money the organization has said represents pledges rather than actual cash on hand.

Some of the tens of millions in administrative costs finance more than 2,000 employees, including aid workers and health professionals around the world.

But that’s still far below the 75 percent rate of spending that nonprofit experts say a good charity should spend on its mission.

Charity Navigator, which rates nonprofits, recently refused to rate the Clinton Foundation because its “atypical business model . . . doesn’t meet our criteria.”

Charity Navigator put the foundation on its “watch list,” which warns potential donors about investing in problematic charities. The 23 charities on the list include the Rev. Al Sharpton’s troubled National Action Network, which is cited for failing to pay payroll taxes for several years.

Other nonprofit experts are asking hard questions about the Clinton Foundation’s tax filings in the wake of recent reports that the Clintons traded influence for donations.

“It seems like the Clinton Foundation operates as a slush fund for the Clintons,” said Bill Allison, a senior fellow at the Sunlight Foundation, a government watchdog group where progressive Democrat and Fordham Law professor Zephyr Teachout was once an organizing director.

In July 2013, Eric Braverman, a friend of Chelsea Clinton from when they both worked at McKinsey & Co., took over as CEO of the Clinton Foundation. He took home nearly $275,000 in salary, benefits and a housing allowance from the nonprofit for just five months’ work in 2013, tax filings show. Less than a year later, his salary increased to $395,000, according to a report in Politico.

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Nine other executives received salaries over $100,000 in 2013, tax filings show.

Benghazi chairman: Clinton wiped private email server ‘clean’

Benghazi chairman: Clinton wiped private email server ‘clean’


The head of the House Select Committee on Benghazi says former Secretary of State Hillary Clinton has erased all information from the personal email server she used while serving as the nation’s top diplomat.

“We learned today, from her attorney, Secretary Clinton unilaterally decided to wipe her server clean and permanently delete all emails from her personal server,” Rep. Trey Gowdy (R-S.C.) said in a statement Friday.

He said while it’s “not clear precisely when Secretary Clinton decided to permanently delete all emails from her server, it appears she made the decision after October 28, 2014, when the Department of State for the first time asked the Secretary to return her public record to the Department.”

Last week, Gowdy sent a letter to Clinton’s attorney asking that the email server be turned over to a third party in the hopes that an investigation could recover about 30,000 emails that her team deleted before turning the rest over to the State Department.

Gowdy said “it is clear Congress will need to speak with the former Secretary about her email arrangement and the decision to permanently delete those emails.”

Hillary Clinton Used Personal Email Account at State Dept., Possibly Breaking Rules

Hillary Clinton Used Personal Email Account at State Dept., Possibly Breaking Rules


Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record.

Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.

It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.

Her expansive use of the private account was alarming to current and former National Archives and Records Administration officials and government watchdogs, who called it a serious breach.

“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business,” said Jason R. Baron, a lawyer at Drinker Biddle & Reath who is a former director of litigation at the National Archives and Records Administration.