Four Laws That Could Put Hillary in Jail

From The Daily Caller:


Democratic presidential candidate Hillary Clinton and key aides are vulnerable to three felony charges and one misdemeanor count under the Espionage Act because of the unauthorized transfer of classified documents to her private email server, former national security and law enforcement officials tell The Daily Caller News Foundation.

As many as 150 FBI agents are deployed on the case and FBI Director James Comey and Attorney General Loretta Lynch are reportedly meeting twice weekly to discuss the progress of the investigation.

The FBI is reportedly in the “final stages” of its probe and working closely with members of the Department of Justice’s National Security Division to decide if a prosecution goes forward.

On Jan. 14, I. Charles McCullough III, inspector general for the intelligence community, revealed of the 1,000 classified documents found on Clinton’s server, about two dozen are Top Secret and SAP materials. SAP documents are higher than the Top Secret classification and contain the nation’s most sensitive secrets.

 Former law enforcement and intelligence officials contacted by TheDCNF agree if there is wrongdoing, it is likely prosecutors will focus on the classified documents.

The most serious charges are felonies cited in Title 18 of the U.S. Code of the Espionage Act in sections 793, 798 and 1001. Experts contacted by TheDCNF say these could serve as the foundation for any criminal prosecution of Clinton or her aides.

Section 793 applies to anyone who has been “entrusted” with information relating to the national defense. The law applies to a federal official who “through gross negligence permits” information “to be removed from its proper place of custody or delivered to anyone in violation of his trust, to be lost, stolen, abstracted or destroyed.”

Section 798 applies to any government official who “knowingly and willfully communicates” information “to an unauthorized person.” Section 1001 addresses giving “false statements.”

Clinton and her aides also could be charged under section 1924, which is a misdemeanor. This was the April, 2015, charge former CIA Director David Petraeus negotiated with prosecutors for sharing classified information with a mistress who also served as his biographer.

But the felony charges loom large. “A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented material using a private server system,” says retired Brig. Gen. Kenneth Bergquist who also served as an assistant attorney general at the Justice Department.

“The prosecutor’s charging document would likely include felony counts under 18 U.S. Code, Section 793 and under 18 U.S. Code Section 798 against each transmitting individual as well as separate counts against each receiving and retaining individual,” he told TheDCNF.

Ronald T. Hosko, who enjoyed a 30-year career in the FBI and served as the bureau’s assistant director for its criminal division until 2014, agrees. He particularly looks at Section 793.

“This certainly applies to those who would take classified materials and move it to an unauthorized server in an unauthorized location, in this case to her [Clinton’s] house,” he told TheDCNF.

“The prohibited conduct is the unsecured transmission of highly classified information,” to Clinton’s server, “as well as the receipt and retention of highly classified information in an unapproved manner,” says Bergquist.

“As a former career senior intelligence officer and special operations special mission intelligence officer and National Security Council staff member, I believe it is inconceivable that if it is verified that Hillary Clinton’s server contained or had SAP information on it that she could possibly escape indictment and criminal prosecution,” adds retired Col. James Waurishuk, a 30-year veteran in the national security field.

Hosko notes Section 1001 also could be invoked by prosecutors, which addresses giving “false statements.”

When federal officials leave office, they sign documents that “in effects say, ‘you can’t take any state secrets with you.’” The document states the federal official is signing it under the penalty of perjury.

“You wonder, did she knowingly and intentionally sign it, knowing full well ‘all my records are going with me,’” asks Hosko.

Clinton aides Cheryl Mills, Huma Abedin and Jacob Sullivan may be very vulnerable to charges.

Waurishuk told TheDCNF “Staff aides like Huma Abedin, Cheryl Mills, etc. had absolutely ‘zero’ reason to have any access to any SAPs, period. How that happened and who authorized it is criminal in itself.”

Hosko says the espionage act sections pertain to “having knowledge that materials were illegally removed from its proper place” and it also is a crime if one “fails to make prompt report of such loss to his superior.”

“Does that apply to those circle of aides who were involved in the transmission of this sensitive information? On the surface it looks like the answer is ‘yes,’” says Hosko.

[dcquiz] Penalties for Espionage Act felonies involving federal officials who “knowingly remove classified material without the authority to do so and with the intention of keeping that material at an unauthorized location” are up to one year and $1,000. Petraeus was fined $100,000 for his misdemeanor case.

If the removal makes classified information available “to an unauthorized person,” the fines escalate to $10,000 and 10 years in prison. The penalties increase to 15 years per count if any the disclosure of information identifies a covert agent.

Intelligence officials have charged that Clinton’s home-brew server was hacked by foreign intelligence agencies, divulging an unknown amount of intelligence information to foreign governments, including HUMINT, which is human intelligence that can cover covert agents.


Four laws – 3 felonies and 1 misdemeanor – that could put Hillary and her aides in jail, yet she’s raking in huge donations and campaigning for president. Is this a great country, or what?

Well, here’s another one that can be found in the National Archives (emphasis is mine) –

Concealment, Removal, or Mutilation of Records

(18 U.S.C. § 2071)

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

The FBI has found hundreds of emails that should never have gone through her server, but the headlines for these stories have disappeared. Like Benghazi, it’s almost as if it never happened because they drag out the process so long that people forget just how evil and treasonous she is.

I have serious doubts that they’ll ever indict her which proves that some people are indeed above the law.


Categories: Political


8 replies

  1. While I understand that we’re only hearing about the FBI’s investigation relative to classified information since those are the most serious charges, I’d still like to see someone list ALL of the laws that she broke during her stint at State. I include selling influence for contributions to the family foundation, etc. I believe that if all of the laws that she circumvented were listed, it would take a book to contain them all. It’s downright wrong that some low information voters will see her current troubles as if some “mistakes” were made relative to document classification and that’s all.


    • A large book at that, Garnet, because the list would be really long. The other thing not being talked about is who she was corresponding with in all those emails. Other government staff? Leaders of other countries? We know Sid Blumenthal was in the thick of things and he had no authority to see much of what he did.


  2. The pardons have been prepared in advance. They must coverup the involvement of the admin at all costs. I’m betting that there is a massive attempt at sealing all records before long. And never forget that Lynch replaced Holder as the current AG who only does as ordered by the emperor.


    • I’d bet you’re right about the pardons, Jim. Hillary and O have so much dirt on each other, most especially regarding Benghazi, that they’ll be covering for each other until rapture. If one ever breaks, their whole boat sinks – a sight I’d pay to see.

      When the spineless Congress approved Lynch, it was a given that she was going to be Holder in a dress. We all saw it, even though they thought they fooled us.

      Thanks for joining in the conversation.


  3. Here’s what I don’t understand. How could a Secretary of State justify exclusively using a private server for both personal and gov’t business email when there is a 100% certainty that classified information would pass through that server? She always likes to say, “I never received or sent anything that was marked classified at the time it was received or sent,” but how is that even possible for a Secretary of State? You would have to be a real dunce to believe such a story.

    Hillary is counting on either the corruption of the Obama Administration or the snail-like pace of justice to save her. If she can become president-elect before an indictment is handed down, she’s home free. (On the other hand, if Ted Cruz becomes POTUS, her butt is toast).

    Go Ted!


    • Apparently she thinks we’re all dunces because she said that many times, even though there are hundreds of emails that prove otherwise. Lucky for her she has both the corruption and the snail’s pace working in her favor and intentionally at that.
      Ditto the go Ted!


  4. There really is no excuse for the continuance of a presumption of innocence with Hillary. When she tried to have the server destroyed, that was a blatantly criminal act. Even trying to wipe the hard drive was criminal, because she was erasing government records along with her private ones.

    No, this is the complete end of a true rule of law if she escapes not only indictment, but conviction.


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