A Circumstantial Smoking Gun

The Internet has gone a bit crazy (as it sometimes does) about new Hillary Clinton emails released that show her instructing someone to remove the classified header and footing from a classified document and then send it over a regular fax machine. That is a serious offense that would send an ordinary citizen to jail. Therein lies the problem–Hillary Clinton is not an ordinary citizen. That is not a problem for Hillary–that is a problem for America. Somehow we have forgotten the concept of equal justice under the law.

Ed Morrissey posted the details of the story at Hot Air yesterday. The article includes a picture of the email in question. I recommend going to Hot Air and reading the entire article, but here are some highlights:

Has the State Department released a smoking gun in the Hillary Clinton e-mail scandal? In a thread from June 2011, Hillary exchanges e-mails with Jake Sullivan, then her deputy chief of staff and now her campaign foreign-policy adviser, in which she impatiently waits for a set of talking points. When Sullivan tells her that the source is having trouble with the secure fax, Hillary then orders Sullivan to have the data stripped of its markings and sent through a non-secure channel.

I don’t even have the words to tell you how much of a ‘no-no’ that is when dealing with classified information. The relevant criminal (yes, I said criminal) statutes are posted in the article at Hot Air.

There is an update to the article at Hot Air that concludes:

Update: There are a few people wondering whether the “TPs” (talking points”) in question in this thread were classified in the first place. There are a couple points to remember in that context:

  • Unclassified material doesn’t need to be transmitted by secure fax; if the material wasn’t classified, Sullivan would have had them faxed normally.
  • Ordering aides to remove headers to facilitate the transmission over unsecured means strongly suggests that the information was not On top of that, removing headers to avoid transmission security would be a violation of 18 USC 793 anyway, which does not require material to be classified — only sensitive to national security.
  • State did leave this document unclassified, but that’s because there isn’t any discussion of what the talking points cover. They redacted the subject headers with B5 and B6 exemptions, invoked to note that the FOIA demand doesn’t cover the material (in their opinion).

Ordering the headings stripped, and Sullivan’s apparent reluctance to work around the secure fax system, makes it all but certain that the material was classified at some level — and Hillary knew it.

I am sharing this information because it is something voters need to be aware of. Do I think this will amount to anything? No. I have become somewhat cynical about enforcing any laws regarding the Clintons. Unless the FBI decides to go against the obvious political biases of the Justice Department, this is not going anywhere. If there is someone in the FBI who has enough ethics and backbone to pursue this, we might see something, but I doubt it. General Patraeus was charged and convicted of a much lesser infraction and was dealt with. He obviously was not part of the in crowd and did not know where enough of the bodies were buried. The Clintons know where all the bodies are buried and probably helped bury a few of them.