Who had greater authority than Hillary to classify or declassify State Dept info?

[pnwmom]

Last edited Fri Jan 29, 2016, 06:24 PM - Edit history (1)

Only the President.

http://www.archives.gov/about/laws/appendix/12958.html

Sec. 1.3. Classification Authority.

(a) The authority to classify information originally may be exercised only by:

(1) the President and, in the performance of executive duties, the Vice President;

(2) agency heads and officials designated by the President in the Federal Register; and

(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.

As agency head, she was the person with the ultimate authority to classify or declassify all State info. So her determination was the only thing that mattered -- unless President Obama chose to overrule her.

So what is all the fuss about? The fuss is caused by the fact that different agencies have different standards for review. And that, because of the Rethug inspired investigation, which caused her to request that all her emails be released to the public, non-state people are now reviewing the emails and using a process called "retroactive classification" -- which allows them to decide that, in their opinion, some of the emails should have been classified in the first place.

http://www.dailykos.com/story/2015/8/23/1414656/-Retroactive-Classification-of-Sensitive-Material-is-Made-up-Bullcrap

There is plenty more which fair-minded folks should understand in this intentionally contorted matter. Under longstanding law, it is the President of the United States who has first and final authority as to what should be classified as "sensitive information." Then just below the President the heads of agencies (such as the Department of State or the CIA or the Treasury Department, etc.) have the immediate, day to day authority and responsibility to determine what is to be considered sensitive or classified information, and how it is to be treated and safeguarded within each agency. Therefore, each agency may have different rules as to what is to be classified as "national security sensitive." So one should appreciate that the CIA may have far stricter rules concerning classified information than Hillary had as agency head of the State Department.

Also, an agency head such as Hillary Clinton also had the requisite power and authority in her own right (and upon her own say) to declassify formerly classified information, although there is a procedure that should be followed, if time allows for same.

What should be appreciated is that agency heads (like Hillary was) have plenary power concerning sensitive classified information within their respective federal agencies. For example, it would have been well within Hillary's discretion as to whom within her agency would be given clearance to receive and/or read classified information of whatever type and status - be it top secret or otherwise.

She was also empowered to give people outside her agency special clearance to read classified information if it might help her and her agency to better understand a particular political issue. (Doesn't the name of Bloomberg come into play here?) Well folks, this happens all the time within the various federal agencies (think Henry Kissinger advising Presidents over the years while he was a civilian). Of course the CIA does this and quite often. We probably can't count the number of times that individuals working for Blackwater were read into CIA classified material - even the top secret kind - during the Presidency of George W. Bush.

Furthermore, an agency head, and particularly Hillary Clinton while she was Secretary of State, had plenary authority to determine where and under what circumstances sensitive information might be stored. This determination is done all the time when embassies and CIA fronts, across the world open up, close down, or move. Additionally, there are many, many Department of State offices around the world that are authorized to receive and store sensitive information which are not located in the main Department of State Building located in Washington, D.C..

[bkkyosemite]

1. And if she used proper judgement she would have never

allowed that information on a private server of hers.

[pnwmom]

2. Why? It wasn't any less safe than the computers Snowden had access to. n/t

[bvf]

8. It rained here last Thursday.

That has exactly as much relevance to any of this as does Snowden.

Zero. But nice feint.

[VulgarPoet]

24. Considering those were Government IS's

yes, as a matter of fact, they would have been. Especially in the heart of the NSA. The fact of the matter is, it's a trivial matter-- or at least it was a trivial matter before Snowden happened-- to simply burn files to disc or off of discs onto the hard drives of Government Information Systems. Hell, one of my supervisors talked about one of his troops that kept his work computer stacked with music until a a unit level re-imaging was ordered.

But nice feint nonetheless. We all know how much the neoliberals want to prosecute legitimate whistleblowers on illegal activity.

[Cheese Sandwich]

3. It's not against the rules when I do it because I make the rules.

:evil laugh:

[pnwmom]

5. The evil is in the practice of "retroactive classification," by which

anyone, including you, could be subject to prosecution for having in their computer a document they downloaded from a government web site that, years later, was declared to be retroactively classified.

[Iliyah]

4. It really doesn't matter what HRC does or don 't do, GOP masters will fine something

and twist it around. Most Americans are rolling their eyes.

[randys1]

6. Make no mistake, the GOP, Karl Rove, Koch Bros, HATE Hillary, I mean they

fucking HATE her.

And they have trained their idiot followers to hate her.

Part of me wants her to win only to shove it in their face, but I prefer Bernie and until someone shows me he cant beat the pricks in November, that is who I am sticking with.



p.s.

Did I say they HATE her?

[pnwmom]

10. They hate Obama, too. They hate any powerful Dem. They will have Bernie, too,

if he wins the nomination.

[randys1]

12. And since the emails werent top secret when she recieved them I dont know why it is

a story here

[Fumesucker]

7. It's not illegal when the President does it

Hey, it worked for Nixon..

Oh, wait.

[pnwmom]

9. The issue for Nixon had nothing to do with this. The law very clearly sets out

who has the authority for deciding information is classified. It's a subjective judgment made by the President or the Agency Heads. She was the SoS.

[Fumesucker]

11. Are you saying Hillary declassified the information?

If that is so then why can't the emails be released?

[pnwmom]

13. I'm saying it wasn't classified in the first place and that the whole issue now

is about a nefarious practice called "retroactive classification." A practice that has actually resulted in historical information being taken down from government websites -- after being available to the public for years -- and retroactively deemed classified.

Some people outside of State are now responding to a FOIA request and retroactively deciding that some documents should be classified that State didn't think necessary to classify. It's a difference of opinion between different state agencies. Different agencies have different ideas about what should be classified, so we have a hodgepodge of standards about what this entails -- in the end, there's subjective judgment involved.

But within the department of State, during her time, Hillary was the ultimate authority on what would be classified. If she said it was classified, then it was -- unless Obama overruled her.


http://www.archives.gov/about/laws/appendix/12958.html

Sec. 1.3. Classification Authority.

(a) The authority to classify information originally may be exercised only by:

(1) the President and, in the performance of executive duties, the Vice President;

(2) agency heads and officials designated by the President in the Federal Register; and

(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.


http://www.democraticunderground.com/12511091979

[cheapdate]

18. Because they contain sensitive information.

She was the Secretary of State. Her communications would include the highest level of discussions regarding U.S. foreign relations, like, for instance the details of our negotiations and strategy over North Korea and Iran.

I don't understand what's so hard to understand about it.

[cali]

14. Yes, I'm sure republicans and independents will agree. Not

This is an enormous liability.

[pnwmom]

16. It isn't a liabiity at all. They're just playing gullible Dems. n/t

[H2O Man]

15. Recommended.

Very important. Thank you.

[leveymg]

17. Agency heads do NOT have authority to declassify documents classified by other agencies

Only the President may do that, or the Director of National Intelligence after following a consultation procedure. See below. If the SOS wants to declassify a CIA or DOD document, there is a procedure set forth under Section 3.1 of Executive Order 13526- Classified National Security Information https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information

Nor may any official transmit classified materials over unauthorized channels.

Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.

(b) Information shall be declassified or downgraded by:

(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;

(2) the originator's current successor in function, if that individual has original classification authority;

(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or

(4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency.

(c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.

(d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:

(1) amplify or modify the substantive criteria or procedures for classification; or

(2) create any substantive or procedural rights subject to judicial review.

(e) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain classified pending a prompt decision on the appeal.

(f) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders.

(g) No information may be excluded from declassification under section 3.3 of this order based solely on the type of document or record in which it is found. Rather, the classified information must be considered on the basis of its content.

(h) Classified nonrecord materials, including artifacts, shall be declassified as soon as they no longer meet the standards for classification under this order.

(i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies shall consider the final decisions of the Panel.

[TheBlackAdder]

44. This is one of the lamest threads today, and there have been a bunch. It's dumbfounding. nt

[Skwmom]

19. I don't believe it all orginated at state. Plus some types have to be classified.

I don't think a SOS can just decide to treat any type of info whatsover as unclassified. Doesn't make sense.

[pnwmom]

20. There has never been any report of a document from somewhere else

that was marked classified and among her emails.

If you have some evidence otherwise, please provide it.

[Skwmom]

22. Do you have evidence of your assertion? n/t

[pnwmom]

26. It isn't possible for me to know about all of her 55,000 unreleased emails.

But if there is a single report of a counter-example, then you can provide it and prove me wrong.

[leveymg]

23. The finding that documents on the server are TS/SAP shows these were DOD docs.

TS/SAP is a DOD classification. The State Dept doesn't run Special Access Programs.

https://en.wikipedia.org/wiki/Special_access_program

There are three categories of SAPs within the Department of Defense:[5]

Acquisition SAPs (AQ-SAPs), which protect the "research, development, testing, modification, and evaluation or procurement" of new systems;
Intelligence SAPs (IN-SAPs), which protect the "planning and execution of especially sensitive intelligence or CI units or operations";
Operations and Support SAPs (OS-SAPs), which protect the "planning, execution, and support" of sensitive military activities.

Only the Director of National Intelligence may create IN-SAPs. Sensitive Compartmented Information (SCI) control systems may be the most well-known intelligence SAPs. The treatment of SCI is singular among SAPs, and it seems there is some disagreement within the government as to whether or not SCI is a SAP. Defense Department sources usually state that it is,[6] and at least one publication refers to a separate SCI-SAP category alongside the three listed above.[7] The Intelligence Community, drawing on the DNI's statutory responsibility to protect intelligence sources and methods, finds a legal basis for SCI separate from that of SAPs, and consequently consider SCI and SAPs separate instances of the more general controlled access program.

[VulgarPoet]

25. +1, as someone with an SCI.

State Dept would have had to collaborate with the DoD to declassify anything out of SAP; which I sincerely doubt happened.

[pnwmom]

30. That would only be the case for DOD documents that are classified. There is no report

I've ever seen that she had any documents from any agency that were marked classified.

If you have other information, please provide it.

[VulgarPoet]

31. Why the bloody hell would something that ISN'T DoD

use a bloody DoD classification? Or are you just being DELIBERATELY obtuse?

[pnwmom]

32. The DOD doesn't mark every one of its documents classified.

Or are you being deliberately obtuse?

[VulgarPoet]

37. Clever use of my own question, but unfortunately, that doesn't answer mine.

If it was marked SAP, it had to come from the DoD unless someone deliberately used a classification that the State Dept doesn't use. So I ask you again, why would something that isn't DoD use a DoD specific classification?

[pnwmom]

39. You are wrong. The SAP is a designation also used in the State Department.

Its presence on a document doesn't prove it was a non-state document.

https://en.wikipedia.org/wiki/Special_access_program

A SAP can only be initiated, modified, and terminated within their department or agency; the Secretary of State, Secretary of Defense, Secretary of Energy, Secretary of Homeland Security, the Attorney General, the Director of National Intelligence; their principal deputies (e.g. the Deputy Secretary of State in DoS and the Deputy Secretary of Defense in DoD); or others designated in writing by the President

[pnwmom]

28. Not every DOD document is classified. How do you know any of these were?

[leveymg]

33. NBC News:"Clinton's emails contained information classified Top Secret/Special Access Program"

http://www.nbcnews.com/news/us-news/hillary-clinton-emails-contained-info-above-top-secret-ig-n499886
Hillary Clinton Emails Held Info Beyond Top Secret: IG

by Ken Dilanian

Emails from Hillary Clinton's home server contained information classified at levels higher than previously known, including a level meant to protect some of the most sensitive U.S. intelligence, according to a document obtained by NBC News.

In a letter to lawmakers, the intelligence community's internal watchdog says some of Clinton's emails contained information classified Top Secret/Special Access Program, a secrecy designation that includes some of the most closely held U.S. intelligence matters.

[pnwmom]

40. So what? The Dept of State uses these designations and Hillary as the agency head

had the authority to classify or declassify.

[leveymg]

50. The documents originated with another agency, NBC reported

You're not being completely honest.

[pnwmom]

43. SAP is also a DOS designation. The designation doesn't tell us where it originated.

https://en.wikipedia.org/wiki/Special_access_program

A SAP can only be initiated, modified, and terminated within their department or agency; the Secretary of State, Secretary of Defense, Secretary of Energy, Secretary of Homeland Security, the Attorney General, the Director of National Intelligence; their principal deputies (e.g. the Deputy Secretary of State in DoS and the Deputy Secretary of Defense in DoD); or others designated in writing by the President

[leveymg]

51. NBC reported the classified docs on her server were from an "intelligence agency" not DOS

She broke the law by hosting them on her insecure private server. No getting around that.

[karynnj]

38. Not true - and that is why so many were sending lots of emails to the other

departments.

[pnwmom]

21. Read the legal language again. She had the ultimate authority,

with only the President above her. Another agency, such as the CIA, didn't get to second guess her.

There is no "Bureau of Classification." Each agency makes its own determinations, and they vary.

[leveymg]

27. She only had classification authority over DOS originated information. Not TS/SAP or TS/SCI

materials that originate in other agencies.

Also, under the Presidential Order I cited above, information originating with foreign officials are deemed classified at the moment they are created. There is no necessity for such material to be stamped classified, it is simply classified at the moment of creation. This classified information would have to be formally declassified before it can be released or revealed to someone without a security clearance and a need to know.

Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:

(1) an original classification authority is classifying the information;

(2) the information is owned by, produced by or for, or is under the control of the United States Government;

(3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and

(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.

(b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not:

(1) amplify or modify the substantive criteria or procedures for classification; or

(2) create any substantive or procedural rights subject to judicial review.

(c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.

(d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.

[pnwmom]

29. That was the presumption but she could overrule that presumption.

However, there is one limited exception to this rule; and that is: Communications from foreign leaders or dignitaries are "presumed" sensitive. Yet that presumption is entirely rebutted if the foreign communication does not relate to national security issues.

[leveymg]

34. The TS/SAP classified docs were DOD materials. She's cooked.

[pnwmom]

42. How do you know they were DOD materials? State documents can have those

classifications.

https://en.wikipedia.org/wiki/Special_access_program

A SAP can only be initiated, modified, and terminated within their department or agency; the Secretary of State, Secretary of Defense, Secretary of Energy, Secretary of Homeland Security, the Attorney General, the Director of National Intelligence; their principal deputies (e.g. the Deputy Secretary of State in DoS and the Deputy Secretary of Defense in DoD); or others designated in writing by the President

[leveymg]

49. It was stated in the NBC article that the TS/SAP docs were "intelligence agency"

classified materials. That is not State Dept. so she could not have legally declassified them.

[pnwmom]

41. DOS documents can be designated SAP -- it isn't exclusively a term used by the DOD.

And she has the authority to classify or declassify state documents.

https://en.wikipedia.org/wiki/Special_access_program

A SAP can only be initiated, modified, and terminated within their department or agency; the Secretary of State, Secretary of Defense, Secretary of Energy, Secretary of Homeland Security, the Attorney General, the Director of National Intelligence; their principal deputies (e.g. the Deputy Secretary of State in DoS and the Deputy Secretary of Defense in DoD); or others designated in writing by the President

[leveymg]

45. In this instance, NBC identified the source of the TS/SAP documents as an "intelligence agency"

not DOS. Even if State has some SAP programs - I challenge you to identify any specific example - the classified documents on Clinton's server were from another agency. She could not legally declassify, disseminate or release them.

[askew]

47. Yep this OP is woefully confused.

That Intel didn't originate from State so she doesn't have authority to declassify.

Also, Foreign Government Information (FGI) is classified at birth according to Executive Order - https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information

She had over 100 pieces of FGI on her server. Those are classified and can't be declassified by Hillary.

[2pooped2pop]

35. How could she be sure that unseen incoming mail was not classified?

Once she sees it, it has already traveled through her non secure personal server.

[pnwmom]

36. Classified info gets sent from a classified server to another classified server.

Classified info wouldn't be sent to her Hillary Clinton email address -- and in the unlikely event something WAS somehow sent to her from the classified system, they would know not to open it.

She sent her classified documents though the same classified system everyone else used.

[leveymg]

46. Any TS docs should not have been on her nonsecure server.

The regulations mandating that are at 12 FAM 553 and 660.

[leveymg]

48. Any TS docs should not have been on her nonsecure server.

The regulations stating that are at 12 FAM 660 and 12 FAM 553.

[thereismore]

52. Surely you are not suggesting that every piece of classified info

is classified because the President saw it and marked it as such. The President would be doing nothing else! This is preposterous.

[pnwmom]

54. No. I am stating that the President and the agency heads have the authority

to classify and declassify info, and that he is the only one who could overrule her decisions.

But the President has been extremely supportive.

[Jarqui]

53. Good thread on this

You seemed to have it figured out pretty well.

leveymg's post #27 and below was particularly helpful

Clinton had limits on what she could classify and declassify largely confined to State Department docs

Other Departments noses would be out of joint if she stored their departments classified material on her private unsecure server or emailed it to someone from that server.

Somehow, about 1,300 times during her tenure, classified material got into the emails on her personal unsecure system.

I would guess part of the exercise now that they seem to have most of these emails with classified stuff would be to do a damage or exposure assessment for each classified document. They've probably taken steps to get folks who were exposed out of danger (hopefully).

So now I understand better why the FBI is taking their time with this and so relentless. It's not just about Clinton - it's about trying to protect folks now that this classified information may be out there.

I'll say this much: This has been a pretty major headache she left from her time there - for the country and the authorities.

[pnwmom]

56. No, there is no evidence that 1300 times classified material got into her emails.

The only question they have is whether some material that wasn't classified at the time should now be retroactively marked classified.

[Jarqui]

58. I think there's evidence of 1,300 because I've seen it so many times

Here's one:
http://www.mcclatchydc.com/news/politics-government/election/article53685825.html

Jan 8th, 2016
At least 1,340 emails that Hillary Clinton sent or received contained classified material, according to the State Department’s latest update from its ongoing review of more than 30,000 emails.

[pnwmom]

59. And none of them were classified at the time according to your own link:

"State Department says none was marked classified during Clinton’s tenure"

As the head of the agency, it was Hillary's job to decide what items did and did not require classification.

[Jarqui]

60. I think that's a common folly in this

I think she had that mandate for her own department's material (except things Foreign countries send - which the president deemed automatically classified)

But she cannot do that with information deemed classified by other departments.

That seems to be part of her shell game here.

Here's her evolving claims:
http://www.nytimes.com/interactive/2015/10/20/us/politics/hillary-clinton-emails-statements.html

March 10, 2015 “There is no classified material. So I’m certainly well aware of the classification requirements.” — Hillary Rodham Clinton

July 2015 After the F.B.I. had determined that Mrs. Clinton had received “Secret” information in her account, the second highest classification of government intelligence. In response to that disclosure, her campaign said that sensitive national security information was sometimes upgraded to classified at a later date if the State Department or another agency believed its inadvertent release “could potentially harm national security or diplomatic relations.” The campaign insisted that none of the materials were classified at the time she received them. — Clinton campaign statement

September 2015 According to multiple media reports over the summer, an inspector general’s review found that some contents of emails that Mrs. Clinton received were classified at the time she received them, though not marked as such. In the Sept. 7 interview with The A.P., she emphasized that the material she received did not carry classification labels but did not directly take issue with the inspector general’s finding. “I did not send or receive any information marked classified. I take the responsibilities of handling classified materials very seriously and did so,” Mrs. Clinton said.

In short:
1. "There is no classified material"
2. "none of the materials were classified at the time she received them"
3. “I did not send or receive any information marked classified"

Obviously #1 is false. So she moved to #2 and that's been found to be false. So she's moved to #3.

Three may actually be literally true on one general level. And the State Department has played that line up.

But they seem to be finding other departments classified material within the unclassified Clinton email - some like it was cut and pasted (allegedly). So #3 is kind of true on the subject line of the email kind of thing. But not so true within the body of the email or what is attached to it.

They seem to be doing damage control on the material potential being leaked and walking back the classified material to the source to pin down what happened and when it became classified. etc.

[pnwmom]

61. #2 has NOT been proven to be false. Nothing that she did has

been proven wrong by anyone.

You're just repeating suspicions and speculation.

"seem to" and "allegedly" are the operative words.

[Jarqui]

64. Read the inspector generals reports

I've read stuff about them needing Eastern Affairs to look into some of the classified aspects - which implied a foreign component. (automatically classified) but let's ignore that. The drone strike concern - that has a foreign component and collateral issues - no way that isn't classified.

"none of the materials were classified at the time she received them"

My first question would be if none of them that came in were classified, how the heck did she get 1340 emails with classified stuff in them? All of it by thumb drive into the emails? Not one single foreign communication?

What happened today? 22 emails were deemed top secret and couldn't go to the public. But they were made up of 7 chains. If the chain was Hillary sends to someone and then they forward it on like a chain letter, there would be 22 emails representing 22 different chains. But we only have 7 which must mean some came back. And since they've been deemed top secret (whispering was a drone strike and a spy in the really hot ones). If they're top secret now, they weren't nothing before - they had to have had some level of classification. And since they were chains that came back she "received" classified information back. Checkmate.

Have a problem with that one?
There were 8 email conversations between the Secretary of State and the President of the United States constituting 18 emails (back and forth) on that unsecure server the president wasn't informed about. Convince the class that those communications should not be regarded as classified to some minimum level automatically. Even the president saying in a casual email "I'll see you at Sally's on Saturday" is a security risk.

I could go on and on.

Hillary had to shift to #3 “I did not send or receive any information marked classified" because she couldn't defend herself on #2 "none of the materials were classified at the time she received them"

[pnwmom]

65. You mean the Republican operative who used to be an inspector General?

For the administration that routed their emails through the Republican party server?



And she didn't get 1340 emails with classified info in them. That is just nonsense you're repeating from people engaged in rumor mongering.

The ones that have been deemed top secret weren't classified at all before. They did NOT "have to have some level of classification." The State Department spokesman has clearly said that they weren't top secret then and now the question is whether they should be classified. Now, in 2016.

yes, you could go on and on. Just like the people who went on and on spreading rumors about Hillary killing Vince Foster. And with no more basis.

[Jarqui]

66. Are the email communications between the president and the secretary of state classified?

You've ignored that. Step up to the plate. No Vince Foster BS. Blunt hard facts you chose to ignore because it doesn't fit what you're fantasizing.

8 email conversations consisting of 18 emails between the President and his Secretary of State that Hillary had on her secret unsecured server were not passed on. You have to convince the class those were not classified conversations.

The fact is, you can't. It's absurd to try. She had to try a third lie because they nailed her on the first two attempts. Those are the facts.

[pnwmom]

67. According to the spokesman, NONE of them were classified at the time they were sent.

They haven't explained and don't have to explain why they are choosing to invoke Executive Privilege on some emails for the time being, but they said they would be releasing them eventually.

Kirby is the State Dept spokesman

http://www.npr.org/2016/01/29/464811045/as-iowa-caucuses-near-clinton-email-probe-persists

An additional 18 emails, including eight distinct email chains, between Clinton and President Obama will also be withheld under executive privilege. They are not classified, Kirby said, and will eventually be released under the Presidential Records Act.

[Jarqui]

68. Plainly Wrong

State Department Transcript of Kirby today:
http://www.state.gov/r/pa/prs/dpb/2016/01/251855.htm

"As to whether they were classified at the time they were sent, the State Department, in the FOIA process, is focusing on whether they need to be classified today. Questions about classification at the time they were sent are being and will be handled separately by the State Department."

The State Department is waking up to their errors in handling this material and what they've been saying incorrectly about it. The Inspector Generals had a bit of a time with the state department on this - because they still didn't know what they should be doing. This transcript today shows Kirby is starting to catch on.

This is the Presidential Records Act. The president will decide when people will see those emails. Might be 12 years after he's left office. They're not automatically available after he leaves office. It's his call. Until then, they're confidential.
http://www.archives.gov/about/laws/presidential-records.html

The United States has three levels of classifying documents: Confidential, Secret, and Top Secret

18 CFR 3a.11 - Classification of official information.
https://www.law.cornell.edu/cfr/text/18/3a.11
§ 3a.11 Classification of official information.
(a) Security Classification Categories. Information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed national security) is classified Top Secret, Secret or Confidential, depending upon the degree of its significance to national security. No other categories are to be used to identify official information or material requiring protection in the interest of national security, except as otherwise expressly provided by statute. These classification categories are defined as follows:
...
(1) Top Secret. ..

(2) Secret. ...

(3) Confidential. Confidential refers to national security information or material which requires protection, but not to the degree described in paragraphs (a) (1) and (2) of this section. The test for assigning Confidential classification shall be whether its unauthorized disclosure could reasonably be expected to cause damage to the national security.

That's the general law that helps define "Confidential" as classified material.

Here's the real transcript - not the BS media spin you quote- of what Kirby said about the emails between Clinton & Obama :

"As the White House has previously stated, Secretary Clinton and the President did on occasion exchange emails. As they have also said previously, such presidential records shall remain confidential to protect the President’s ability to receive unvarnished advice and counsel but will ultimately be released in accordance with the Presidential Records Act. I can confirm that 18 emails comprised of eight distinct email chains between former Secretary Clinton and President Obama are being withheld in full from the State Department’s FOIA production today of these emails of Secretary – former Secretary Clinton’s emails."

If those records are to remain "confidential" until the President frees them under Presidential Records Act, that makes them classified as confidential documents - as communications between the President of the United States and his Secretary of State should be. Rational, knowledgeable folks who understand government wouldn't even question this.

Because Hillary emailed the president back and forth, she sent and received information automatically classified as confidential on her unsecure server. Case closed. She's guilty of doing that. They have her dead to rights. Particularly, when she did it behind his back - without the president knowing she broke his guidelines on having a private server.

[pnwmom]

69. Sheer nonsense.

"If those records are to remain "confidential" until the President frees them under Presidential Records Act, that makes them classified as confidential documents - as communications between the President of the United States and his Secretary of State should be. Rational, knowledgeable folks who understand government wouldn't even question this. "

A classified document, in essence, is whatever the President or one of the appropriate authorities deems classified. Every document that is exchanged between a President and his SoS is not automatically classified. And just because the President chooses to withhold these documents on the basis of "Executive Privilege" does not convert them into classified documents. Kirby specifically says they are NOT classified.

In fact, he invokes "Executive privilege" precisely because they want to withhold them EVEN THOUGH they are NOT classified.

An additional 18 emails, including eight distinct email chains, between Clinton and President Obama will also be withheld under executive privilege. They are not classified, Kirby said, and will eventually be released under the Presidential Records Act.

[Arazi]

55. I'm sorry your spin is so wrong

Its actually painful to watch you get taken to the woodshed over and over by leveymg and jeff47...

[pnwmom]

57. Sorry, but I think the State Department spokesman, coupled with the actual

wording of the regulations, speak more definitively than those posters. And the spokesman was very clear that the only issue has to do with retroactive classification.

The issue is whether any should be retroactively deemed to contain information that should be classified NOW.

http://www.usatoday.com/story/news/politics/elections/2016/01/29/hillary-clinton-emails-state-department-top-secret/79530396/

Seven email chains are being withheld in their entirety from a release scheduled later Friday for including "top secret" information.

"The documents are being upgraded at the request of the intelligence community, because they contain a category of top secret information," State Department spokesman John Kirby said. He added, though, that the messages had not been designated as top secret when they were sent, though the department "is focusing on whether they need to be classified today."

SNIP


White House Press Secretary Josh Earnest defended the delay in releasing all of Clinton’s emails on Friday.

“I can tell you with full confidence that there is — has been no political interference in this process,” he said. “I think the extraordinary request that Secretary Clinton put forward to actually release her emails is something that, I'm not sure has a precedent, at least for federal office holders.” . . .

“In the context of a presidential campaign, people are going to have a whole bunch of reasons to criticize any of the candidates,” he said. “So it's not surprising to me that there are certain political opponents of Secretary Clinton that are looking for a way to use this situation to criticize her. That is part of the process. And she and her team, I'm confident, will muster a robust defense.”



http://www.archives.gov/about/laws/appendix/12958.html

Sec. 1.3. Classification Authority.

(a) The authority to classify information originally may be exercised only by:

(1) the President and, in the performance of executive duties, the Vice President;

(2) agency heads and officials designated by the President in the Federal Register; and

(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.

[loyalsister]

62. I'm not sure why you think that has any real meaning in relation to this story

The bottom line is she didn't follow the letter of the law when it came to dealing with sensitive information as a member of the executive branch of government. It was politically wreckless and she got caught.

[pnwmom]

63. The bottom line is that you have no evidence for your claim. And neither do any of

the other rumor mongers.

An investigation is ongoing and the State Department spokesperson TODAY said that none of the questioned emails were secret at the time they were sent; the issue is only whether they should be classified now.

[loyalsister]

70. She admitted that she didn't follow the protocol

I have no interest in the details of the emails. It doesn't matter that anyone else did it.
She did not follow the rules to the letter and it is a very sad reflection of her character.

[pnwmom]

71. No, she didn't. Because there was no protocol till after she left State.

The President was well aware of her private email account and previous state departments had avoided the clunky .gov email system. There was no protocol for her to follow. All she had to do was make sure she archived her emails -- unlike the Rethugs, who destroyed millions with no consequences -- and she did that.

[madville]

72. I'm thinking the legal problem will boil down to

Her aides maybe getting into some trouble. My guess is that they had access to marked classified information originated from other agencies and then they forwarded this information to Hillary or distributed it elsewhere in an unmarked format through the unclassified server.

At the most I think we see her former aides have any clearances they still hold revoked and/or have to plea to some kind of misdemeanor charge.

I don't see anything actually happening to Hillary from a legal standpoint, if anyone actually believes how she portrays herself to the public on this issue then she was simply just inept as far as understanding technology and incompetent in the information security department.