Who had greater authority than Hillary to classify or declassify State Dept info? [View all]

[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..