• Watchdog: How Clinton’s Email Scandal Violates Two National Security Laws

    Hillary Clinton and her two closest aides have breached two national security laws by sending classified information on a private email server, according to investigator for a public interest law group.

    Clinton’s two aides, Huma Abedin and Cheryl Mills, also ignored a federal judge’s order this month mandating both to swear under oath to the court that all government documents in their possession will be returned to federal officials. They instead supplied the court with statements from their lawyers.

    Only Clinton supplied the sworn statement that promised to return all government data and not destroy any records involved in the case.

    “What we have is a secretary of state, the only cabinet official in our history, who established her own private email server … in an effort to avoid the normal protocols for unclassified and classified communications. It’s an end run,” said Chris Farrell, the director of investigations for the law group Judicial Watch and a former Army counterintelligence agent.

    Although Clinton’s supporters have scrambled relentlessly to portray the use of the private email system to transmit classified information as a minor administrative matter, it is not, Farrell said during Judicial Watch’s briefing on Clinton’s email scandal.

    “It is a national security crime, and should be a national security crime investigation,” he said.

    Mishandling top-secret information should bring down the full weight of the law on violators, he warned.

    “When it comes to the law on these, intent doesn’t matter,” Farrell said. “It’s not two agencies fighting over classification after the fact.”

    He noted that Clinton’s creation of the private email server a week before she began her tenure at the State Department is evidence that she planned to avoid using official email that must be stored under federal rules.

    Two laws apply to the mismanagement of classified data on unsecure networks, Farrell said.

    The first federal statute that prosecutors could use to charge Clinton and her aides is 18 USC Sec. 1924, which outlaws the unauthorized removal and storage of classified information. Penalties can include fines and imprisonment for up to one year.

    Retired Army General David Petraeus was prosecuted under this statute. He provided classified documents to his mistress and biographer, Paula Broadwell, during his time as CIA director. He Petraeus was sentenced to two years’ probation and a $40,000 fine as part of a plea deal in March.

    The second statute is the more serious felony statute, 18 USC Sec. 793, which covers national defense information and people who misuse it to injure the United States or benefit a foreign power.

    Farrell describes this law as a “hammer.” Those convicted of violating that law face fines and up to 10 years in prison.

    Judicial Watch currently has 18 lawsuits pending against the State Department seeking access to records under the Freedom of Information Act.


    Alicia Powe

    Staff Writer

    Alicia Powe is a staff writer for Daily Surge. She worked in the War Room of the Rudy Giuliani Presidential Committee and served as a White House Intern during the George W. Bush administration. Alicia has written for numerous outlets, including Human Events, Media Research Center and Townhall.com.

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