Friday, March 13, 2015

EMAILGATE: DID HILLARY COMMIT A FELONY? WILL OBAMA PARDON HILLARY BEFORE PRESIDENTIAL RUN?

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EMAILGATE: DID HILLARY COMMIT A FELONY? WILL OBAMA PARDON HILLARY BEFORE PRESIDENTIAL RUN?

Posted: 11 Mar 2015 10:01 PM PDT

hill-un

A lesson in Clintonian word parsing …

“In going through the e-mails, there were over 60,000 in total, sent and received. About half were work-related and went to the State Department (What she didn't say: the documents were turned over two years after she left office) and about half were personal that were not in any way related to my work. I had no reason to save them, but that was my decision because the federal guidelines are clear and the State Department request was clear.”

“For any government employee, it is that government employee's responsibility (What she did not say: in conjunction with a government employee trained to handle archival documents) to determine what's personal and what's work-related. I am very confident of the process that we conducted and the e-mails that were produced.”

What we now know …

  1. Hillary Clinton openly admitted that she had official State Department documents on a personal email server to which the Department of State did not have access or control.
  2. Hillary Clinton openly admitted that she or her personal (non-governmental) staff made a determination of which documents were personal and the documents were deleted – possibly destroyed forever. This is grossly different from an individual handing over ALL documents and then raising personal exemptions with government personnel trained to handle government document archiving.
  3. Documents under Hillary’s control were to be surrendered at the time of separation not two years after the fact.
  4. The fact that various congressional inquiries, subpoenas, and Freedom of Information Act (FOIA) requests were processed and there was no mention of the missing documents speaks to perpetrating a fraud on the Congress or the Court.
  5. It appears that at least two of Hillary’s top aids, one of which was involved in another email incident in the Clinton White House, appear to have used the same server or private emails, so Hillary’s emails to her top aids were not captured or preserved within the requirements of the law. This can be used as a pattern and practice of deliberate deception to illustrate the intent to knowingly breaking existing laws, rules, and regulations. Check out the story on “Project-X.”

The rules on documents is specific and must be signed under the penalty of law … 

The State Department's Separation Form Requires Employees To Surrender Unclassified And Classified Information Regarding Official Government Business

State Department Form OF-109, "Separation Statement," Also Requires Employees To Acknowledge That They "Have Surrendered To Responsible Officials All Unclassified Documents And Papers Relating To The Official Business Of The Government…" "I have surrendered to responsible officials all unclassified documents, and papers relating to the official business of the Government acquired by me while in the employ of the Department." (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)

State Department Form OF-109, "Separation Statement," Requires Employees To Acknowledge That They "Have Surrendered To Responsible Officials All Classified Or Administratively Controlled Documents." "I have surrendered to responsible officials all classified or administratively controlled documents and material with which I was charged or which I had in my possession. I am not retaining in my possession, custody, or control documents or material containing classified or administratively controlled information furnished to me during the course of such employment as developed as a consequence thereof, including any diaries, memorandums of conversation, or other documents of a personal nature that contain classified or administratively controlled information." (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)

State Department Form OF-109, "Separation Statement," Notes "Criminal Penalties" For "Knowingly And Willfully Falsifying Or Concealing Material Fact" In Official Government Statements. "I have been advised by the Interviewing officer whose signature appears below and fully understand that Section 1001 of Title 18, United States Code, provides criminal penalties for knowingly and willfully falsifying or concealing material fact in a statement or document submitted to any department or agency of the United States Government concerning a matter under its jurisdiction." (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)​

Bottom line …

If Hillary Clinton did not sign the OF-109 form, the State Department was malfeasant. If she did sign the OF-109 form, she is clearly guilty of a violation of the rules and felony perjury in signing the document. And, if the State Department cannot find the OF-109, the cover-up continues.

Two questions: One, if Hillary is guilty of wrongdoing, will the Department of Justice prosecute the case or will this be another case of the never-ending investigation to buy time for the Obamas to leave town; and two, will Obama use his presidential pardon power to wipe the slate clean prior to a presidential run.

Of course, my view is somewhat different. Perhaps this is the plausible excuse that allows Hillary Clinton to withdraw from the race and keep the multi-millions of dollars accepted by the Clinton foundation without retribution or refund.

In any event, this is the same type of embattled behavior that we saw during the Clinton’s governorship in Arkansas and again in the Clinton White House where corruption, cronyism, and scandal washed through the government on their watch.

No more Clintons, no more Bushes, and no more Kennedys. Enough with families that owe their fortunes to the public treasury.

-- steve 

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