The Case For a Hillary Clinton Indictment

Jorge Ramos at the 8th Democratic Debate in Miami asked Hillary Clinton if she would continue her campaign if she is indicted over her email scandal. Mrs. Clinton responded by going down her usual list of talking points to explain away her actions.

Up to this point the mainstream news has pretty much given Mrs. Clinton a pass over her email server usage while Secretary of State. Even when the subject is mentioned it is usually in the context of “this is what some people are saying,” and not an ounce of real journalism which would consist of educating the American public of what laws she is specifically accused of breaking and how her actions compare to said laws. I feel it’s about time someone does that.

1. “What I did was a bad decision…” – What Hillary Clinton allegedly did was against the law. It was a serious felony. Many people have gone to prison for doing it, and in much less a capacity than Hillary Clinton. When Mrs. Clinton says it was a bad decision that is her way of diminishing her actions that could have made the country vulnerable to bad actors hacking into her private server. It doesn’t even matter if no one hacked into her server, the very fact that she allowed classified data to be susceptible to being hacked by having it on her private server is a federal crime with serious penalties.

2. “Colon Powell and others did it…” – If that’s true, then Colin Powell and others should also be indicted. Secretary Clinton’s actions are no less negligent because someone else did the same thing. If someone was accused of committing murder we would never accept, “Other people have done it…”

3. “I did not send out anything that was marked classified…” – This statement is not only a blatant lie, it’s a testament to how stupid Hillary Clinton believes the American people are. The words “CLASSIFIED” and “TOP SECRET” are not what make a document classified or top secret. The data contained in the document is what is deemed classified or top secret, and Hillary Clinton knows this. She received the same briefing that all federal employees get about how to handle sensitive classified data.

4. “It was not illegal when I did it…” – What Mrs. Clinton is tongue-in-cheek saying is that the State Department rule against using a private server was not yet created, but the Espionage Act certainly was already in place by the time Hillary Clinton became Secretary of State.

At this point in time it is beyond question that Hillary Clinton’s private server sent and received classified data. What most Americans don’t realize is that it’s not very easy to get classified information onto a private server. It’s not like the data could accidentally make its way to a server outside its proper place of custody, which is a government network. The federal government has two separate systems, one that contains classified data (a classified system) and one that does not (an unclassified system).

In order for her private server to contain classified documents Hillary and her subordinates had to deliberately violate many security procedures that were created to prevent the very thing that they did.

For example, classified data is held in a Sensitive Compartmented Information Facility, or SCIF, a locked room with computer terminals and many security measures like you must keep anything electronic outside before entering and you must have the security clearance to even be in there. Hillary’s staff had such clearance.

Once inside the SCIF you can access materials through the terminal. You are warned that you are viewing classified information the entire time you view classified information. Outside of a giant cartoon-like boxing glove springing out to punch you in the face, there is no way a person using the terminal can not know they are viewing classified data.

In June, 2011, Hillary Clinton sent an email to her subordinates:

“If they can’t, turn into nonpaper w no identifying heading and send nonsecure.” – What Hillary Clinton ordered her staff to do was copy and paste from a classified pdf document inside a SCIF without copying the heading of the document that marked the document “CLASSIFIED”, and send the data out over a nonsecure channel. This action alone is considered gross negligence.

Here’s Section F of the Espionage Act. It is a felony statute:

18 U.S. Code § 793 – Gathering, transmitting or losing defense information

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer —

Shall be fined under this title or imprisoned not more than ten years, or both.

The FBI has already reported over a thousand documents with classified information were found on Hillary Clinton’s private email server. That fits the gross negligence standard by Hillary Clinton permitting classified data to be removed from its proper place of custody. Hillary received classified emails from Sidney Blumenthal in violation of his trust on her private email server.

Section G is why we are now seeing her subordinates receiving immunity:

(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to
the punishment provided for the offense which is the object of such conspiracy.

Take notice that the Espionage Act doesn’t even mention CLASSIFIED materials. It states anyone being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense…

Any document. An email is a document.

We have already seen plenty of evidence that Hillary Clinton willfully and knowingly violated the Espionage Act over a thousand times. We have already seen the email where Hillary Clinton knowingly ordered her staff to break serious national security laws. She needs to be indicted and charged for the crimes she is accused of committing, otherwise, why do we have laws? Is it a good message to send to the American people that says low level employees and civilians would go to prison for much less violations but not the people higher up?

This is a criminal matter that has been handled as a political one. Does the Obama administration care about justice, the security of the nation, and blatant violations of the very laws that are designed to protect our most secret national security information, or does the administration believe Hillary Clinton is above the law?

– Rich Welsh is a writer at


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