From: "Martha Stewart Went To Jail For Much Less"
 
Subject: Official: Some Clinton emails 'too damaging' to release
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EXCLUSIVE: The intelligence community has deemed some of Hillary 
Clinton’s emails “too damaging" to national security to release 
under any circumstances, according to a U.S. government official 
close to the ongoing review. A second source, who was not 
authorized to speak on the record, backed up the finding.

The determination was first reported by Fox News, hours before 
the State Department formally announced Friday that seven email 
chains, found in 22 documents, will be withheld “in full” 
because they, in fact, contain “Top Secret” information.

The State Department, when first contacted by Fox News about 
withholding such emails Friday morning, did not dispute the 
reporting – but did not comment in detail. After a version of 
this report was first published, the Obama administration 
confirmed to the Associated Press that the seven email chains 
would be withheld. The department has since confirmed those 
details publicly.

The decision to withhold the documents in full, and not provide 
even a partial release with redactions, further undercuts claims 
by the State Department and the Clinton campaign that none of 
the intelligence in the emails was classified when it hit 
Clinton's personal server.

Fox News is told the emails include intelligence from "special 
access programs," or SAP, which is considered beyond “Top 
Secret.” A Jan. 14 letter, first reported by Fox News, from 
intelligence community Inspector General Charles McCullough III 
notified senior intelligence and foreign relations committee 
leaders that "several dozen emails containing classified 
information” were determined to be “at the CONFIDENTIAL, SECRET, 
AND TOP SECRET/SAP levels."

The State Department is trying to finish its review and public 
release of thousands of Clinton emails, as the Democratic 
presidential primary contests get underway in early February.

Under the Freedom of Information Act, or FOIA, there is an 
exemption that allows for highly sensitive, and in this case 
classified, material to be withheld in full -- which means 
nothing would be released in these cases, not even heavily 
redacted versions, which has been standard practice with the 
1,340 such emails made public so far by the State Department.

According to the Justice Department FOIA website, exemption “B3” 
allows a carve-out for both the CIA and NSA to withhold 
"operational files." Similar provisions also apply to other 
agencies.

Fox News reported Friday that at least one Clinton email 
contained information identified as "HCS-O," which is the code 
for intelligence from human spying.

One source, not authorized to speak on the record, suggested the 
intelligence agencies are operating on the assumption there are 
more copies of the Clinton emails out there, and even releasing 
a partial email would provide enough clues to trace back to the 
original – which could allow the identification of “special 
access programs” intelligence.

There was no comment to Fox News from the Office of the Director 
of National Intelligence, the Office of the Intelligence 
Community Inspector General, or the agency involved. Fox News 
has chosen not to identify the agency that provided sworn 
declarations that intelligence beyond Top Secret was found in 
the Clinton emails.

The State Department was scheduled to release more Clinton 
emails Friday, while asking a D.C. federal court for an 
extension.

FBI investigators looking into the emails are focused on the 
criminal code pertaining to “gross negligence” in the handling 
and storage of classified information, and “public corruption.”

“The documents alone in and of themselves set forth a set of 
compelling, articulable facts that statutes relating to 
espionage have been violated,” a former senior federal law 
enforcement officer said. The source said the ongoing 
investigation along the corruption track “also stems from her 
tenure of secretary. These charges would be inseparable from the 
other charges in as much as there is potential for significant 
overlap and correlation."

Based on federal regulations, once classified information is 
spilled onto a personal computer or device, as was the case with 
Clinton and her aides, the hardware is now considered classified 
at the highest classification level of the materials received.

While criticized by the Clinton campaign, McCullough, an Obama 
administration appointee, was relaying the conclusion of two 
intelligence agencies in his letter to Congress that the 
information was classified when it hit Clinton’s server -- and 
not his own judgment.

Joseph E. Schmitz, a former inspector general of the Department 
of Defense, called the attacks on McCullough a “shoot the 
watchdog” tactic by Clinton’s campaign.

The developments, taken together, show Clinton finding herself 
once again at the epicenter of a controversy over incomplete 
records.

During her time as the first female partner at the Rose Law firm 
in Arkansas during the mid-1980s, she was known as one of the 
“three amigos” and close with partners Webb Hubbell and Vince 
Foster. Hubbell ended up a convicted felon for his role in the 
failure of the corrupt Madison Guaranty, a savings and loan 
which cost taxpayers more than $65 million. Hubbell embezzled 
more than a half-million dollars from the firm.

Foster killed himself in Washington, D.C., in July 1993. As 
Clinton’s partner in the Rose Law firm, he had followed the 
Clintons into the White House where he served as the Clintons’ 
personal lawyer and a White House deputy counsel.

Clinton’s missing Rose Law billing records for her work for 
Guaranty during the mid-1980s were the subject of three intense 
federal investigations over two years. Those records, in the 
form of a computerized printout of her work performed on behalf 
of Guaranty, were discovered under mysterious circumstances in 
the Book Room of the private White House living quarters.

The discovery of those records was announced during a  blizzard 
in January 1996 by attorney David Kendall, who still represents 
Hillary Clinton. After Clinton testified before a grand jury, 
prosecutors concluded there was insufficient evidence to prove 
beyond a reasonable doubt she committed perjury or obstruction 
of justice.

Despite Clinton’s recent public statements about not knowing how 
the technology works, at least one email suggests she directed a 
subordinate to work around the rules. In a June 2011 email to 
aide Jake Sullivan, she instructed him to take what appeared to 
be classified talking points, and "turn into nonpaper w no 
identifying heading and send nonsecure."

A State Department spokesman could not say whether such a fax 
was sent.

http://www.foxnews.com/politics/2016/01/29/official-some-clinton-
emails-too-damaging-to-release.html
   
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