Questions Abound
USE LINK FOR VIDEOS - https://www.gop.com/questions-abound/
Today's State Department Presser Lands The Clinton Camp Back Into The Center Of The Email Controversy, As Many Questions Remain Unanswered
DODGE #1: THE STATE DEPARTMENT WON'T SAY IF CLINTON SENT CLASSIFIED FOREIGN GOVERNMENT INFORMATION OVER HER EMAIL
The State Department Won't Say Whether Clinton Sent Foreign Government Information Presumed Classified. REPORTER: "But wait a minute, the Foreign Affairs Manual, and I'm reading from the version in effect for 2009, when the emails that we looked at were sent. It says all Department employees 'must safeguard foreign government and NATO restricted information as US government confidential' or higher. I don't fully understand how this can be a matter of great debate because if you stipulate that information given in confidence by a foreign government to a U.S. official is foreign government information, it seems like you are under an obligation to treat it as confidential or higher in terms of classification. Can you explain to me why that's debatable?" TONER: "It's just that I appreciate your question, it's just that, I hope you understand, I can't litigate those kinds of things, I can't pass judgment from this podium right now. Certainly not when there's other reviews or other investigations that may be under way. Certainly as you know, the Inspector General is looking more broadly at some of these issues and questions. You know, as I said, you know, our clear focus is on clearing these emails, redacting them as necessary, in order to safeguard anything that we have deemed now should be upgraded in classification." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
Reuters Has Reported That Clinton Sent Dozens Of Classified Emails Containing "So-Called 'Foreign Government Information'"
Thirty Of Clinton's Email Threads From 2009 Have Been Found To Contain "So-Called 'Foreign Government Information.'" "In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own 'Classified' stamps now identify as so-called 'foreign government information.'" (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
"The U.S. Government Defines This As Any Information, Written Or Spoken, Provided In Confidence To U.S. Officials By Their Foreign Counterparts." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
"This Sort Of Information, Which The Department Says Clinton Both Sent And Received In Her Emails, Is The Only Kind That Must Be 'Presumed' Classified, In Part To Protect National Security And The Integrity Of Diplomatic Interactions…" "This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be 'presumed' classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
DODGE #2: THE STATE DEPARTMENT WON'T SAY IF CLINTON SENT UNMARKED BUT CLASSIFIED INFORMATION OVER HER EMAIL
The State Department Won't Say If Clinton Sent Along Unmarked Classified Information. REPORTER: "And then, one other thing. Sorry, you said-you said that you stood by your position that you are-I can't remember if you said you are confident or certain, but that the information in the emails was not marked classified at the time it was sent or received. But you're not willing to take the position that it was not, in fact, classified, when it was sent or received regardless of whether it was marked as such?" MARK TONER: "Well we've said that we're-we've-and we've been very clear about this, when we've upgraded, we've always said that that certainly does not speak to whether it was classified at the time it was sent or handled, or however, forwarded or received. You know-and we've also been very clear that nothing that we've seen so far was ever marked classified. So I'll just stay there." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
The State Department Announced That Of The 7,000 Pages Of Clinton's Emails Set To Be Released Today, 150 Emails Contain Now-Classified Information. "The State Department will release roughly 7,000 pages of Hillary Rodham Clinton's emails Monday, including about 150 emails that have been censored because they contain information that is now deemed classified." (Matthew Lee, "State Dept. To Release 7,000 Pages Of Emails; 150 Emails Contain Now-Classified Information," The Associated Press , 8/31/15)
State Department Deputy Spokesman Mark Toner Said That "Around 150" Emails Have Been Deemed Classified And Will Feature Redacted Information. "Department officials said the redacted information was classified in preparation for the public release of the emails and not identified as classified at the time Clinton sent or received the messages. All the censored material in the latest group of emails is classified at the "confidential" level, not at higher "top secret" or compartmentalized levels, they said. 'It's somewhere around 150 that have been subsequently upgraded' in classification, State Department spokesman Mark Toner told reporters." (Matthew Lee, "State Dept. To Release 7,000 Pages Of Emails; 150 Emails Contain Now-Classified Information," The Associated Press , 8/31/15)
The Clinton Campaign Has Claimed She Did Not Send Classified Materials Over Email
Hillary Clinton Campaign Spokeswoman Jennifer Palmieri: "Hillary Didn't Send Any Classified Materials Over Email: Hillary Only Used Her Personal Account For Unclassified Email." "Hillary didn't send any classified materials over email: Hillary only used her personal account for unclassified email. No information in her emails was marked classified at the time she sent or received them. She viewed classified materials in hard copy in her office or via other secure means while traveling, not on email." (Jennifer Palmieri, "Hillary Clinton's Emails," Medium, 8/12/15)
Clinton's Story On Whether Or Not She Ever Sent Or Received Classified Information Continues To Evolve
Clinton, March 10: "I Did Not Email Any Classified Material To Anyone On My Email. There Is No Classified Material." CLINTON: "I did not email any classified material to anyone on my email. There is no classified material. So I'm certainly well-aware of the classification requirements and did not send classified material." (Hillary Clinton, Remarks At The UN Regarding Her Personal E-Mail Account, New York, NY, 3/10/15)
Click To Watch
Clinton, July 25: "The Facts Are Pretty Clear: I Did Not Send Nor Receive Anything That Was Classified At The Time." "'The facts are pretty clear: I did not send nor receive anything that was classified at the time,' Mrs. Clinton told reporters in Iowa." (Colleen McCain Nelson, "Hillary Clinton Says She Didn't Use Personal Email Account To Send Or Receive Secret Data," The Wall Street Journal , 7/25/15)
Clinton, August 15: "But The Facts Are The Same As They Have Been From The Very Beginning Of These Questions Being Raised, And Most Importantly I Never Sent Classified Material On My Email And I Never Received Any That Was Marked Classified." (Hillary Clinton, Remarks At Iowa State Fair, Des Moines, IA, 8/15/15)
DODGE #3: THE STATE DEPARTMENT WON'T SAY IF CLINTON FOLLOWED FEDERAL RULES ON HANDLING CLASSIFIED INFORMATION
The State Department Won't Say If Clinton Followed Applicable Rules. FOX NEWS' ED HENRY: "The rules and standards are so important that everyone in this building must follow them. Can you say from that podium categorically that Secretary Clinton followed the rules and the law?" MARK TONER: "I'm just not going to answer that question. It's not our goal, it's not our function in this regard and releasing these emails. Our goal, and our sole purpose - when you look at these emails is to decide. Well, first to publish them according to the FOIA request we have received. But in doing that, looking at them and deciding whether any of that material needs to be redacted and subsequently classified." HENRY: "The department can state categorically that the secretary of state followed the rules?" TONER: "All I can say is that there are, I've alluded to it, I've said as much to our side - there are other reviews underway and that's really for the inspector general and other entities that are out there looking into some of these broader questions." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
A U.S. District Judge Said Clinton's Secret Server And Private Emails "Violated Policy"
Politico Headline: "Judge Says Hillary Clinton's Private Emails Violated Policy" (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy,"Politico, 8/20/15)
U.S. District Judge Emmet Sullivan Said That Clinton "Violated Government Policy By Storing Official Messages On A Private Server When She Worked As Secretary Of State." "A federal judge has added fresh fuel to the incendiary controversy over Hillary Clinton's email, asserting during a hearing Thursday that she violated government policy by storing official messages on a private server when she worked as secretary of state. 'We wouldn't be here today if this employee had followed government policy,' said U.S. District Judge Emmet Sullivan, apparently referring to Clinton, during a hearing on one of the many Freedom of Information Act lawsuits seeking access to her records as secretary of state." (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy," Politico, 8/20/15)
Judge Sullivan: "We Wouldn't Be Here Today If This Employee Had Followed Government Policy." "'We wouldn't be here today if this employee had followed government policy,' said U.S. District Judge Emmet Sullivan, apparently referring to Clinton, during a hearing on one of the many Freedom of Information Act lawsuits seeking access to her records as secretary of state." (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy," Politico, 8/20/15)
DODGE #4: THE STATE DEPARTMENT WON'T SAY IF CLINTON WAS SUBJECT TO THE DEPARTMENT'S OWN FOREIGN AFFAIRS MANUAL
The State Department Repeatedly Refused To Say Whether Clinton Was Subject To The State Department's Foreign Affairs Manual When She Served As Secretary
The State Department Won't Say If Clinton Was Subject To The Agency's Foreign Affairs Manual. REPORTER: "Two other quick things. One is, do you believe as a general matter that the Secretary of State, whomever he or she may be, is bound by the rules in the Foreign Affairs Manual, or not? It maybe that they're not, that they have sort of a status that's different and that therefore they have the right to not follow it." MARK TONER: "I mean, I would just say that every State Department employee from the Secretary on down takes the handling of classified information very seriously and is aware of the rules surrounding those classification standards." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
In The Same Press Briefing, The State Department Again Would Not Say Whether Clinton Was Subject To The Agency's Foreign Affairs Manual. REPORTER: "On the thing of the, that everybody is obliged to, can you not address squarely whether the foreign affairs manual applies to the Secretary of State or not?" MARK TONER: "I can say that again, you know, from the Secretary on down take the handling of classified materials and the rules surrounding those in that sense, including the foreign affairs manual but also other regulations, stipulations, training that we undergo in how to handle classified and confidential information." REPORTER: "Do you take them." TONER: "Seriously." REPORTER: "But does that mean you're bound by them?" TONER: "We're all bound by, how we treat classified information is as I said an important component of the work we do but I've also made clear that when you look at classified material it is not an exact science, it is not black and white, it is not always clear so there's strong feelings and different beliefs about when something is classified whether its born classified or whether it should be classified later. These are all questions that are being answered in a deliberative and thorough way that were looking at that's not somehow some cabal of people in some small room so were making these decisions. It's an interagency process, it involves the IC, and it involves other agencies that as it touches their equities so that's our focus." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
As Secretary Of State, Clinton Should Have Signed A Separation Form, Which Would Have Required Clinton To Surrender All Work-Related Emails Before Leaving The Department
The State Department Conceded It Has No Record Of Clinton Signing A Separation Form. JEN PSAKI: "Thank you. Happy St. Patrick's Day to everyone. Oh, you have a little clover, Samir? Great. Some green in the back. All right. Matt, I don't have anything at the top, so go ahead." MATT LEE: "All right. Well, let's hope for the luck of the Irish here. Can you put to -" PSAKI: "Let's hope." LEE: "-- rest the questions that you have not been able to answer to this point about former Secretary Clinton and whether she signed this separation form or not? " PSAKI: "Well, we have reviewed Secretary Clinton's official personnel file and administrative files and do not have any record of her signing the OF-109. In addition, after looking into their official personnel files, we did not locate any record of either of her immediate predecessors signing this form. It's not clear that this form is used as part of a standard part of checkout across the federal government or even at the State Department. So we're certainly looking into that." (Jen Psaki, State Department Press Briefing, Washington, D.C., 3/17/15)
Click To Watch
The State Department Previously Said That "The Secretary Of State Is Supposed To Follow Such Department Policies." "Clinton left the State Department in early 2013. It was not immediately clear if Clinton signed the agreement but State Department spokeswoman Jen Psaki said the secretary of state is supposed to follow such department policies. A Clinton spokesman did not immediately comment." (Jill Colvin and Ken Thomas, "Clinton Avoids Email Controversy At Women's Event,"The Associated Press , 3/9/15)
Shannen Coffin, Former DOJ Civil Division Assistant Deputy Attorney General: In Light Of Her Private Email Cache, If Clinton Signed Separation Statement OF-109, "There's No Question She Committed A Crime." KELLY: "If she signed it, as you read the law and the manual itself which refers to the criminal code, if she signed that saying she had given them everything back, every federal record that she had in her possession, when in fact she had thousands of documents, thousands of emails sitting on her home server, did she violate the law? Did she commit a crime?" COFFIN: "If that is the -- if that's the case, there's no question. The form itself says, hey, before you sign this understand that you are certifying something that we can prosecute you for. Making a false statement in this context knowingly and willfully, which I can't imagine anything more knowing and willful than knowing you have 55,000 records sitting in your home, if you do that, it is a felony punishable under 18 USC 1001." KELLY: "The form is OF-109. And the question tonight is did Hillary Clinton sign it? And if not, why not? That's what we're going to stay on." (Fox News' " Kelly File," 3/11/15)
The Associated Press Reported That All Outgoing State Department Employees Had "To Sign A 'Separation Statement' Declaring They Had 'Surrendered To Responsible Officials All Unclassified Documents' Related To Official Business During Their Employment." "The Republican National Committee used the vacuum Monday to keep the pressure on Clinton, noting a State Department policy requiring all outgoing employees to turn over job-related materials before leaving. The policy required such employees to sign a 'separation statement' declaring they had 'surrendered to responsible officials all unclassified documents' related to official business during their employment." (Jill Colvin and Ken Thomas, "Clinton Avoids Email Controversy At Women's Event," The Associated Press , 3/9/15)
According To A 2003 State Department Directive 12 FAM 564.4 "Termination," State Department Employees Are Subject To "A Security Debriefing" And Completing A "Separation Statement." "A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4)." (U.S. State Department Foreign Affairs Manual, 12 FAM 564.4, 2/13/03)
Richard Grenell, Former U.S. Spokesman At The United Nations, On The Possibility Clinton Was Not Required The Separation Form: "No Chance Whatsoever." KELLY: "Is there any chance in your experience that she would not have been required to sign this form, this of-109?" GRENELL: "No chance whatsoever. I mean, if she's dealing with classified information on a daily basis, which every State Department person does, she when she leaves the service has to turn in all of her documents, has to sign forms to say that you have no classified, top secret, or secret information in your possession. This is fundamental to doing your job at the state department at a low level." (Fox News's " Kelly File," 3/12/15)
https://www.gop.com/questions-abound/
USE LINK FOR VIDEOS - https://www.gop.com/questions-abound/
Today's State Department Presser Lands The Clinton Camp Back Into The Center Of The Email Controversy, As Many Questions Remain Unanswered
DODGE #1: THE STATE DEPARTMENT WON'T SAY IF CLINTON SENT CLASSIFIED FOREIGN GOVERNMENT INFORMATION OVER HER EMAIL
The State Department Won't Say Whether Clinton Sent Foreign Government Information Presumed Classified. REPORTER: "But wait a minute, the Foreign Affairs Manual, and I'm reading from the version in effect for 2009, when the emails that we looked at were sent. It says all Department employees 'must safeguard foreign government and NATO restricted information as US government confidential' or higher. I don't fully understand how this can be a matter of great debate because if you stipulate that information given in confidence by a foreign government to a U.S. official is foreign government information, it seems like you are under an obligation to treat it as confidential or higher in terms of classification. Can you explain to me why that's debatable?" TONER: "It's just that I appreciate your question, it's just that, I hope you understand, I can't litigate those kinds of things, I can't pass judgment from this podium right now. Certainly not when there's other reviews or other investigations that may be under way. Certainly as you know, the Inspector General is looking more broadly at some of these issues and questions. You know, as I said, you know, our clear focus is on clearing these emails, redacting them as necessary, in order to safeguard anything that we have deemed now should be upgraded in classification." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
Reuters Has Reported That Clinton Sent Dozens Of Classified Emails Containing "So-Called 'Foreign Government Information'"
Thirty Of Clinton's Email Threads From 2009 Have Been Found To Contain "So-Called 'Foreign Government Information.'" "In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own 'Classified' stamps now identify as so-called 'foreign government information.'" (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
"The U.S. Government Defines This As Any Information, Written Or Spoken, Provided In Confidence To U.S. Officials By Their Foreign Counterparts." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
"This Sort Of Information, Which The Department Says Clinton Both Sent And Received In Her Emails, Is The Only Kind That Must Be 'Presumed' Classified, In Part To Protect National Security And The Integrity Of Diplomatic Interactions…" "This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be 'presumed' classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters." (Jonathan Allen, "Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest," Reuters, 8/21/15)
DODGE #2: THE STATE DEPARTMENT WON'T SAY IF CLINTON SENT UNMARKED BUT CLASSIFIED INFORMATION OVER HER EMAIL
The State Department Won't Say If Clinton Sent Along Unmarked Classified Information. REPORTER: "And then, one other thing. Sorry, you said-you said that you stood by your position that you are-I can't remember if you said you are confident or certain, but that the information in the emails was not marked classified at the time it was sent or received. But you're not willing to take the position that it was not, in fact, classified, when it was sent or received regardless of whether it was marked as such?" MARK TONER: "Well we've said that we're-we've-and we've been very clear about this, when we've upgraded, we've always said that that certainly does not speak to whether it was classified at the time it was sent or handled, or however, forwarded or received. You know-and we've also been very clear that nothing that we've seen so far was ever marked classified. So I'll just stay there." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
The State Department Announced That Of The 7,000 Pages Of Clinton's Emails Set To Be Released Today, 150 Emails Contain Now-Classified Information. "The State Department will release roughly 7,000 pages of Hillary Rodham Clinton's emails Monday, including about 150 emails that have been censored because they contain information that is now deemed classified." (Matthew Lee, "State Dept. To Release 7,000 Pages Of Emails; 150 Emails Contain Now-Classified Information," The Associated Press , 8/31/15)
State Department Deputy Spokesman Mark Toner Said That "Around 150" Emails Have Been Deemed Classified And Will Feature Redacted Information. "Department officials said the redacted information was classified in preparation for the public release of the emails and not identified as classified at the time Clinton sent or received the messages. All the censored material in the latest group of emails is classified at the "confidential" level, not at higher "top secret" or compartmentalized levels, they said. 'It's somewhere around 150 that have been subsequently upgraded' in classification, State Department spokesman Mark Toner told reporters." (Matthew Lee, "State Dept. To Release 7,000 Pages Of Emails; 150 Emails Contain Now-Classified Information," The Associated Press , 8/31/15)
The Clinton Campaign Has Claimed She Did Not Send Classified Materials Over Email
Hillary Clinton Campaign Spokeswoman Jennifer Palmieri: "Hillary Didn't Send Any Classified Materials Over Email: Hillary Only Used Her Personal Account For Unclassified Email." "Hillary didn't send any classified materials over email: Hillary only used her personal account for unclassified email. No information in her emails was marked classified at the time she sent or received them. She viewed classified materials in hard copy in her office or via other secure means while traveling, not on email." (Jennifer Palmieri, "Hillary Clinton's Emails," Medium, 8/12/15)
Clinton's Story On Whether Or Not She Ever Sent Or Received Classified Information Continues To Evolve
Clinton, March 10: "I Did Not Email Any Classified Material To Anyone On My Email. There Is No Classified Material." CLINTON: "I did not email any classified material to anyone on my email. There is no classified material. So I'm certainly well-aware of the classification requirements and did not send classified material." (Hillary Clinton, Remarks At The UN Regarding Her Personal E-Mail Account, New York, NY, 3/10/15)
Click To Watch
Clinton, July 25: "The Facts Are Pretty Clear: I Did Not Send Nor Receive Anything That Was Classified At The Time." "'The facts are pretty clear: I did not send nor receive anything that was classified at the time,' Mrs. Clinton told reporters in Iowa." (Colleen McCain Nelson, "Hillary Clinton Says She Didn't Use Personal Email Account To Send Or Receive Secret Data," The Wall Street Journal , 7/25/15)
Clinton, August 15: "But The Facts Are The Same As They Have Been From The Very Beginning Of These Questions Being Raised, And Most Importantly I Never Sent Classified Material On My Email And I Never Received Any That Was Marked Classified." (Hillary Clinton, Remarks At Iowa State Fair, Des Moines, IA, 8/15/15)
DODGE #3: THE STATE DEPARTMENT WON'T SAY IF CLINTON FOLLOWED FEDERAL RULES ON HANDLING CLASSIFIED INFORMATION
The State Department Won't Say If Clinton Followed Applicable Rules. FOX NEWS' ED HENRY: "The rules and standards are so important that everyone in this building must follow them. Can you say from that podium categorically that Secretary Clinton followed the rules and the law?" MARK TONER: "I'm just not going to answer that question. It's not our goal, it's not our function in this regard and releasing these emails. Our goal, and our sole purpose - when you look at these emails is to decide. Well, first to publish them according to the FOIA request we have received. But in doing that, looking at them and deciding whether any of that material needs to be redacted and subsequently classified." HENRY: "The department can state categorically that the secretary of state followed the rules?" TONER: "All I can say is that there are, I've alluded to it, I've said as much to our side - there are other reviews underway and that's really for the inspector general and other entities that are out there looking into some of these broader questions." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
A U.S. District Judge Said Clinton's Secret Server And Private Emails "Violated Policy"
Politico Headline: "Judge Says Hillary Clinton's Private Emails Violated Policy" (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy,"Politico, 8/20/15)
U.S. District Judge Emmet Sullivan Said That Clinton "Violated Government Policy By Storing Official Messages On A Private Server When She Worked As Secretary Of State." "A federal judge has added fresh fuel to the incendiary controversy over Hillary Clinton's email, asserting during a hearing Thursday that she violated government policy by storing official messages on a private server when she worked as secretary of state. 'We wouldn't be here today if this employee had followed government policy,' said U.S. District Judge Emmet Sullivan, apparently referring to Clinton, during a hearing on one of the many Freedom of Information Act lawsuits seeking access to her records as secretary of state." (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy," Politico, 8/20/15)
Judge Sullivan: "We Wouldn't Be Here Today If This Employee Had Followed Government Policy." "'We wouldn't be here today if this employee had followed government policy,' said U.S. District Judge Emmet Sullivan, apparently referring to Clinton, during a hearing on one of the many Freedom of Information Act lawsuits seeking access to her records as secretary of state." (Josh Gerstein, "Judge Says Hillary Clinton's Private Emails Violated Policy," Politico, 8/20/15)
DODGE #4: THE STATE DEPARTMENT WON'T SAY IF CLINTON WAS SUBJECT TO THE DEPARTMENT'S OWN FOREIGN AFFAIRS MANUAL
The State Department Repeatedly Refused To Say Whether Clinton Was Subject To The State Department's Foreign Affairs Manual When She Served As Secretary
The State Department Won't Say If Clinton Was Subject To The Agency's Foreign Affairs Manual. REPORTER: "Two other quick things. One is, do you believe as a general matter that the Secretary of State, whomever he or she may be, is bound by the rules in the Foreign Affairs Manual, or not? It maybe that they're not, that they have sort of a status that's different and that therefore they have the right to not follow it." MARK TONER: "I mean, I would just say that every State Department employee from the Secretary on down takes the handling of classified information very seriously and is aware of the rules surrounding those classification standards." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
In The Same Press Briefing, The State Department Again Would Not Say Whether Clinton Was Subject To The Agency's Foreign Affairs Manual. REPORTER: "On the thing of the, that everybody is obliged to, can you not address squarely whether the foreign affairs manual applies to the Secretary of State or not?" MARK TONER: "I can say that again, you know, from the Secretary on down take the handling of classified materials and the rules surrounding those in that sense, including the foreign affairs manual but also other regulations, stipulations, training that we undergo in how to handle classified and confidential information." REPORTER: "Do you take them." TONER: "Seriously." REPORTER: "But does that mean you're bound by them?" TONER: "We're all bound by, how we treat classified information is as I said an important component of the work we do but I've also made clear that when you look at classified material it is not an exact science, it is not black and white, it is not always clear so there's strong feelings and different beliefs about when something is classified whether its born classified or whether it should be classified later. These are all questions that are being answered in a deliberative and thorough way that were looking at that's not somehow some cabal of people in some small room so were making these decisions. It's an interagency process, it involves the IC, and it involves other agencies that as it touches their equities so that's our focus." (Mark Toner, State Department Press Briefing, Washington, D.C., 8/31/15)
Click To Watch
As Secretary Of State, Clinton Should Have Signed A Separation Form, Which Would Have Required Clinton To Surrender All Work-Related Emails Before Leaving The Department
The State Department Conceded It Has No Record Of Clinton Signing A Separation Form. JEN PSAKI: "Thank you. Happy St. Patrick's Day to everyone. Oh, you have a little clover, Samir? Great. Some green in the back. All right. Matt, I don't have anything at the top, so go ahead." MATT LEE: "All right. Well, let's hope for the luck of the Irish here. Can you put to -" PSAKI: "Let's hope." LEE: "-- rest the questions that you have not been able to answer to this point about former Secretary Clinton and whether she signed this separation form or not? " PSAKI: "Well, we have reviewed Secretary Clinton's official personnel file and administrative files and do not have any record of her signing the OF-109. In addition, after looking into their official personnel files, we did not locate any record of either of her immediate predecessors signing this form. It's not clear that this form is used as part of a standard part of checkout across the federal government or even at the State Department. So we're certainly looking into that." (Jen Psaki, State Department Press Briefing, Washington, D.C., 3/17/15)
Click To Watch
The State Department Previously Said That "The Secretary Of State Is Supposed To Follow Such Department Policies." "Clinton left the State Department in early 2013. It was not immediately clear if Clinton signed the agreement but State Department spokeswoman Jen Psaki said the secretary of state is supposed to follow such department policies. A Clinton spokesman did not immediately comment." (Jill Colvin and Ken Thomas, "Clinton Avoids Email Controversy At Women's Event,"The Associated Press , 3/9/15)
Shannen Coffin, Former DOJ Civil Division Assistant Deputy Attorney General: In Light Of Her Private Email Cache, If Clinton Signed Separation Statement OF-109, "There's No Question She Committed A Crime." KELLY: "If she signed it, as you read the law and the manual itself which refers to the criminal code, if she signed that saying she had given them everything back, every federal record that she had in her possession, when in fact she had thousands of documents, thousands of emails sitting on her home server, did she violate the law? Did she commit a crime?" COFFIN: "If that is the -- if that's the case, there's no question. The form itself says, hey, before you sign this understand that you are certifying something that we can prosecute you for. Making a false statement in this context knowingly and willfully, which I can't imagine anything more knowing and willful than knowing you have 55,000 records sitting in your home, if you do that, it is a felony punishable under 18 USC 1001." KELLY: "The form is OF-109. And the question tonight is did Hillary Clinton sign it? And if not, why not? That's what we're going to stay on." (Fox News' " Kelly File," 3/11/15)
The Associated Press Reported That All Outgoing State Department Employees Had "To Sign A 'Separation Statement' Declaring They Had 'Surrendered To Responsible Officials All Unclassified Documents' Related To Official Business During Their Employment." "The Republican National Committee used the vacuum Monday to keep the pressure on Clinton, noting a State Department policy requiring all outgoing employees to turn over job-related materials before leaving. The policy required such employees to sign a 'separation statement' declaring they had 'surrendered to responsible officials all unclassified documents' related to official business during their employment." (Jill Colvin and Ken Thomas, "Clinton Avoids Email Controversy At Women's Event," The Associated Press , 3/9/15)
According To A 2003 State Department Directive 12 FAM 564.4 "Termination," State Department Employees Are Subject To "A Security Debriefing" And Completing A "Separation Statement." "A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4)." (U.S. State Department Foreign Affairs Manual, 12 FAM 564.4, 2/13/03)
Richard Grenell, Former U.S. Spokesman At The United Nations, On The Possibility Clinton Was Not Required The Separation Form: "No Chance Whatsoever." KELLY: "Is there any chance in your experience that she would not have been required to sign this form, this of-109?" GRENELL: "No chance whatsoever. I mean, if she's dealing with classified information on a daily basis, which every State Department person does, she when she leaves the service has to turn in all of her documents, has to sign forms to say that you have no classified, top secret, or secret information in your possession. This is fundamental to doing your job at the state department at a low level." (Fox News's " Kelly File," 3/12/15)
https://www.gop.com/questions-abound/
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