* “Extremely damaging to our National Security”*




http://www.foxnews.com/politics/2016/01/29/official-some-clinton-emails-too-damaging-to-release.html?intcmp=hpbt1


Official: Some Clinton emails 'too damaging' to release

[image: Description: Catherine Herridge]
<http://www.foxnews.com/on-air/personalities/catherine-herridge/bio>

By Catherine Herridge,
<http://www.foxnews.com/on-air/personalities/catherine-herridge/bio> Pamela
K. Browne <http://www.foxnews.com/archive/pamela-browne>

Published January 29, 2016

Clinton's e-mail problems are worse than previously reported

Never autoplay videos
<http://www.foxnews.com/politics/2016/01/29/official-some-clinton-emails-too-damaging-to-release.html?intcmp=hpbt1>

*EXCLUSIVE: *The intelligence community has now 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 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
<http://www.foxnews.com/politics/2016/01/19/inspector-general-clinton-emails-had-intel-from-most-secretive-classified-programs.html>,
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
<http://www.justice.gov/oip/foia-guide-2004-edition-exemption-3> a
carve-out for both the CIA and NSA to withhold "operational files." Similar
provisions also apply to other agencies.

Fox News reported Friday
<http://www.foxnews.com/politics/2016/01/23/exclusive-clinton-email-exposed-intel-from-human-spying.html>
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.

Reached for comment by Fox News, a State Department official did not
dispute that some emails will never be made public.

*“*We continue to process the next set of former Secretary Clinton’s emails
for release under the FOIA process and will have more to say about it
later,” the official said. “As always, we take seriously our
responsibilities to protect sensitive information.”

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.




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