# What happened with the Hillary email scandal?

**URL:** <https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574>\
**Category:** Politics & Elections\
**Created:** [January 29, 2016, 2:58pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574 "2016-01-29T14:58:56Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 31, 2016, 2:12am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/121 "2016-01-31T02:12:38Z")

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> [@Xema](#):
>
> When information is accompanied by a note that the sender (of high rank) “very much wants the Secretary (only) to see this”, would you not say that’s an unmistakable indication that the info is expected to be held in confidence?

That’s probably a good indication, though we don’t know what happened after Hillary’s staff received the info, or whether anything else happened in the interim to deem it not FGI, or any number of other possibilities. In the worst case, assuming there was nothing in the interim or otherwise that changed the status of the info (and we don’t know that), for that particular example, it’s possible that Hillary’s staff broke rules forwarding that info by email.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [January 31, 2016, 6:41am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/122 "2016-01-31T06:41:04Z")

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> [@Martin\_Hyde](#):
>
> Well you’re introducing things not in the evidence against Cheney. Cheney was never proven to have those motivations or to have done the things you mention. …

As well, Hillary never shot an old Texas lawyer in the face with a shotgun and made him apologize for getting shot! OK, that’s one for Cheney, but still…

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**Author:** ![UberArchetype](https://avatars.discourse-cdn.com/v4/letter/u/2bfe46/32.png) [@UberArchetype](https://boards.straightdope.com/u/UberArchetype)\
**Post date:** [January 31, 2016, 8:37pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/123 "2016-01-31T20:37:55Z")

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Just to get things back on track, answering the OP’s question in a more direct, factual manner: It’s still in progress. The OCA and their counterparts continue to evaluate new information. Possible courses of action from a criminal prosecution standpoint are up in the air due to the many involved subject’s frantic ass-covering, lying and other related pernicious activities. This case poses unique challenges, since nobody has ever done anything this stupid with classified information before. :smack:

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [January 31, 2016, 8:52pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/124 "2016-01-31T20:52:11Z")

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Nice to see you’re staying impartial, **Uber**.

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**Author:** ![UberArchetype](https://avatars.discourse-cdn.com/v4/letter/u/2bfe46/32.png) [@UberArchetype](https://boards.straightdope.com/u/UberArchetype)\
**Post date:** [January 31, 2016, 8:58pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/125 "2016-01-31T20:58:07Z")

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> [@Superdude](#):
>
> Nice to see you’re staying impartial, **Uber**.

That’s where alot people just don’t get it when it comes to classified information. There’s no partiality and there’s no middle ground. It’s protected at all cost. The rules and regulations are clear. Especially when it comes to TS and above, there are no excuses.

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**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\
**Post date:** [January 31, 2016, 9:22pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/126 "2016-01-31T21:22:58Z")

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Why even investigate? It’s a waste of time and resources when the Democrats control the Justice Dept.

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**Author:** ![Ukulele\_Ike](https://avatars.discourse-cdn.com/v4/letter/u/df788c/32.png) [@Ukulele\_Ike](https://boards.straightdope.com/u/Ukulele_Ike)\
**Post date:** [January 31, 2016, 9:23pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/127 "2016-01-31T21:23:38Z")

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> [@UberArchetype](#):
>
> That’s where alot people just don’t get it when it comes to classified information. There’s no partiality and there’s no middle ground. It’s protected at all cost. The rules and regulations are clear. Especially when it comes to TS and above, there are no excuses.

“Sir, you can’t let him in here! He’ll see everything! He’ll see…_the Big Board_!”

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [January 31, 2016, 9:34pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/128 "2016-01-31T21:34:57Z")

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> [@UberArchetype](#):
>
> That’s where alot people just don’t get it when it comes to classified information. There’s no partiality and there’s no middle ground. It’s protected at all cost. The rules and regulations are clear. Especially when it comes to TS and above, there are no excuses.

The rules and regulations are clear. However, there’s obviously some confusion regarding what was classified when, and when/if it was supposed to be classified at that point in time, since the rules have changed since then.

If only we had all of our Right-wing Dopers investigating this instead of people more familiar with the rules. We could just go ahead and execute Hillary, and y’all could just rub yourselves raw at the thought of FINALLY getting something over on those Clintons.

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**Author:** ![Fuzzy\_wuzzy](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@Fuzzy\_wuzzy](https://boards.straightdope.com/u/Fuzzy_wuzzy)\
**Post date:** [January 31, 2016, 10:23pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/129 "2016-01-31T22:23:06Z")

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> [@octopus](#):
>
> Why even investigate? It’s a waste of time and resources when the Democrats control the Justice Dept.

I have read stories recently quoting a number of un-named sources saying there will be a lot of disgruntlement within the FBI/Justice Dept etc if Clinton is not prosecuted. I believe there is a behind the scenes pissing contest going on which is resulting in these un-named sources trying to get there message over. Im sure some of it is genuinely felt frustration, some of it political partizanship. I suppose we will just have to wait and see how all this ends. Im guessing it will be an inconclusive, messy end.

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**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\
**Post date:** [January 31, 2016, 11:21pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/130 "2016-01-31T23:21:30Z")

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> [@UberArchetype](#):
>
> That’s where alot people just don’t get it when it comes to classified information. There’s no partiality and there’s no middle ground. It’s protected at all cost. The rules and regulations are clear. Especially when it comes to TS and above, there are no excuses.

That is just not true. **Martin Hyde** has a very good post up-thread. And I can add that if improper marking, handling, or even e-mailing of classified information was enough to get you a felony charge then I would know a lot of felons.

As far as “dumbest thing ever done with classified information”, I’ll just leave you with this: [Report Describes Careless Handling of U.S. Secrets](http://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090201029.html) Note that the former Attorney General faced no charges.

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [January 31, 2016, 11:22pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/131 "2016-01-31T23:22:34Z")

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I just came across this [Classified Information Non-Disclosure Agreement](https://foia.state.gov/searchapp/DOCUMENTS/HRC_NDAS/1/DOC_0C05833708/C05833708.pdf) signed by Hillary in 2009 when she became SoS. The first paragraph includes:

> [@](#):
>
> As used in this Agreement, classified information is **marked or unmarked** classified information, including oral communications, that is classified under the standards of Executive Order 12958, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the interests of national security; and unclassified information that meets the standards for classification and is in the process of a classification determination  
> [emphasis added]

This seems to clearly say that the argument “but it wasn’t marked classified” she and her supporters have been spinning for many months is entirely irrelevant.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [January 31, 2016, 11:58pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/132 "2016-01-31T23:58:08Z")

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> [@Xema](#):
>
> I just came across this [Classified Information Non-Disclosure Agreement](https://foia.state.gov/searchapp/DOCUMENTS/HRC_NDAS/1/DOC_0C05833708/C05833708.pdf) signed by Hillary in 2009 when she became SoS. The first paragraph includes:
> 
> This seems to clearly say that the argument “but it wasn’t marked classified” she and her supporters have been spinning for many months is entirely irrelevant.

Again, classified information, not unclassified then as even the people that now are doing so do report.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [February 1, 2016, 12:00am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/133 "2016-02-01T00:00:00Z")

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> [@Jas09](#):
>
> That is just not true. **Martin Hyde** has a very good post up-thread. And I can add that if improper marking, handling, or even e-mailing of classified information was enough to get you a felony charge then I would know a lot of felons.
> 
> As far as “dumbest thing ever done with classified information”, I’ll just leave you with this: [Report Describes Careless Handling of U.S. Secrets](http://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090201029.html) Note that the former Attorney General faced no charges.

And that points to what I noted early, the intention of the one making the boneheaded mistake is taken into account.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [February 1, 2016, 12:11am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/134 "2016-02-01T00:11:39Z")

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> [@Xema](#):
>
> I just came across this [Classified Information Non-Disclosure Agreement](https://foia.state.gov/searchapp/DOCUMENTS/HRC_NDAS/1/DOC_0C05833708/C05833708.pdf) signed by Hillary in 2009 when she became SoS. The first paragraph includes:
> 
> This seems to clearly say that the argument “but it wasn’t marked classified” she and her supporters have been spinning for many months is entirely irrelevant.

“It wasn’t marked” isn’t irrelevant, but it’s certainly not the final answer – information can be classified whether or not it’s marked. At this point there’s no way to know, based on the information publicly available, whether the stuff people emailed to her was classified or not when it was emailed. Maybe at some point we’ll have enough info to make a judgment, but not yet.

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**Author:** ![UberArchetype](https://avatars.discourse-cdn.com/v4/letter/u/2bfe46/32.png) [@UberArchetype](https://boards.straightdope.com/u/UberArchetype)\
**Post date:** [February 1, 2016, 12:45am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/135 "2016-02-01T00:45:30Z")

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> [@Jas09](#):
>
> That is just not true. **Martin Hyde** has a very good post up-thread…

Martin Hyde probably wouldn’t know classified information if it bit him in the arse.

But that is exactly what will probably happen to a few underlings, sysadmins and such, most likely. It is just not possible for this to happen without someone (not Hillary for chrissakes) egregiously violating the rules for transmitting and storing classified information. Hell, I certainly believe she is not _much_ to blame, which could ruin the campaign, but certainly won’t put her behind bars.

That special reward will go to one or more of her staff.

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**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\
**Post date:** [February 1, 2016, 12:54am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/136 "2016-02-01T00:54:32Z")

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You’re entitled to your opinion–but your comments that “no one has done anything this stupid with classified information before” is frankly, provably, patently false. People have done dumber, and it’s become public knowledge. It calls into question for me your position on the matter.

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [February 1, 2016, 1:39am UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/137 "2016-02-01T01:39:57Z")

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> [@Randolph](#):
>
> Maybe if the right-wingers would tone down the morality and integrity, they could learn how to play the game, too.

They tried, but both knobs were already turned down to zero.

> [@Martin\_Hyde](#):
>
> You’re entitled to your opinion–but your comments that “no one has done anything this stupid with classified information before” is frankly, provably, patently false. People have done dumber, and it’s become public knowledge. It calls into question for me your position on the matter.

Hey, remember that one guy who openly talked about classified information at a **live televised hearing** while talking _to_ the CIA guys who’d told him it was classified and were trying to get him to shut up? I think it was Darren something? Daryl? Derwood? Anyway, I bet the Republicans were all over _that_ guy, what with their commitment to morality, integrity and national security.

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**Author:** ![UberArchetype](https://avatars.discourse-cdn.com/v4/letter/u/2bfe46/32.png) [@UberArchetype](https://boards.straightdope.com/u/UberArchetype)\
**Post date:** [February 1, 2016, 2:22pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/138 "2016-02-01T14:22:39Z")

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> [@Martin\_Hyde](#):
>
> …but your comments that “no one has done anything this stupid with classified information before” is frankly, provably, patently false.

If yourself and Mr. Gyrate had the slightest clue about how classified information systems and networks are certified, operated and controlled, you would agree with me. It is the bane of information security managers everywhere. Networking makes this type of misdeed many orders of magnitude more devastating than anything one person could ever say. Characterizing it as stupid is really an understatement.

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**Author:** ![Damuri\_Ajashi](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@Damuri\_Ajashi](https://boards.straightdope.com/u/Damuri_Ajashi)\
**Post date:** [February 1, 2016, 3:33pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/139 "2016-02-01T15:33:17Z")

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> [@YogSothoth](#):
>
> The silly hopes of the GOP that Clinton would be somehow indicted by the FBI in the middle of her campaign will turn out to be just another fantasy. Americans stopped caring after nothing was found and Bernie Sanders explicitly said “We’re tired of hearing about your damn emails”. Don’t know if he intended it or not, but that effectively killed any momentum it had. If Clinton is elected, I hope she can find some time to send him a grateful present.

Are you kidding? She should be sending a gift basket to the republican party every day during her first term to thank them for the Benghazi hearings.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [February 1, 2016, 6:25pm UTC](https://boards.straightdope.com/t/what-happened-with-the-hillary-email-scandal/744574/140 "2016-02-01T18:25:25Z")

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> [@elucidator](#):
>
> As well, Hillary never shot an old Texas lawyer in the face with a shotgun and made him apologize for getting shot! OK, that’s one for Cheney, but still…

The old Texas lawyer made a mistake and walked up, unannounced, on a hunting party. That’s a major faux pas while hunting, but you wouldn’t be aware of that.

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