Vincent J. Curtis
10 Sept 2016
John Lester is the retired Air Force and Naval pilot who
held a Top Secret – Special Campartmented Information security clearance and who,
at the Commander-in-Chief Forum hosted by NBC’s Matt Lauer, challenged Hillary
Clinton. He prefaced his question by
saying that he would have been jailed for doing what Hillary did with
classified information, and he then asked her how she could be trusted with
classified material as president.
Hillary replied more or less as follows:
“Classified material is designated. It is marked.
There is a header so that there is no dispute at all that what is being
communicated to or from someone is marked classified. What we have here is the use of an
unclassified system that was used by hundreds of people in our government to
send information that was not marked.
There were no headers. There was
no statement top secret, secret, or confidential. I
communicated about classified material on a wholly separate system. I took it very seriously.”
There are as many lies in this short passage as there were
in Hillary’s infamous press conference at the United Nations on March 10, 2015,
which concluded with “There is no classified material.” Mr. Lester listened to Hillary’s reply with
far more patience than I could. I would
have interrupted Hillary about three sentences in, saying “That’s a lie,
Hillary. That simply isn’t true.”
Let’s start with the statement “I communicated about
classified material on a wholly separate system.” This is simply a lie. When FOIA requests for Hillary’s emails were
made by Judicial Watch, the State Department replied that there was no material
responsive to the request. In plain
English, State could find no emails that Hillary wrote in their systems,
classified or otherwise, over her entire tenure as Secretary of State. JW’s lawsuit was dismissed, and wasn’t
reinstated until The New York Times
reported on Hillary’s secret server.
Hillary never used a wholly separate system operated by the U.S.
government, as she told Mr. Lester she had.
Now, let’s turn to Hillary’s description of what classified
material is supposed to look like. This
is a complete dodge. There is a
difference between classified material and classified information. A classified document in a piece of paper
with markings on it. These markings are
usually in the form of letters that arranged into words. These in turn are
arranged into sentences and paragraphs.
A literate person is able to interpret the markings on the paper into
words and sentences that convey information to the intellect. Information per se is not material, for it
exists in the human mind. Information,
strictly speaking, cannot be “marked” because only physical things can be
marked. Information can be classified as secret or top secret, but it cannot be marked because it is not physical. Only classified material, such
as documents, can be “marked” because they are physical things.
When we
say that a document contains classified information we are speaking somewhat
loosely, for it requires a mind literate in the written word to make
informational sense of the markings on the page.
A finished, properly marked document may contain classification
markings. This is what Hillary
described. But a document can still
contain classified information without being marked as Hillary described. For example, before the document passes
through a classification authority, it can exist without classification
markings. And a document created by
copy-typing the contents of a classified document onto a blank page, or into an
email, possesses classified information without markings. Hence, classified material that exists as a
physical thing isn’t always as Hillary described. You can, as the FBI did, put classification
markings onto a document that contains no classified information. So there is no necessary connection between
markings and classified information in a document.
The purpose of putting classification markings on a document
is so that a person can see at a glance the classification level of the information
in the document without having to read it.
And the Classified Information Nondisclosure Agreement that
Hillary signed on January 22, 2009, makes reference to unmarked documents
containing classified information. “As
used in this Agreement, classified information is marked or unmarked classified
information, including oral communications.”
(Oral communications, of course, cannot contain physical markings) Hillary also agreed to protect “unclassified
information that meets the standards for classification and is in the process
of classification determination.”
So all the talk about headers and so forth are quite
irrelevant to classified information,
which is what Hillary swore to protect.
Hillary simply lied.
Hillary was truthful when she said that her secret
system was unclassified and was used to send information that was not
marked. First, information cannot be
“marked” in a physical sense. Hillary’s
emails were indeed not marked, but the FBI found that roughly 15% of the emails
they recovered from her server that pertained to State Department business contained
classified information and were not properly marked. Some indeed, was properly marked, as Director Comey explained, “at the
time.” That part made her remarks to Mr.
Lester a lie. The fact that many emails were
not properly marked does not mean that they did not contain classified
information. As an Original
Classification Authority, Hillary was responsible for recognizing and properly
classifying unmarked classified material, such as paper documents and emails. It was her duty which she swore to uphold,
and she demonstrated to the FBI the capacity to recognize classified
information.
One could get into the business that electronic documents,
as emails are, not being physical objects were not marked, since only physical
things can be marked. But Hillary did
not make use of this distinction in her reply to Mr. Lester.
Hillary continues to lie about her emails, and her response
to Mr. Lester was another brazen attempt to bamboozle an unsophisticated
audience. One hopes that by now the
public is alive to her attempts to deceive.
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