In this process, she took the liberty to delete more emails than she disclosed from the server she used as Secretary of State to conduct State business. She did this without any independent person verifying her decision on what was personal and what was not personal. If a Republican did that, what would you be saying? That it's fair for George Bush or someone else to determine what documents on their WORK/GOVERNMENT server are subject to review for disclosure under the Freedom of Information Act?
The Inspectors General for the State Department and the intelligence community issued a statement saying Clinton’s personal email system contained classified information. This information, they- the Inspector General for the State Department - said, “should never have been transmitted via an unclassified personal system.” The same statement voiced concern that a thumb drive held by Clinton’s lawyer also contains this same secret data. Another report claims the U.S. intelligence community is bracing for the possibility that Clinton’s private email account contains multiple instances of classified information, with some data originating at the CIA and NSA. http://blogs.reuters.com/great-debate/2 ... ould-know/
https://www.pdffiller.com/en/project/68 ... =100045934...even if retroactive classification was applied only after Clinton hit “send” (and State’s own Inspector General says it wasn’t), she is not off the hook.
What matters in the world of secrets is the information itself, which may or may not be marked “classified.” Employees at the highest levels of access are expected to apply the highest levels of judgment, based on the standards in Executive Order 13526. The government’s basic nondisclosure agreement makes clear the rule is “marked or unmarked classified information.”
In addition, the State Department had its own system of classification which, when employees used the State server, required every email sent to be given a designation as to its level of secrecy. The fact that Hillary Clinton CHOSE to use a private server doesn't relieve her of the responsibility to follow state department rules.
http://blogs.reuters.com/great-debate/2 ... ould-know/The problem for Clinton may be particularly damaging. Every email sent within the State Department’s own systems contains a classification; an employee technically cannot hit “send” without one being applied. Just because Clinton chose to use her own hardware does not relieve her or her staff of this requirement.
Some may say even if Clinton committed security violations, there is no evidence the material got into the wrong hands – no blood, no foul. Legally that is irrelevant. Failing to safeguard information is the issue. It is not necessary to prove the information reached an adversary, or that an adversary did anything harmful with the information for a crime to have occurred. See the cases of Chelsea Manning, Edward Snowden, Jeff Sterling, Thomas Drake, John Kiriakou or even David Petraeus. The standard is “failure to protect” by itself.
http://blogs.reuters.com/great-debate/2 ... ould-know/None of these laws, rules, regulations or standards fall under the rubric of obscure legalities; they are drilled into persons holding a security clearance via formal training (mandatory yearly for State Department employees), and are common knowledge for the men and women who handle America’s most sensitive information. For those who use government computer systems, electronic tools enforce compliance and security personnel are quick to zero in on violations.