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OpEdNews Op Eds    H1'ed 4/17/16

Is Hillary Clinton Above the Law?

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Ray McGovern
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Former National Security Agency official William Binney sitting in the offices of Democracy Now! in New York City.
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"The case of Gen. David Petraeus comes immediately to mind. There was mucho seething at the FBI, when Petraeus gave his mistress classified documents of extreme sensitivity, lied about it to FBI investigators, and was let off with a slap on the wrist." [See Consortiumnews.com's "Gen. Petraeus: Too Big to Jail."]

Operational Perspective

With the aim of getting expert commentary from an operational perspective, I turned to Scott Ritter, who served on Gen. Norman Schwarzkopf's staff during the first Gulf war, before he became chief U.N. weapons inspector for Iraq. Here's what Ritter had to say:

"I can say that NSA/JSOC (and even U.N. teams such as the one I was running in Iraq) would LOVE for a foreign official at the secretary-of-state level to use a private server for official communications. One need simply to mimic a cell tower (the Stingray technology in vogue today would suffice) and you instantly have access to everything such an official does/says/types on a cell phone. That senior official would no longer have the unique identifiers and encryption that an official server would provide.

"By the way, it is no longer a secret that we targeted the unencrypted communications that Saddam Hussein and his closest advisers sent out, not just the encrypted ones. Any communications traffic analyst will tell you that simply reading the unclassified traffic provides a plethora of actionable intelligence -- particularly since the communications intercepted are in real time."

President Barack Obama shakes hands with U.S. troops at Bagram Airfield in Bagram, Afghanistan, Sunday, May 25, 2014.
President Barack Obama shakes hands with U.S. troops at Bagram Airfield in Bagram, Afghanistan, Sunday, May 25, 2014.
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In the Field

So what can happen in the field -- in combat areas and in places like Kabul -- when regulations governing the handling of classified information are disregarded? For perspective on this, I turned to Matthew Hoh, Marine Captain in Iraq and later a senior State Department official in Afghanistan. He answered:

"Ordinary Americans need to know how serious this is. Just last week we witnessed one example of what could have happened when Secretary of State John Kerry was visiting Kabul and the Taliban tried to attack him with rockets. Whenever the President, Vice President, Secretary of State or Defense, Joint Chiefs Chairman, or a congressional delegation visits Iraq, Afghanistan, Pakistan or Iraq, the planning and arrangements are secret. But this is the type of information that could be sent over Clinton's personal email, hacked, and gotten a senior American official killed.

"Another example would be Clinton discussing information relating to intercepts of foreign leaders. It's possible in her correspondence she could mention something regarding Putin, Cameron, Modi, et al., that we capture via SIGINT. That would not only be an embarrassment; it would blow that capability for such access (and squander the millions of dollars spent in creating it). Fortunately for the other world leaders, they don't seem to have been as arrogant or dumb (or both of the above) in insisting on using non-secure communications.

"Was it not amazing that Clinton protege, Assistant Secretary of State for European Affairs Victoria Nuland, plotted the Feb. 22 coup in Ukraine with the U.S. Ambassador in Kiev on an insecure telephone! Wonder where Nuland got the idea that was all right.

"Only transmitting and sharing classified information via email through the secure email and internet system used by the U.S. government also prevents accidental transmission of secret information to people who should not receive secret information. It's a closed system. Only those with the approved clearance and an authorized email account can receive the email. So you can't accidentally type in the wrong name of a contact who is not trusted, is not a U.S. citizen, does not have a security clearance, etc., and send them an email with classified information.

"We've all done that with our email, type in the wrong name and send someone an email by accident. Or we've forwarded an email string with a chain of information somewhere down the body of the message that you didn't want the recipient to see. By transmitting classified information via her personal email account Hilary Clinton could have very easily sent classified information to someone by accident. Of course, as everyone who uses email knows, once you send a message you have no control over where that message gets sent after you hit send. So, once she forwarded an email with classified information that information could be sent to anyone, anywhere in the world whether on purpose or on accident. That's why you don't transmit classified information outside the secure system.

"Another question: What information regarding her dealings outside of her official capacities may have been targeted? What I mean is besides U.S. government secrets that she possibly exposed were Clinton's own secrets -- perhaps a quid pro quo or two regarding foreign donations to the Clinton Foundation. Such information could be used against her as political blackmail. What information could have been captured by a foreign power that could be used if/when Hillary Clinton came to office as President to gain leverage over her?

"Undoubtedly, if she wins election, her first priority will be re-election. So, my concern is not just for information that she could have compromised as Secretary of State that would have harmed the U.S. from 2009-2013, but what information has been compromised that could be used against her as blackmail if she is in the Oval Office?"

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Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in inner-city Washington. He was an Army infantry/intelligence officer and then a CIA analyst for 27 years, and is now on the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS). His (more...)
 
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