1999: Clinton Admin Knew/Facilitated China Military Theft

Posted on October 4, 2016October 4, 2016 by Denise Simon

Wen Ho Lee

And the biggest changes are occurring far away from Washington’s orbit.

US President Barack Obama (L-R), China’s President Xi Jinping, and Russia’s President Vladimir Putin during a photo shoot at the International Convention Center at Yanqi Lake in Beijing, November 11, 2014. REUTERS/Kim Kyung-Hoon

Although the Sino-Russo relationship predates the Ukraine conflict, there’s no question that the crisis has shifted Moscow even more toward Beijing.

Over the last year, we saw the two countries sign highly publicized energy deals, conduct joint military exercises, and even generally support each others’ foreign policy adventures. More here from BusinessInsider.

Here are a few questions for investigators in both houses of Congress to pose:

NYT’s: To Samuel Berger, the Hogan & Hartson trade lobbyist turned national security adviser: Why can’t Congress see your memo to President Clinton summarizing the devastating Cox report on espionage when it was submitted for security clearance in January? With the report now public, no claim of secrecy can properly be made.

Clinton pretended two months ago to have been uninformed of wholesale espionage. Did Berger’s January cover memo truly reflect the Cox report’s revelations, or did it lull the President into a false sense of national security?

To Bill Richardson, Energy Secretary since September 1998: You were briefed on espionage suspicions in November, and received the Cox report in January. Did you never have occasion to mention its serious implications on China policy to the President? You knew Secretary of State Albright was going to China in February; why did you withhold it from her? Did the White House suggest she be kept ignorant, or was it your own idea?

To F.B.I. Director Louis Freeh: Attorney General Janet Reno says ”I was not apprised of the details of the case at the time the decision was made” to reject wiretap surveillance of Wen Ho Lee at Los Alamos. Didn’t you think this was important enough to take to the top? She also says your 1997 request ”did not contain a request to search any computer.” If that is true, why not?

To the Senate Democratic leader, Tom Daschle: The bipartisan Cox report charges the White House with failing to inform Congress, but you say ”Republican chairs of the Congress were warned about this as early as 1996 and also chose to do nothing.” Did you read those ”warnings” before accusing Senator Arlen Specter and Representative Porter Goss of failing in their intelligence oversight duties? Can the public now see if those staff briefings were complete?

To Dan Burton, chairman of the House Government Reform and Oversight Committee: With Reno Justice allowing all Clinton’s illegal Asian fund-raisers to cop a plea and walk, you’ve subpoenaed Charlie Trie for June 10 and John Huang for June 17. Will you allow the ranking Democrat, Henry Waxman, to turn hearings into a partisan circus, or will you depose Trie and Huang extensively beforehand to discover links to Bruce Lindsey, the D.N.C.’s Don Fowler and Hillary’s Harold Ickes?

To George Tenet, Director of Central Intelligence: You reported to Cox that information on China’s theft of our W-88 nuclear warhead design came from a ”walk-in” planted by Chinese intelligence. That’s counterintuitive counterintelligence; does nobody in C.I.A. dispute the ”dangle” theory? Where is he now, and is he (or she) singing?

To Richard Shelby and Bob Kerrey of Senate Intelligence: The Cox report ran 900 pages, but nearly 400 pages were cut out by the Clinton sanitizers. Was all of this really for security reasons, or do many redactions cover C.I.A., F.B.I. and White House embarrassments?

To Senator Robert Torricelli, Democrat of New Jersey: You told CBS’s Bob Schieffer that Clinton should talk to Reno about ”her ability to perform her duties.” Are you worrying about her judgment under a physical affliction, or making a nonpartisan judgment on sustained misfeasance at Justice — or helping the White House toss her off the sled to save Sandy Berger?

The biggest question is this: Will we fall for the usual ”it’s old news” and ”everybody did it” defenses? Or will we connect the dots from the (a) corrupt Asian and satellite-producer contributions to the (b) refusal to stop the theft of nuclear codes lest it offend Beijing to the (c) change of policy to sell China powerful computers capable of using those codes to simulate tests?

The House is being serious. What about the Senate?

****What is this all about you ask?

*The People’s Republic of China (PRC) has stolen design information on the United States’ most advanced

thermonuclear weapons.

* The Select Committee judges that the PRC’s next generation of thermonuclear weapons, currently under development, will exploit elements of stolen U.S. design information.

* PRC penetration of our national weapons laboratories spans at least the past several decades and almost

certainly continues today.

****

• The stolen information includes classified information on seven U.S. thermonuclear warheads, including every currently deployed thermonuclear warhead in the U.S. ballistic missile arsenal.

• The stolen information also includes classified design information for an enhanced radiation weapon (commonly known as the “neutron bomb”), which neither the United States, nor any other nation, has yet deployed.

• The PRC has obtained classified information on the following U.S. thermonuclear warheads, as well as a number of associated reentry vehicles (the hardened shell that protects the thermonuclear warhead during reentry).

****

In addition, in the mid-1990s the PRC stole, possibly from a U.S. national

weapons laboratory, classified thermonuclear weapons information that cannot be

identified in this unclassified Report. Because this recent espionage case is currently

under investigation and involves sensitive intelligence sources and methods, the

Clinton administration has determined that further information cannot be made public

without affecting national security or ongoing criminal investigations.

The W-88, a miniaturized, tapered warhead, is the most sophisticated nuclear

weapon the United States has ever built. In the U.S. arsenal, it is mated to the D-5 submarine-

launched ballistic missile carried aboard the Trident nuclear submarine. The

United States learned about the theft of the W-88 Trident D-5 warhead information, as

well as about the theft of information regarding several other nuclear weapons, in 1995.

The PRC has stolen U.S. design information and other classified information

for neutron bomb warheads. The PRC stole classified U.S. information about

the neutron bomb from a U.S. national weapons laboratory. The U.S. learned of the

theft of this classified information on the neutron bomb in 1996.

In the late 1970s, the PRC stole design information on the U.S. W-70 warhead

from the Lawrence Livermore Laboratory. The U.S. government first learned of this

theft several months after it took place. The W-70 warhead contains elements that

may be used either as a strategic thermonuclear weapon, or as an enhanced radiation

weapon (“neutron bomb”). The PRC tested the neutron bomb in 1988.

The Select Committee is aware of other PRC thefts of U.S. thermonuclear

weapons-related secrets. The Clinton administration has determined that further

information about PRC thefts of U.S. thermonuclear weapons-related secrets cannot

be publicly disclosed without affecting national security.

The PRC acquired this and other classified U.S. nuclear weapons information as

the result of a 20-year intelligence collection program to develop modern thermonuclear

weapons, continuing to this very day, that includes espionage, review of unclassified

publications, and extensive interactions with scientists from the Department of

Energy’s national weapons laboratories.

**** The full Cox Report is 700 pages but this link is the summary. So, those questions the New York Times asked in 1999 need to be asked again today of both Hillary and Bill. What say you?

Ah, Yahoo has Been Secretly Sweeping Your Emails

Posted on October 4, 2016October 4, 2016 by Denise Simon

Primer: Report: Yahoo hack may have compromised up to 3B accounts

Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence

SAN FRANCISCO (Reuters) – Yahoo Inc last year secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.

The company complied with a classified U.S. government directive, scanning hundreds of millions of Yahoo Mail accounts at the behest of the National Security Agency or FBI, said two former employees and a third person apprised of the events.

Some surveillance experts said this represents the first case to surface of a U.S. Internet company agreeing to a spy agency’s demand by searching all arriving messages, as opposed to examining stored messages or scanning a small number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a set of characters. That could mean a phrase in an email or an attachment, said the sources, who did not want to be identified.

Reuters was unable to determine what data Yahoo may have handed over, if any, and if intelligence officials had approached other email providers besides Yahoo with this kind of request.

According to the two former employees, Yahoo Chief Executive Marissa Mayer’s decision to obey the directive roiled some senior executives and led to the June 2015 departure of Chief Information Security Officer Alex Stamos, who now holds the top security job at Facebook Inc.”Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Through a Facebook spokesman, Stamos declined a request for an interview.

The NSA referred questions to the Office of the Director of National Intelligence, which declined to comment.

The demand to search Yahoo Mail accounts came in the form of a classified directive sent to the company’s legal team, according to the three people familiar with the matter.

U.S. phone and Internet companies are known to have handed over bulk customer data to intelligence agencies. But some former government officials and private surveillance experts said they had not previously seen either such a broad directive for real-time Web collection or one that required the creation of a new computer program.

“I’ve never seen that, a wiretap in real time on a ‘selector,'” said Albert Gidari, a lawyer who represented phone and Internet companies on surveillance issues for 20 years before moving to Stanford University this year. A selector refers to a type of search term used to zero in on specific information.

“It would be really difficult for a provider to do that,” he added.

Experts said it was likely that the NSA or FBI had approached other Internet companies with the same demand, since they evidently did not know what email accounts were being used by the target. The NSA usually makes requests for domestic surveillance through the FBI, so it is hard to know which agency is seeking the information.

Reuters was unable to confirm whether the 2015 demand went to other companies, or if any complied.

Alphabet Inc’s Google and Microsoft Corp, two major U.S. email service providers, did not respond to requests for comment.

CHALLENGING THE NSA

Under laws including the 2008 amendments to the Foreign Intelligence Surveillance Act, intelligence agencies can ask U.S. phone and Internet companies to provide customer data to aid foreign intelligence-gathering efforts for a variety of reasons, including prevention of terrorist attacks.

Disclosures by former NSA contractor Edward Snowden and others have exposed the extent of electronic surveillance and led U.S. authorities to modestly scale back some of the programs, in part to protect privacy rights.

Companies including Yahoo have challenged some classified surveillance before the Foreign Intelligence Surveillance Court, a secret tribunal.

Some FISA experts said Yahoo could have tried to fight last year’s directive on at least two grounds: the breadth of the demand and the necessity of writing a special program to search all customers’ emails in transit.

Apple Inc made a similar argument earlier this year when it refused to create a special program to break into an encrypted iPhone used in the 2015 San Bernardino massacre. The FBI dropped the case after it unlocked the phone with the help of a third party, so no precedent was set.

Other FISA experts defended Yahoo’s decision to comply, saying nothing prohibited the surveillance court from ordering a search for a specific term instead of a specific account. So-called “upstream” bulk collection from phone carriers based on content was found to be legal, they said, and the same logic could apply to Web companies’ mail.

As tech companies become better at encrypting data, they are likely to face more such requests from spy agencies.

Former NSA General Counsel Stewart Baker said email providers “have the power to encrypt it all, and with that comes added responsibility to do some of the work that had been done by the intelligence agencies.”

SECRET SIPHONING PROGRAM

Mayer and other executives ultimately decided to comply with the directive last year rather than fight it, in part because they thought they would lose, said the people familiar with the matter.

Yahoo in 2007 had fought a FISA demand that it conduct searches on specific email accounts without a court-approved warrant. Details of the case remain sealed, but a partially redacted published opinion showed Yahoo’s challenge was unsuccessful.

Some Yahoo employees were upset about the decision not to contest the more recent directive and thought the company could have prevailed, the sources said.

They were also upset that Mayer and Yahoo General Counsel Ron Bell did not involve the company’s security team in the process, instead asking Yahoo’s email engineers to write a program to siphon off messages containing the character string the spies sought and store them for remote retrieval, according to the sources.

The sources said the program was discovered by Yahoo’s security team in May 2015, within weeks of its installation. The security team initially thought hackers had broken in.

When Stamos found out that Mayer had authorized the program, he resigned as chief information security officer and told his subordinates that he had been left out of a decision that hurt users’ security, the sources said. Due to a programming flaw, he told them hackers could have accessed the stored emails.

Stamos’s announcement in June 2015 that he had joined Facebook did not mention any problems with Yahoo. (http://bit.ly/2dL003k)

In a separate incident, Yahoo last month said “state-sponsored” hackers had gained access to 500 million customer accounts in 2014. The revelations have brought new scrutiny to Yahoo’s security practices as the company tries to complete a deal to sell its core business to Verizon Communications Inc for $4.8 billion.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Tiffany Wu)

European Union Approved Deportation of Afghanis

Posted on October 3, 2016October 3, 2016 by Denise Simon

Primer: FORT BENNING, Ga. (AP) — Seven Afghan military students in four states have been absent without leave since earlier this month, military officials said.

U.S. Navy Defense Press Operations Cmdr. Patrick L. Evans said in an email Thursday that four students left their posts without leave over the Labor Day weekend, the Columbus Ledger-Enquirer reported (http://bit.ly/2dcWkt2 ). Two of the students were at Fort Benning in Georgia, while one was at Fort Lee in Virginia and the other in Little Rock, Arkansas. More here from CNS.

The European Union and Afghanistan reach an arrangement to tackle migration issues

Yesterday, the European Union and Afghanistan reached an important political arrangement, “The EU-Afghanistan Joint Way Forward on Migration issues”, to effectively tackle the challenges in both the European Union and Afghanistan linked to irregular migration. This is the result of a constructive dialogue based on partnership and a willingness to enhance dialogue and bilateral cooperation in this area. A dialogue at the level of senior officials is foreseen to take place on 4 October to begin the implementation process. (For more information: Maja Kocijancic – Tel.: + 32 229 86570; Natasha Bertaud – Tel.: +32 229 67456; Tove Ernst – Tel.: +32 229 86764)

Guardian: The EU has signed an agreement with the Afghan government allowing its member states to deport an unlimited number of the country’s asylum seekers, and obliging the Afghan government to receive them.

The deal has been in the pipeline for months, leading up to a large EU-hosted donor conference in Brussels this week. According to a previously leaked memo, the EU suggested stripping Afghanistan of aid if its government did not cooperate.

The deal, signed on Sunday, has not been made public but a copy seen by the Guardian states that Afghanistan commits to readmitting any Afghan citizen who has not been granted asylum in Europe, and who refuses to return to Afghanistan voluntarily.

It is the latest EU measure to alleviate the weight of the many asylum seekers who have arrived since early 2015. Afghans constituted the second-largest group of asylum seekers in Europe, with 196,170 applying last year.

While the text stipulates a maximum of 50 non-voluntary deportees per chartered flight in the first six months after the agreement, there is no limit to the number of daily deportation flights European governments can charter to Kabul.

With tens of thousands set to be deported, both sides will also consider building a terminal dedicated to deportation flights at Kabul international airport.

The agreement, Joint Way Forward, also opens up the deportation of women and children, which at the moment almost exclusively happens from Norway: “Special measures will ensure that such vulnerable groups receive adequate protection, assistance and care throughout the whole process.”

If family members in Afghanistan cannot be located, unaccompanied children can be returned only with “adequate reception and care-taking arrangement having been put in place in Afghanistan”, the text says.

The EU has negotiated the agreement with the Afghan government as part of the run-up to this week’s Brussels donor conference, where international donors will pledge aid for Afghanistan for the coming four years. Some Afghan officials seem to have felt strong-armed. The Afghan minister for refugees and repatriation, Sayed Hussain Alemi Balkhi, refused to sign the document, leaving the duty to a deputy.

Still, Afghanistan, whose domestic revenue only constitutes 10.4% of GDP, is so dependent on foreign aid that the government may have had little choice.

Liza Schuster, a Kabul-based migration expert, said the deal was an example of “how developed countries are able to push through their agenda in countries where there simply isn’t the capacity in the ministries to push back”. She added that there had been little transparency in the negotiation process.

“There has been no oversight, no consultation, and hardly any mention of it to any of the migrant organisations or rights organisations [in Europe]. There was no chance to mount resistance against it,” Schuster said.

The large exodus of Afghans last year seemed partly triggered by Angela Merkel opening Germany’s doors to almost a million migrants, but it also coincided with a deteriorating security situation, which has not improved since.

On Sunday, the Taliban mounted a strong assault on the northern city of Kunduz, while attacks have also increased in many other parts of the country.

To prevent a migrant flow of the size experienced last year, the deal commits the EU to help fund public awareness campaigns in Afghanistan warning against the dangers of migrating.

However, not all Afghan asylum seekers arrive to Europe from Afghanistan. An unknown number were born or grew up in Iran or Pakistan. If sent to Afghanistan, many are likely to struggle without the social networks that are often a prerequisite to getting work, even for the well-educated. According to Schuster, who has authored a paper on post-deportation experience, destitute people, who do not choose to leave Afghanistan again immediately after deportation, could be ripe targets for recruitment not only by the Taliban but local strongmen commanding militias. In that sense, deportations could add to instability.

“There is not sufficient protection, the level of generalised violence is too high and Kabul is already bursting at the seams,” Schuster said.

“This particular agreement allows European governments to ride straight through all the argumentation that’s been made over the past 15 years that it’s not safe to return people at the moment.”

Obama Broke the Law Scouting Locations for Gitmo Detainees

Posted on October 3, 2016October 3, 2016 by Denise Simon

For the group of detainees who remain designated for continued detention and who are not candidates for U.S. prosecution or detention or transfer to a foreign country, the administration will work with Congress to relocate them from the Guantanamo Bay detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S. dispositions. These individuals would be detained under the Authorization for Use of Military Force (AUMF), P.L. 107-40, as informed by the law of war, and consistent with applicable domestic and international law for such detentions. More here.

Obama Admin Secretly Scouted U.S. Cities to Move Gitmo Terrorists

Administration effort violated U.S. law, lawmakers charge

The Obama administration secretly used taxpayer money to fund an official inspection of several U.S. cities as possible locations to move terrorist inmates held at the Guantanamo Bay prison camp in violation of federal law, the Washington Free Beacon has learned.

The Obama administration ordered the Pentagon to spend U.S. taxpayer funds for a domestic search of “possible Guantanamo detainee relocation” sites, according to documents obtained by the Free Beacon. United States law bars the administration from spending taxpayer money on its effort to move Gitmo inmates onto American soil.

Related reading: Fact sheet on Guantanamo

The disclosure has prompted a congressional inquiry to determine who in the Obama administration ordered the relocation search and how taxpayer funds were authorized for that purpose, according to a formal letter sent by lawmakers to the Defense Department on Monday and obtained by the Free Beacon.

The disclosure of this activity by the Obama administration has renewed concerns on Capitol Hill that the White House will make a last-minute effort to shutter the Gitmo prison and ship the remaining inmates to the United States, despite laws prohibiting the transfers.

Kansas Attorney General Derek Schmidt informed lawmakers in a letter late last month that he had discovered documentation showing the Obama administration spent more than $25,000 to scout potential relocation sites in Fort Leavenworth, Kansas, Charleston, South Carolina, and Florence, Colorado.

Schmidt obtained this information from the Pentagon only after threatening to sue the administration for its refusal to produce documentation on the matter.

“While the amount of money is relatively small—a total of$25,909.53, of which $7,687.20 was spent on the site survey for Fort Leavenworth—the admission raises the concern that the Department of Defense violated the law by knowingly expending these funds while federal law enacted by Congress expressly prohibited the agency from doing so,” Schmidt informed lawmakers in the letter, a copy of which was obtained by the Free Beacon.

The administration’s behavior has raised concerns in Congress that it is secretly planning to relocate detainees to United States cities without informing local officials and residents.

Rep. Mike Pompeo (R., Kansas) told the Free Beacon that Americans should not have the most “hardened terrorists” secretly transferred to their towns by the Obama administration.

“Americans, and particularly Kansans, understand that President Obama’s desire to bring hardened terrorists from Guantanamo Bay to the U.S. would make our country less safe,” Pompeo said. “In completing these site surveys, the Department of Defense followed neither the letter, nor the spirit of American law. I am proud to stand with my colleagues in condemning this illegal action and encouraging all states to pursue appropriate legal action.”

Pompeo, along with fellow Kansas Republican Reps. Lynn Jenkins and Kevin Yoder, are demanding the Pentagon explain its intentions and why it violated U.S. law in its effort to bring Gitmo inmates to America, according to the Monday letter obtained by the Free Beacon.

“Rather than spending zero dollars on site surveys, as mandated by U.S. law, the Department of Defense has spent over $25,000,” the lawmakers wrote. “This is following neither the letter, nor the spirit of the law.”

The lawmakers seek to determine who in the Pentagon authorized the site surveys, when they took place, and how the taxpayer funds were spent, according to the inquiry. The letter also demanded the names of Obama administration officials and outside contractors who participated in the Gitmo relocation sites surveys.

“We stand with our Senate colleagues in condemning this illegal action and encouraging all states to pursue the appropriate legal action in response,” the lawmakers concluded.

Guantanamo Bay inmates who have been released continue to reengage in terrorism. At least two former inmates have participated in terror operations against U.S. forces since January.

The Obama administration continues to pursue an aggressive effort to free as many inmates as possible before leaving office.

****

The Departments of State and Defense, through the offices of the Special Envoys for

Guantanamo Closure, are implementing an engagement strategy for the 35 detainees currently

approved for transfer, focused on engaging with countries that can accept detainees under

conditions that satisfy both our national security requirements (to substantially mitigate the risk

the detainees pose to the United States or U.S. persons or interests) and our humane treatment

standards. In Fiscal Year 2015, the United States transferred 35 detainees from Guantanamo to

ten countries: Afghanistan (4), Estonia (1), Georgia (3), Kazakhstan (5), Morocco (1), Oman

(10), Saudi Arabia (2), Kuwait (1), Slovakia (2), and Uruguay (6). Thus far in Fiscal Year 2016,

the United States has transferred 23 detainees from Guantanamo to nine countries: Mauritania

(1), the United Kingdom (1), the United Arab Emirates (5), Ghana (2), Kuwait (1), Saudi Arabia

(1), Oman (10), Montenegro (1), and Bosnia-Herzegovina (1). The Administration has

commitments from, or is pursuing commitments from, foreign governments that account for the

remaining 35 detainees approved for transfer. Read the closure plan here which was submitted to key members of Congress.

DoJ’s Side Deal to Destroy the Laptops, EmailGate

Posted on October 3, 2016October 3, 2016 by Denise Simon

Note: to destroy ‘both’ laptops. BREAKING from Catherine Herridge: FBI made side deals with 2 HRC associates to “destroy” their laptops after inspecting them.

The full 3 page letter is here.

On Wednesday, September 28, 2016, Director James Comey testified before the House Judiciary Committee at an oversight hearing on the Federal Bureau of Investigation. At the hearing, members of the House Judiciary Committee pressed Director Comey on his recommendation and the Department of Justice’s decision to not prosecute Secretary Clinton for mishandling classified information through private email servers.

Background:
• On July 5, 2016, Director Comey announced that the FBI does not recommend criminal charges against former State Department Secretary Hillary Clinton, even though federal law criminalizes mishandling classified information with “gross negligence.” Following his announcement, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and over 200 members of Congress sent a letter to Director Comey pressing for more information regarding the many questions surrounding his recommendation.

• On July 11, 2016, Chairman Goodlatte and House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah) requested that the Department of Justice open an investigation into whether Secretary Clinton committed perjury and made false statements when testifying under oath before Congress. Contrary to statements she made before the House Select Committee on Benghazi hearing in October 2015, Secretary Clinton sent and received emails that were marked classified at the time; her lawyers did not read each email in her personal account to identify all the work-related messages; she used several different servers and numerous devices to send and receive work-related emails; and she did not provide all of her work-related emails to the Department of Justice.

Hearing Takeaways:
• At the hearing, Director Comey defended the FBI’s conclusion of its investigation into Secretary Clinton, but new information casts serious doubts about whether the decision to not prosecute Hillary Clinton was made impartially.

• For example, Cheryl Mills, chief of staff and counselor to Secretary Clinton at the State Department, was granted immunity for the production of her laptop and was able to be in the room with Secretary Clinton while she was interviewed by the FBI. In all of his years in law enforcement, Director Comey admitted that he had never heard of a potential witness representing a subject of an investigation during an interview with investigators.

• The FBI never considered electronically recording Hillary Clinton’s interview with the FBI despite the fact that the Deputy Attorney General issued a memo to all DOJ components encouraging them to do just that in such situations.

Key Videos:

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) challenges the FBI’s conclusions in the Clinton investigation and presses Director Comey on Congress’ perjury referral and the immunity deals provided to key Clinton advisors:

“Hillary Clinton chose to send and receive Top Secret information over a personal, unsecure computer server housed in her various homes and once reportedly placed in a bathroom closet. These actions, without a doubt, opened these communications to hostile interception by our enemies and those who wish America harm …

“We, as Congress and the American people, are troubled how such gross negligence is not punished, and why there seems to be a different standard for the well-connected.”

Representative Trey Gowdy (R-S.C.), a former federal prosecutor, explains why Secretary Clinton should have been prosecuted:

“Intent is awfully hard to prove. Very rarely do defendants announce ahead of time ‘I intend to commit this crime on this date’ … So you have to prove it by circumstantial evidence. Such as whether or not the person intended to set up an email system outside the State Department; such as whether or not the person knew or should have known that his or her job involved handling classified information; whether or not the person was truthful about using multiple devices….

“The way to prove [intent] is whether or not someone took steps to conceal or destroy what they have done. That is the best evidence you have is that they knew it was wrong, that they lied about it.”

Representative John Ratcliffe (R-Texas) presses Director Comey about why Secretary Clinton was not charged with obstruction of justice:

“I want to make sure the record is clear about the evidence that you did not have [in the investigation]:

The FBI did not have the Clintons’ personal Apple server used for Hillary Clinton’s work emails …
An Apple MacBook laptop and thumb drive that contained Hillary Clinton’s email archives was lost …
Two blackberry devices provided didn’t have SIM cards or SD data cards …
13 Hillary Clinton personal mobile devices were lost, discarded, or destroyed with a hammer …
Various sever backups were deleted over time …
After the State Department, and my colleague Mr. Gowdy here notified Ms. Clinton that her records would be sought by the Benghazi Committee, copies of her emails on laptops of both of her lawyers were wiped clean with BleachBit …
After those emails were subpoenaed, Hillary Clinton’s email archives were also permanently deleted from the Platt River Network with BleachBit …
And also after the subpoena, backups of the Platt River server were manually deleted.

“Collectively this list screams obstruction of justice.”