FBI Rewrites Federal Law to Let Hillary Off the Hook

FBI Rewrites Federal Law to Let Hillary Off the Hook

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services. Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States. In essence, in order to give Mrs. Clinton a pass, the FBI rewrote the statute, inserting an intent element that Congress did not require. The added intent element, moreover, makes no sense: The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence. Read more here from National Review, Andrew McCarthy

Does Comey, Director of the FBI really have all the evidence to recommend no prosecution?

Clinton-related State Dept. records delays are mounting up

WASHINGTON (AP) — Just five months before the presidential election, the State Department is under fire in courtrooms over its delays in turning over government files related to Hillary Clinton’s tenure as secretary of state.

In one case, the agency warned it needed a 27-month delay, until October 2018, to turn over emails from Clinton’s former aides, and the judge in another case, a lawsuit by The Associated Press, wondered aloud whether the State Department might be deliberately delaying until after the election.

“We’re now reaching a point where there’s mounting frustration that this is a project where the State Department may be running out the clock,” said U.S. District Court Judge Richard J. Leon. The judge said he was considering imposing penalties on the agency if it failed to meet the next set of deadlines he orders. Leon wondered aloud at one point whether he might impose penalties for again failing to deliver records on time. He mused about “a fine on a daily basis” or “incarceration.”

“I can’t send the marshals, obviously, out to bring in the documents, at least they wouldn’t know where to go, probably,” Leon said.

Secretary of State John Kerry and other officials have said they are committed to public transparency, vowing that the State Department will improve its practices under the U.S. Freedom of Information Act. Last year, after an inspector general’s audit harshly critical of the agency, Kerry appointed a “transparency coordinator,” Janice Jacobs, and said the agency would “fundamentally improve our ability to respond to requests for our records.”

But in three separate court hearings last week, officials acknowledged that their records searches were hobbled by errors and new delays and said they need far more time to produce Clinton records. In other cases where the agency has already reached legal agreements with news organizations and political groups, the final delivery of thousands of records will not come until months after the November election — far too late to give voters an opportunity to analyze the performance of Clinton and her aides.

State Department spokesman John Kirby blamed the spiraling delays on mounting requests for more files. “These requests are also frequently more complex, and increasingly seeking larger volumes of documents requiring more time, more resources and frankly, more interagency coordination,” Kirby said.

The State Department said in court that it had miscalculated the amount of material it expected to process as part of a public records lawsuit from Citizens United, a conservative interest group. In basic searches of 14,000 pages of records, officials failed to include the “to” and “from” lines of the messages, missing many possible records.

“These delay tactics by the Obama administration look like nothing more than an assist to former Secretary Clinton,” said the group’s president, David Bossie.

The AP had better luck asking for files about the role Clinton or her aides played in a 2011 decision allowing the British defense contractor BAE Systems plc to avoid being barred from government work and instead pay a $79 million fine. The AP received some records, but last week, the judge said he will likely order the State Department to turn over remaining files in September instead of mid-October, as the agency proposed.

Government lawyers said they need to review thousands of pages and allow the files to be examined by BAE’s lawyers in case the company identifies proprietary material that would need to be censored.

“I’m not going to set them for October, two weeks before the election, that’s ridiculous,” Leon said.

In a third court case, the Gawker.com news site was told by State Department lawyers last week that the agency had failed to provide at least 100 email attachments from Philippe Reines, a Clinton aide who used a private account to send work-related messages. Gawker and the agency agreed that the State Department would turn over the missing material by September.

Also last week, during another legal proceeding involving Huma Abedin, Clinton’s closest aide and her former deputy chief of staff, Abedin said she “was never asked to search my emails for anything related to FOIA when I was at State.”

Logs of requests showed that Abedin’s emails had been sought at the time by reporters for Gawker, Huffington Post and other organizations.

Kirby told the AP that he could not comment on whether Abedin’s files were properly searched during Clinton’s tenure. But he added that “we have acknowledged that historically we did not have a consistent practice for searching emails in the Office of the Secretary.”

FBI: Hillary is Above the Law

FBI Director, James Comey laid out the facts and it is beyond debate that Hillary and her team are official members of the Bill Ayers of guilty but nothing to see here club. The nation of laws is but a distant memory. Comey laid out gross negligence and careless but is not recommending prosecution.

When Loretta Lynch said she would accept the FBI’s and prosecutor’s recommendation, the formal plan was already in play. What say you?

SHE SHOULD LOSE HER SECURITY CLEARANCE FOREVER, but judge for yourself.

Comey’s official statement:

Washington, D.C. July 05, 2016
  • FBI National Press Office (202) 324-3691

Remarks prepared for delivery at press briefing.

Good morning. I’m here to give you an update on the FBI’s investigation of Secretary Clinton’s use of a personal e-mail system during her time as Secretary of State.

After a tremendous amount of work over the last year, the FBI is completing its investigation and referring the case to the Department of Justice for a prosecutive decision. What I would like to do today is tell you three things: what we did; what we found; and what we are recommending to the Department of Justice.

This will be an unusual statement in at least a couple ways. First, I am going to include more detail about our process than I ordinarily would, because I think the American people deserve those details in a case of intense public interest. Second, I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say.

I want to start by thanking the FBI employees who did remarkable work in this case. Once you have a better sense of how much we have done, you will understand why I am so grateful and proud of their efforts.

So, first, what we have done:

The investigation began as a referral from the Intelligence Community Inspector General in connection with Secretary Clinton’s use of a personal e-mail server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system.

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

Consistent with our counterintelligence responsibilities, we have also investigated to determine whether there is evidence of computer intrusion in connection with the personal e-mail server by any foreign power, or other hostile actors.

I have so far used the singular term, “e-mail server,” in describing the referral that began our investigation. It turns out to have been more complicated than that. Secretary Clinton used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send e-mail on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways. Piecing all of that back together—to gain as full an understanding as possible of the ways in which personal e-mail was used for government work—has been a painstaking undertaking, requiring thousands of hours of effort.

For example, when one of Secretary Clinton’s original personal servers was decommissioned in 2013, the e-mail software was removed. Doing that didn’t remove the e-mail content, but it was like removing the frame from a huge finished jigsaw puzzle and dumping the pieces on the floor. The effect was that millions of e-mail fragments end up unsorted in the server’s unused—or “slack”—space. We searched through all of it to see what was there, and what parts of the puzzle could be put back together.

FBI investigators have also read all of the approximately 30,000 e-mails provided by Secretary Clinton to the State Department in December 2014. Where an e-mail was assessed as possibly containing classified information, the FBI referred the e-mail to any U.S. government agency that was a likely “owner” of information in the e-mail, so that agency could make a determination as to whether the e-mail contained classified information at the time it was sent or received, or whether there was reason to classify the e-mail now, even if its content was not classified at the time it was sent (that is the process sometimes referred to as “up-classifying”).

From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent.

The FBI also discovered several thousand work-related e-mails that were not in the group of 30,000 that were returned by Secretary Clinton to State in 2014. We found those additional e-mails in a variety of ways. Some had been deleted over the years and we found traces of them on devices that supported or were connected to the private e-mail domain. Others we found by reviewing the archived government e-mail accounts of people who had been government employees at the same time as Secretary Clinton, including high-ranking officials at other agencies, people with whom a Secretary of State might naturally correspond.

This helped us recover work-related e-mails that were not among the 30,000 produced to State. Still others we recovered from the laborious review of the millions of e-mail fragments dumped into the slack space of the server decommissioned in 2013.

With respect to the thousands of e-mails we found that were not among those produced to State, agencies have concluded that three of those were classified at the time they were sent or received, one at the Secret level and two at the Confidential level. There were no additional Top Secret e-mails found. Finally, none of those we found have since been “up-classified.”

I should add here that we found no evidence that any of the additional work-related e-mails were intentionally deleted in an effort to conceal them. Our assessment is that, like many e-mail users, Secretary Clinton periodically deleted e-mails or e-mails were purged from the system when devices were changed. Because she was not using a government account—or even a commercial account like Gmail—there was no archiving at all of her e-mails, so it is not surprising that we discovered e-mails that were not on Secretary Clinton’s system in 2014, when she produced the 30,000 e-mails to the State Department.

It could also be that some of the additional work-related e-mails we recovered were among those deleted as “personal” by Secretary Clinton’s lawyers when they reviewed and sorted her e-mails for production in 2014.

The lawyers doing the sorting for Secretary Clinton in 2014 did not individually read the content of all of her e-mails, as we did for those available to us; instead, they relied on header information and used search terms to try to find all work-related e-mails among the reportedly more than 60,000 total e-mails remaining on Secretary Clinton’s personal system in 2014. It is highly likely their search terms missed some work-related e-mails, and that we later found them, for example, in the mailboxes of other officials or in the slack space of a server.

It is also likely that there are other work-related e-mails that they did not produce to State and that we did not find elsewhere, and that are now gone because they deleted all e-mails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery.

We have conducted interviews and done technical examination to attempt to understand how that sorting was done by her attorneys. Although we do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.

And, of course, in addition to our technical work, we interviewed many people, from those involved in setting up and maintaining the various iterations of Secretary Clinton’s personal server, to staff members with whom she corresponded on e-mail, to those involved in the e-mail production to State, and finally, Secretary Clinton herself.

Last, we have done extensive work to understand what indications there might be of compromise by hostile actors in connection with the personal e-mail operation.

That’s what we have done. Now let me tell you what we found:

Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.

For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails).

None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.

Separately, it is important to say something about the marking of classified information. Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.

While not the focus of our investigation, we also developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government.

With respect to potential computer intrusion by hostile actors, we did not find direct evidence that Secretary Clinton’s personal e-mail domain, in its various configurations since 2009, was successfully hacked. But, given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.

So that’s what we found. Finally, with respect to our recommendation to the Department of Justice:

In our system, the prosecutors make the decisions about whether charges are appropriate based on evidence the FBI has helped collect. Although we don’t normally make public our recommendations to the prosecutors, we frequently make recommendations and engage in productive conversations with prosecutors about what resolution may be appropriate, given the evidence. In this case, given the importance of the matter, I think unusual transparency is in order.

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.

As a result, although the Department of Justice makes final decisions on matters like this, we are expressing to Justice our view that no charges are appropriate in this case.

I know there will be intense public debate in the wake of this recommendation, as there was throughout this investigation. What I can assure the American people is that this investigation was done competently, honestly, and independently. No outside influence of any kind was brought to bear.

I know there were many opinions expressed by people who were not part of the investigation—including people in government—but none of that mattered to us. Opinions are irrelevant, and they were all uninformed by insight into our investigation, because we did the investigation the right way. Only facts matter, and the FBI found them here in an entirely apolitical and professional way. I couldn’t be prouder to be part of this organization.

WikiLeaks Publishes Hillary Emails on Iraq

Access to the WikiLeaks file on Hillary’s emails is here.

Wikileaks publishes Clinton war emails

TheHill: WikiLeaks on Monday published more than 1,000 emails from Hillary Clinton during her time as secretary of State about the Iraq War.

The website tweeted a link to 1,258 emails that Clinton, now the presumptive Democratic presidential nominee sent and received. They stem from a trove of emails released by State Department in February.

WikiLeaks combed through the emails to find all the messages that reference the Iraq War.

The development comes after WikiLeaks founder Julian Assange said last month the website had gathered “enough evidence” for the FBI to indict Clinton.

“We could proceed to an indictment, but if Loretta Lynch is the head of the [Department of Justice] in the United States, she’s not going to indict Hillary Clinton,” Assange told London-based ITV. “That’s not possible that could happen.”

***** While many of the emails sent to Hillary are articles from major global media outlets, there are others noted with personnel issues and Sidney Blumenthal was still her intelligence confidant.

A sample is here:

THE BIGGER STORY HERE IS THE INTERNAL REVOLT AGAINST MCCHRYSTAL. SID

Hillary, Greece Bailout, Son in Law

  

Clinton Son-in-Law’s Firm Is Said to Close Greece Hedge Fund

Clinton sought secret info on EU bailout plans as son-in-law’s doomed hedge fund gambled on Greece

FNC: Hedge fund manager Marc Mezvinsky had friends in high places when he bet big on a Greek economic recovery, but even the keen interest of his mother-in-law, then-Secretary of State Hillary Clinton, wasn’t enough to spare him and his investors from financial tragedy.

In 2012, Mezvinski, the husband of Chelsea Clinton, created a $325 million basket of offshore funds under the Eaglevale Partners banner through a special arrangement with investment bank Goldman Sachs. The funds have lost tens of millions of dollars predicting that bailouts of the Greek banking system would pump up the value of the country’s distressed bonds. One fund, exclusively dedicated to Greek debt, suffered near-total losses.

Clinton stepped down as secretary of state in 2013 to run for president. But newly released emails from 2012 show that she and Clinton Foundation consultant, Sidney Blumenthal, shared classified information about how German leadership viewed the prospects for a Greek bailout. Clinton also shared “protected” State Department information about Greek bonds with her husband at the same time that her son-in-law aimed his hedge fund at Greece.

That America’s top diplomat kept a sharp eye on intelligence assessing the chances of a bailout of the Greek central bank is not a problem. However, sharing such sensitive information with friends and family would have been highly improper. Federal regulations prohibit the use of nonpublic information to further private interests or the interests of others. The mere perception of a conflict of interest is unacceptable.

Through its press representative, Eaglevale declined to comment for this story. Clinton’s campaign press office did not respond to a request for comment.

A former Goldman Sachs broker himself, Mezvinsky formed Eaglevale Management with two ex-Goldman Sachs partners in October 2011. As a “global macro” firm, Eaglevale’s strategy is to seek profit opportunities in politically volatile situations. Mezvinsky set up several funds in the Cayman Islands, a secretive tax haven, with Goldman Sachs serving as Eaglevale’s prime broker and banker. The giant brokerage firm has a checkered history of manipulating the value of Greek debt to the detriment of Greece.

The same month that Eaglevale incorporated its offshore arm, Gary Gensler, the head of the United States Commodity Futures Trading Commission, which polices hedge funds, emailed Clinton that a bailout by the European Central Bank could “turn market sentiment” in favor of Greek bonds.

Gensler had previously worked as co-head of finance at Goldman Sachs; he is now the financial director of Clinton’s election campaign. Goldman Sachs has donated up to $5 million to the Clinton Foundation and $860,000 to Hillary Clinton’s political campaigns. Shortly after Clinton resigned, Goldman Sachs paid her $675,000 in speaking fees.

Clinton’s deputy in charge of economic policy was Robert Hormats, a former vice chairman of Goldman Sachs. Hormats and Clinton shared an extensive email trail about the possibility of bailing out Greece, including classified materials, and internal state department memos about the debt from the U.S. ambassador to Greece.

Again, monitoring Greece was part of Clinton’s job description, but, ethically, that does not mean that a family member should make bets that depend upon the actions of another family member—leaving aside the question of whether “insider” information was divulged to Mezvinsky by Blumenthal or his parents-in-law.

During 2011, Secretary of State Clinton lobbied the leaders of European governments to bail out the Greek financial system. She advocated imposing austerity measures on Greece—raising taxes, cutting public employee salaries and eliminating social welfare programs—to make the investors holding the debt happy.

Driven by investor’s belief that Greece would be bailed out, the speculative value of its debt climbed into the stratosphere in late 2011 and early 2012. The bonds gradually sank to 2008 levels by the end of the year, with temporary spikes, as investors alternately gained and loss confidence in the prospect of a bailout. In other words, there were multiple opportunities for Greek-bond hedge funds to buy cheap and sell dear.

At a February 2012 summit meeting about the Eurozone debt crisis in Munich, Clinton urged leaders of the European Union to commit to a Greek bailout.

In April, Eaglevale booked $19 million from a dozen investors. California’s public employee pension fund, CalPERS, reportedly invested $13 million. Goldman Sach’s CEO, Lloyd Blankfein, jumped in with his own money, as did Chelsea Clinton’s former boss, Marc Lasry, who specializes in buying distressed debt.

In May, Blumenthal, emailed two “confidential” memos about the Greek debt situation to Clinton. Hormats was included in the email loop.

The first memo, Blumenthal told Clinton, is “based on conversations with German Finance Minister Wolfgang Schauble and those close to him … the information comes from an extremely sensitive source and should be handled with care. This information must not be shared with anyone associated with the German government.”

The unnamed spy reported that in secret meetings with German Chancellor Angela Merkel, Schauble had searched for a politically acceptable way to bail out the Greek debt in order to avoid collapsing the economies of Greece, Italy, Spain and Ireland.

The second memo was classified and blacked out by State Department censors when Clinton’s emails were released. No doubt, it was informative.

In June, Clinton’s deputy, Jake Sullivan emailed her “a depressing snapshot” of reports that Greek banks were failing and that Merkel was against a Greek bailout. The next day, he reported “re: Greece” that Ambassador Dan Smith “just spoke to the Central Bank Governor and assessed that the economic situation was “ok for now” provided that “small depositors put money back into the banks.”

A few days later, Clinton asked Sullivan for a confidential state department report, “Solidarity Bonds Greece Revised.” He sent it to her adding, “If you like, send it on [to] WJC,” presumably a reference to William Jefferson Clinton.

Clinton ordered an aide, “Pls print two copies” of the Greek bond report. The report was blacked out as a “protected” document when the emails were made public.

Did Mezvinsky benefit from his family connection?

The emails show that Clinton did at least one official favor for her son-in-law. In August 2012, she forwarded Deputy Secretary Thomas Nides an email from Mezvinsky lobbying on behalf of his former Goldman Sachs colleague, Harry Siklas.

Siklas and Goldman Sachs were invested in a deep sea mining venture called Neptune Minerals. Siklas asked Mezvinsky to broker a talk with Clinton about “current legal issues and regulations” on deep sea mining. Clinton ordered Nides to “follow up on this request.”

Nides replied, “I’ll get on it.”

Save the Iran Deal: Navy Sailors Kidnapped by Iran

Navy commander surrendered to Iran to protect Obama’s nuclear deal

WashingtonTimes: The Navy commander in charge of a pair of patrol boats captured by Iranian forces in January opted to surrender rather than fight back, citing later fears that a confrontation could endanger the Obama administration’s efforts to lock in a deal with Tehran on its nuclear program.

     

In an interview with investigators looking into the January incident, the commander said he surrendered the vessels after calculating that his sailors would not be in danger because Iran “wants this nuke deal to go through.”

The interview was one of several stunning revelations in the often scathing 170-page report compiled by Navy investigators, chronicling the chain of events that led to the apprehension and detention of the 10 American sailors by the Iranian military after a pair of U.S. patrol boats drifted into the country’s sovereign waters in the Persian Gulf.

The incident, which played out as President Obama was preparing his State of the Union address, proved deeply embarrassing to the U.S. military and roiled diplomatic relations between Tehran and Washington as they were trying to implement key measures in the deal to curb Iran’s suspect nuclear programs.

Adm. John Richardson, chief of naval operations, said Thursday that the mishandling of the incident resulted from “the accumulation of a number of small problems” created by the U.S. sailors who strayed into Iranian waters all the way up to the senior commanders who led the Navy squadron and task force under which the unit served.

While contending Iran also violated international law with rough handling of its American captives, “this incident did not live up to our expectations of our Navy,” Adm. Richardson said.

Nine Navy officers have been fired for their involvement in the incident, in which the two Navy patrol boats, running late on their assigned mission, drifted into the costal waters near Farsi Island, home to an Iranian naval base.

The Navy officers fired included squadron chief Cmdr. Greg Meyer and Capt. Kyle Moses, head of Combined Task Force 56, the unit in charge of the boat crews.

Heavily outgunned and outnumbered by members of Iran’s Revolutionary Guard Corps, the Navy commander — whose name was redacted from the report — told investigators he calculated that Tehran’s desire to keep the nuclear deal with the U.S. alive would also protect the 10 American sailors if they surrendered.

 

“I didn’t want to start a war with Iran. … I didn’t want to start a war that would get people killed,” the commander said.

“I guess this was a gamble on my part. … I made the gamble that they were not going to kill us. I made the gamble they were not going to parade us around like prisoners of war because they want this nuke deal to go through.”

Mr. Obama, the unidentified commander said, would not want me to start a war over a mistake, over a misunderstanding.”

‘Adverse to U.S. interests’

The partially redacted report was also critical of the behavior of the U.S. sailors once in Iranian custody.

One sailor reportedly made “statements adverse to U.S. interests” during interrogation. As the Iranians videotaped their captives for later display on state television, another sailor encouraged the U.S. crew members to accept food offered to them.

One unidentified sailor was said to have violated the code of conduct standards when he “acquiesced” in making an Iranian-scripted statement on camera in exchange for the crew’s release.

“It was a mistake that was our fault and we apologize for our mistake,” a U.S. sailor, identified as the commander of one of the patrol boats, said during the videotaped apology. “It was a misunderstanding. We did not mean to go into Iranian territorial water. The Iranian behavior was fantastic while we were here. We thank you very much for your hospitality and your assistance.”

In the end, after frantic diplomacy that included Secretary of State John F. Kerry and Iranian counterpart Mohammad Javad Zarif, the American sailors were released unharmed after 15 hours.

 

While the Navy, Pentagon and White House maintain that the apprehension and detention of the U.S. sailors were unjustified, the incident as it played out exposed top-to-bottom failures within the Navy’s chain of command, Adm. Richardson told reporters Thursday.

Navy leaders are also weighing whether to fire several other sailors and officers tied to the January incident, including members of the boat crews who reportedly broke code of conduct rules, said Vice Adm. Chris Aquilino, deputy for operations, plans and strategy.

The ongoing inquiries into the code of conduct violations are centered on a public apology given by one of the detained sailors, which was televised by Iranian state news outlets.

Other U.S. sailors reportedly disclosed technical information about the patrol boats to Iranian interrogators, and one sailor handed over the password to a personal laptop confiscated by Iranian forces.

Aside from further disciplinary action against the sailors involved, Navy leaders have mandated that all sailors undergo survival, evasion, resistance and escape training to better prepare for rigors of imprisonment by enemy forces, Adm. Richardson said.

 

The investigation revealed details over how the U.S. seamen unwittingly found themselves in hostile hands. From the beginning, mistakes by the boat crews, squadron commanders and task force leaders set the stage for the embarrassing incident, Navy officials said.

The two patrol boats — dubbed “Demon Lead” and “Demon Two” — set off for their mission to travel from the U.S. naval base in Kuwait to 5th Fleet headquarters in Bahrain four hours behind schedule, according to a timeline of events compiled by Navy investigators.

In an attempt to make up for lost time, commanders on both patrol boats plotted a different course without notifying task force commanders.

The boat crews did radio in their location to the task force’s operation center every 30 minutes, which is Navy protocol for such operations. However, even though sailors and Navy officers manning the operation center were aware that both boats were taking a different route, no one from the center notified senior staff that the boats were off course near sensitive Iranian territorial waters.

The last-minute change to the travel route skirted Iranian waters, but the plotted course did not traverse directly through those areas. During the voyage, one of the boats sustained a catastrophic engine failure, leaving the vessel listing in quickly moving seas, according to the Navy’s account.

The second boat stopped to help the crew of the distressed boat when two Iranian-flagged armed patrol boats approached the U.S. ships and brought them to port.

“There were no good choices” for the crews after that, Adm. Richardson said.

Senate Armed Service Committee Chairman John McCain, Arizona Republican, said in a statement Thursday that the investigation should focus on Iran’s “flagrant violations of international law” in seizing and holding the U.S. sailors, and on the failure of the Obama administration to take a tough line with Tehran.

“Five months later, the administration has shamefully failed to retract its craven statements of gratitude and praise for Iran’s illegal behavior,” Mr. McCain said.

Rep. Adam Smith of Washington state, the ranking Democrat on the House Foreign Affairs Committee, criticized Iran but said the Navy was right to review its own performance and systems.

“It can be easy to point fingers, but military operations are complex and dangerous, and things do go wrong,” Mr. Smith said in a statement. “When that happens, you have to take the proper corrective actions and learn the appropriate lessons.”