Quietly, this past Friday, January 29, the State Department did release some emails that you are invited to harvest. Here is that link.
Ever wonder where John Kerry has been with regard to Hillary’s emails? After all, he heads the State Department that is tasked with sorting, reviewing, classifying and posting Hillary’s emails? Ever wonder when and if they are going to search personal property including homes for printed material? In fairness, the intelligence community and the FBI assigned this expensive task of Hillary’s emails and server (the whole expense of which she should personally pay for) is quite concerned to determine all the compromised conditions by foreign espionage and intelligence operations. Further, another area for real concern, is the Clinton Global Foundation which appears to be in full violation of IRS ‘foundation’ law a matter that will require a separate huge investigation, that is IF the IRS well….heh would even cooperate legitimately.
Then there is Sidney Blumenthal and those emails.
State Dept. Records Show John Kerry Sent Hillary A ‘SECRET’ Email From His iPad
Ross/DailyCaller: Emails released by the State Department on Friday show that in 2011, then-Massachusetts Sen. John Kerry sent then-Sec. of State Hillary Clinton an email from his iPad that has been deemed to contain information classified as “Secret.”While previous releases of Clinton’s emails have shown that she and her staff communicated directly with Kerry when he was a senator, the new email is the first from Kerry that the State Department has determined contains sensitive information.
Kerry has largely been silent throughout the Clinton email controversy. He has sent letters asking the State Department’s inspector general to review the agency’s records keeping practices, but he has not publicly criticized Clinton for exclusively using a personal email account and a home-brew email server.
Perhaps now we know why.
In the heavily-redacted email, dated May 19, 2011, Kerry, who then chaired the Senate Foreign Relations Committee, appears to be discussing negotiations between India and Pakistan. Besides Clinton, the email was sent to Tom Donilon, who then served as President Obama’s National Security Advisor.
Clinton forwarded the email to an aide, instructing her to “Pls print” the document.
The redactions in the email are listed under the Freedom of Information Act exemptions 1.4(b) and 1.4(d), which are categories reserved for information gleaned from foreign government sources.
The kicker is that Kerry sent Clinton the information from his iPad, a communications device that would have been much more vulnerable to hackers than an encrypted communications system.
According to the Republican National Committee, which flagged the Kerry email in an email to reporters, the batch of Clinton records released on Friday contained 11 emails that the State Department now says contain “Secret” information. That’s more than double the number of emails that contained similarly classified information released in all of the previous releases combined.
According to the RNC’s calculations, 243 emails released Friday were classified at some level, bringing the overall number of classified Clinton emails to 1,583. The State Department also announced Friday that it is withholding in full and into perpetuity 22 emails that contain “Top Secret” information — the highest classification category.
The State Department says it is uncertain whether the information in those emails was classified at the time they were originated. The Intelligence Community’s inspector general has said that two separate Clinton emails were contained information that was “Top Secret” when sent. That distinction is crucial because Clinton has maintained that none of the classified emails found on her server were classified when created.
As Clinton’s successor at the State Department, Kerry has overseen the release of the work-related emails that the Democratic presidential candidate handed over in Dec. 2014. But the Democrat and his agency have been criticized by many for appearing to side with Clinton in a battle with the intelligence community over the classification status of many of her emails.
During a press conference in Canada on Friday, Kerry declined to comment on the news that the State Department was acknowledging that 22 of Clinton’s emails contain “Top Secret” information.
“I can’t speak to the specifics of anything with respect to the technicalities, the contents … because that’s not our job,” he said, according to Reuters. “We don’t know about it, it’s in other hands.”
He was not asked about his sensitive communications with Clinton.
Another question Kerry hasn’t answered is why, since he knew that Clinton used a personal email account while at the State Department, he failed to demand that she turn her emails over to the State Department until autumn 2014 after agency lawyers uncovered Clinton’s email address while reviewing documents related to the House Select Committee on Benghazi’s investigation.
It is unclear if Kerry knew about Clinton’s use of a private server, though other high-ranking State Department officials likely did. Emails obtained by The Daily Caller earlier this month show that Patrick Kennedy, the under secretary of management, was on an email chain in which Clinton’s server was being discussed.
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It is quite likely that Barack Obama will apply ‘executive privilege’ to both Hillary Clinton and John Kerry. It can be challenged in court as was the case for the Fast and Furious documents and Eric Holder. This month, however a judge did rule that those Fast and Furious documents must be turned over the Congress.
When it comes to the definition of ‘executive privilege’ here is a short summary:
So what is executive privilege?
The president can invoke executive privilege in order to withhold some internal executive branch communications from the other branches of government. The privilege is based on the separation of powers between the branches.
Executive privilege has been invoked since the U.S.’s early days but isn’t in the Constitution. It was only in 1974, when Richard Nixon tried to prevent the release of White House tapes during the Watergate investigation, that the Supreme Court upheld its constitutionality, and set some parameters for it. The Court ruled that no claim on executive privilege is absolute, and can also be overcome if evidence is needed in a criminal trial. (For a full legal history, see this report from the Congressional Research Service.)
So what does it usually cover?
Various administrations have set their own policies as to when they can invoke the privilege. (The Washington Post has a handy timeline showing when presidents have used it.)
Bill Clinton used them a lot, 14 times during his presidency. In 1998, his attempt to keep White House aides from testifying about the Monica Lewinsky scandal was struck down, the first time since Nixon that executive privilege was overruled in court. George W. Bush invoked the privilege six times, not always successfully.
Legal challenges have established two general categories of executive privilege: presidential communications and deliberative process.
The presidential communications privilege applies to communications involving the president or his staff that immediately pertain to the president’s decision-making process. The idea, according to Mark Rozell, a professor at George Mason University, and author of a book on executive privilege, is that “the president should have the right to candid advice without fear of public disclosure.”
Deliberative process involves a broader scope of executive branch activity: discussions involving White House staff or within other agencies on legal or policy decisions that don’t necessarily involve the president or his immediate advisers. Again, the argument is that government officials need to feel like they can talk honestly. The deliberative process privilege, Rozell says, is generally easier to challenge than a claim of presidential communications privilege.
