Clinton Emails and the Saga of "Mishandling Classified Information" - Opinion

Clinton Emails and the Saga of "Mishandling Classified Information"

MPD Opinion Piece

Reference: https://www.law.cornell.edu/uscode/text/18/798

It should be made clear that there are many interpretations of the relevant US Code, most have been determined that "INTENT" is a key aspect to the code, as made VERY CLEAR in section (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—

As an Information Security Professional , over the last months I have been privately asked my opinion on this issue by many colleagues and clients, and i have shared them privately, as I would for anyone who asks. I have decided to publicly disclose my OPINION, based on several requests.

Firstly. I am NOT a lawyer, nor can I fake it. Secondly. This is MY opinion, not a statement of facts, based on my Professional experience as an Information Security, Compliance and Regulatory professional with more than 20 years in this field.

Now, my Opinion. Hilary Clinton, based on the evidence i have seen and heard cited by the FBI Director, there is no evidence that any Law was broken in her use of a Private email server to conduct her Government position. there also is no clear evidence that at the time of the violations, that information in her email system had been "designated" classified. Although, clearly after the fact reviews can indicate that some content SHOULD have been.

Her use of a private email server to conduct these operations, and the Security of said server, was inappropriate, and very likely inadequate in support of her sensitive position in the Government. That however is not a crime, and does not merit WILLFUL intent.

As any CEO/CIO or executive would expect to hire sufficient technical expertise to perform the operations of critical systems, Hilary Clinton likely hired whom she thought would be an adequate administrative staff. And we can not expect that she had a hands on approach to managing this infrastructure, but had appointed competent manager to oversee. This clearly DID NOT happen. Now depending on ones political alignment this could be skewed to reflect willful disregard, but it IS NOT, and clearly the FBI director understands that any positioning that it was would NOT stand up in court as it that similar position has not held up in the Corporate domain regarding hackers.

There have been many comparisons floated by pundits, social media and others as to the linkage to the General Patraeus conviction. I call this a false narrative, as it is CLEAR from the evidence in the Patraeus conviction that he WILFULLY disclosed "designated" classified material to an "unauthorized person".

So that is my professional opinion. Feel free to disagree only after reading it in its entirety, and PLEASE PLEASE.. be civil to each other

mp.