Hillary’s Potential Email Felonies

While Hillary Clinton likes to appear unconcerned about her email scandal, her actions have the potential to invite serious Federal issues.

For example, when Hillary accepted donations to her Foundation she may have violated Title 18 § 201. Section (b) clearly states “Whoever -- (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts or agrees to receive or accept anything of value personally or for any other person or entity, in return for: (A) being influenced in the performance of any official act; (B) being influenced to aid in committing, or to collude in, or allow, any fraud, or make opportunity of any fraud, on the United States”…  The contents of the Clinton private server have yet to be fully investigated. However, if Hillary made any contact with any foreign agent or officer, such as booking speeches by Bill Clinton, she committed a Federal felony.

The FBI seem to be looking into the connections between her Charitable Foundation and her actions as Secretary of State.

And when she “allowed” Russia to control 20% of Canadian uranium in return for donations to the entity of her foundation, even indirectly, she violated §201. The penalty for each offense is to be fined or imprisoned for two years or both.

When she placed classified information on her personal server she may have violated USC 18 §798; Disclosure of classified information:

(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 --

(3) concerning the communication intelligence activities of the United States or any foreign government;

(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes…”

Note that just making this information available -- to hackers -- or using it in a manner prejudicial to safety, is a Federal crime. “Shall be fined under this title or imprisoned not more than ten years, or both. “The term “classified information’ means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution…” Romanian hacker Guccifer claims to have hacked into her server and has struck a plea bargain with federal prosecutors.

The existence of this server, with her approval, is itself a violation of federal law, since it was kept in an insecure manner. There are no excuses, the prosecutors won’t have to prove anything was done intentionally. For Hillary to employ a private internet tech to set up this server was itself a federal felony since it could not have been secure. Particularly since she was given a secure .gov email address and knew she had to use it exclusively for work product. High school freshmen today are instructed to submit all their homework to a very specific website maintained by their high school.

§832. Participation in nuclear and weapons of mass destruction threats to the United States

(a) “Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.”

Hillary worked, through her private server and Clinton Foundation, to aid Russia in gaining access to uranium.

§1001. Statements or entries generally:

(a) “Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry…”

§1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title….”

When Hillary said her emails only concerned yoga classes and her daughter’s wedding plans she was making fictitious statements, misrepresented the nature of the emails, and fraudulently described the nature of the emails in order to avoid investigation. She also erased over 30,000 emails. Some of those recovered contained classified information.

§2071. Concealment, removal, or mutilation generally

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States…”

§2232. (a)

(a) Destruction or Removal of Property To Prevent Seizure.—Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both..

(b) “Impairment of In Rem Jurisdiction.—Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court's continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.”

Hillary knew her emails were being investigated and intentionally acted to obstruct the investigation.

If not for the efforts of Judge Rudolph Contreras to order the State Department to release emails, Hillary would have continued to destroy them and delay the investigation.

An interesting side note is that Hillary went to Maine South high school in Park Ridge, IL, a suburb that borders Chicago. The FBI agent who sold more secrets to Russia than any agent in history, Robert Hanssen, grew up two miles from her and went to nearby Taft High School in Chicago.

While Hillary Clinton likes to appear unconcerned about her email scandal, her actions have the potential to invite serious Federal issues.

For example, when Hillary accepted donations to her Foundation she may have violated Title 18 § 201. Section (b) clearly states “Whoever -- (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts or agrees to receive or accept anything of value personally or for any other person or entity, in return for: (A) being influenced in the performance of any official act; (B) being influenced to aid in committing, or to collude in, or allow, any fraud, or make opportunity of any fraud, on the United States”…  The contents of the Clinton private server have yet to be fully investigated. However, if Hillary made any contact with any foreign agent or officer, such as booking speeches by Bill Clinton, she committed a Federal felony.

The FBI seem to be looking into the connections between her Charitable Foundation and her actions as Secretary of State.

And when she “allowed” Russia to control 20% of Canadian uranium in return for donations to the entity of her foundation, even indirectly, she violated §201. The penalty for each offense is to be fined or imprisoned for two years or both.

When she placed classified information on her personal server she may have violated USC 18 §798; Disclosure of classified information:

(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 --

(3) concerning the communication intelligence activities of the United States or any foreign government;

(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes…”

Note that just making this information available -- to hackers -- or using it in a manner prejudicial to safety, is a Federal crime. “Shall be fined under this title or imprisoned not more than ten years, or both. “The term “classified information’ means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution…” Romanian hacker Guccifer claims to have hacked into her server and has struck a plea bargain with federal prosecutors.

The existence of this server, with her approval, is itself a violation of federal law, since it was kept in an insecure manner. There are no excuses, the prosecutors won’t have to prove anything was done intentionally. For Hillary to employ a private internet tech to set up this server was itself a federal felony since it could not have been secure. Particularly since she was given a secure .gov email address and knew she had to use it exclusively for work product. High school freshmen today are instructed to submit all their homework to a very specific website maintained by their high school.

§832. Participation in nuclear and weapons of mass destruction threats to the United States

(a) “Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.”

Hillary worked, through her private server and Clinton Foundation, to aid Russia in gaining access to uranium.

§1001. Statements or entries generally:

(a) “Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry…”

§1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title….”

When Hillary said her emails only concerned yoga classes and her daughter’s wedding plans she was making fictitious statements, misrepresented the nature of the emails, and fraudulently described the nature of the emails in order to avoid investigation. She also erased over 30,000 emails. Some of those recovered contained classified information.

§2071. Concealment, removal, or mutilation generally

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States…”

§2232. (a)

(a) Destruction or Removal of Property To Prevent Seizure.—Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both..

(b) “Impairment of In Rem Jurisdiction.—Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court's continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.”

Hillary knew her emails were being investigated and intentionally acted to obstruct the investigation.

If not for the efforts of Judge Rudolph Contreras to order the State Department to release emails, Hillary would have continued to destroy them and delay the investigation.

An interesting side note is that Hillary went to Maine South high school in Park Ridge, IL, a suburb that borders Chicago. The FBI agent who sold more secrets to Russia than any agent in history, Robert Hanssen, grew up two miles from her and went to nearby Taft High School in Chicago.