Special Access Program (SAP)

February 25, 2019 – DOJ prevented the FBI from pursuing gross negligence charges against Clinton

“The DOJ required the FBI to establish evidence of intent in regards to Clinton—even though the gross negligence statute explicitly does not require this.

This meant that the FBI would have needed to find a smoking gun, such as an email or an admission from Clinton.

The word “intent” drove the entirety of the FBI’s investigation.

Anderson viewed intent as “an email that the Secretary sent saying, I set up this server for the purpose of sending unclassified information for my convenience, even though I know it’s not a secure system.”

According to House Majority Counsel at the time of Priestap’s interview, the State Department had identified 22 top-secret emails and 1,300 classified emails on Clinton’s email server.

Included within Clinton’s emails was “classified information up to the Special Access Program level.”

The classification level of SAPs is so high that Anderson refused to define her understanding of SAPs in the unclassified interview setting before congressional investigators

An email sent from an unknown individual in the FBI general counsel’s office to Priestap’s former boss, Michael Steinbach, contained a chart of available statutes for prosecuting Clinton.

Gross Negligence was specifically excluded.

Lisa Page appeared to indicate during her testimony that because of the DOJ’s position, there was no reason for the FBI to even pursue evidence related to the specific statute of gross negligence.

Under Anderson’s understanding of the DOJ’s standard, the extreme volume of emails was not a factor, nor was the classification level of the emails, as long as those being investigated were able to say they simply didn’t know any documents were actually classified.

Despite this, not everyone within the FBI agreed w/the DOJ.

FBI General Counsel James Baker:

“I thought these folks should know that this stuff is classified, that it was alarming what they were talking about, especially some of the most highly classified stuff.”

Page, Baker, and Anderson all testified that the gross negligence statute was rarely, if ever used, as part of their explanation for the DOJ’s unwillingness to pursue, but this logic was repeatedly challenged by then-majority House counsel Breitenbach.

Breitenbach:

“If part of that rationale was that it had never been used, then, by extension, one might presume that other statutes that are on the books, if they aren’t being used, should not be ever considered as predication for a prosecution.”

Anderson, the #2 lawyer at the FBI, was asked about her understanding of the difference between gross negligence and extreme carelessness.

Anderson answered that she didn’t “know exactly what the precise difference is between extremely careless and gross negligence.”

Which begs the question of why Anderson, among others, felt compelled to push Comey to change the language within his statement from the legal term of gross negligence to the non-legal term of extremely careless.

According to Anderson’s testimony, the FBI never even looked into negligence due to the DOJ’s legal position:

The issue at the heart of the Clinton email investigation was summarized by Breitenbach:

“The Department of Justice made a decision that intent was required, even though we have a statute on the books that does not require intent that [only] requires gross negligence.”

Absent a major error on her part, it appears that Clinton was effectively in the clear from the outset of the FBI investigation due to the DOJ’s decision to require intent.17)

Postscript:

With the exceptions of Moffa, Evans, and Hickey, every individual from the FBI and DOJ mentioned in the article has either been fired or has resigned.

Most have been the subject of congressional interviews.
(Jeff Carlson@themarketswork, 2/25/2019)   (Full Article: The Epoch Times, 2/25/2019)

(Republished in part with permission)

September 6, 2016 – Hillary compromised classified materials representing the full range of American espionage: human intelligence, signals intelligence, and imagery intelligence

Democratic presidential candidate Hillary Clinton is introduced during a campaign stop Friday, Jan. 22, 2016, in Rochester, N.H. ((Credit: /Matt Rourke/The Associated Press))

(…) “Hillary compromised classified materials representing the full range of American espionage: human intelligence or HUMINT from CIA, signals intelligence or SIGINT from NSA, and imagery intelligence or IMINT from NGA.

Of those 81 classified email chains, the FBI assessed that 37 of them included Secret information while eight included Top Secret information. Worse, seven email chains included Special Access Program or SAP information, which is tightly protected by the Intelligence Community and shared on a restricted, need-to-know basis only.

Three more email chains contained Sensitive Compartmented Information or SCI, which was almost certainly SIGINT from NSA. SCI always requires special protection and handling. In fact, you’re only allowed to access it inside a specially-built Sensitive Compartmented Information Facility, a SCIF (pronounced “skiff”) in spy-speak. Any exposure of SCI brings severe penalties—at least if you’re not named Clinton.

It’s nice to see the FBI finally confirm just how much highly classified information got exposed here, but I reported this many months ago from Intelligence Community sources, including that Hillary’s “unclassified” emails included Top Secret SAP information from CIA and Top Secret SCI information from NSA.

Which leads to a troubling matter: What the FBI did not mention in its big data dump on EmailGate.

As I told you in this column back in January, Hillary emails included very highly classified intelligence from NSA. In early June 2011, the secretary of state received a long email from her longtime friend and factotum Sid Blumenthal regarding Sudan. This was an astonishingly detailed assessment of high-level political and military machinations in that country, specifically inside information about coup plotting.

This explosive information was timely and deep in the weeds on Sudanese happenings. It’s difficult to see how Blumenthal—a lawyer and Washington fixer, no sort of Africa hand or James Bond—got his hands on such juicy intelligence. As I’ve noted, “Blumenthal’s information came from a top-ranking source with direct access to Sudan’s top military and intelligence officials, and recounted a high-level meeting that had taken place only 24 hours before.” How did Sid obtain this amazing scoop for Hillary?

If Hillary Clinton becomes our next president, we can be certain that her trusty sidekick Sid Blumenthal will have an important role in her White House.

Not to mention that, in terms of verbiage and format, Blumenthal’s email read exactly like classified NSA reporting, as anybody acquainted with our SIGINT would immediately recognize. As one veteran agency official told me back in January, Blumenthal’s email was NSA information with “at least 90 percent confidence.”

Which was no coincidence, since an NSA investigation subsequently determined that Blumenthal’s Sudan assessment was derived from their reporting—in some cases, verbatim.  As I reported in March, NSA concluded that Blumenthal’s Sudan report came from four different agency SIGINT reports, all classified Top Secret/SCI. Then it got worse:

At least one of those reports was issued under the GAMMA compartment, which is an NSA handling caveat that is applied to extraordinarily sensitive information (for instance, decrypted conversations between top foreign leadership, as this was). GAMMA is properly viewed as a SIGINT Special Access Program, or SAP, several of which Clinton compromised in another series of her “unclassified” emails.

NSA had no doubt that Blumenthal somehow got his hands on some of their “crown jewels” information. “It’s word-for-word, verbatim copying,” an agency official of them explained. “In one case, an entire paragraph was lifted from an NSA report” that was classified Top Secret/SCI. To add to the mystery, Sid emailed Hillary his “personal” assessment on Sudan only hours after some of those classified NSA reports were issued.

Somehow Sid Blumenthal—who in 2011 was not working for the U.S. government in any capacity and had not held security clearances in a decade—was reading above-top-secret NSA reports just hours after they appeared in tightly restricted GAMMA channels.” (Read more: The Observer, 9/06/16)

The FBI concludes Clinton contributed to discussions in 11 email chains, including four at the above top secret level.

A FBI report released on this day will mention: “The FBI investigation determined Clinton contributed to discussions in four email chains classified as ‘confidential’, three email chains classified as ‘secret’/NOFORN, and four email chains classified as ‘top secret’/ SAP.” (“SAP” stands for “Special Access Programs.”)

However, FBI classification is wildly different from State Department classification when it comes to “confidential” emails, with the FBI deeming 36 email chains of around 100 emails or less classified at that level, compared to the State Department deeming 2,028 individual emails classified at that level.

Furthermore, the FBI puts emails where Clinton asked aides to print out emails as different from replies that added to discussions. The FBI identified 67 times where Clinton forwarded emails for printing at either the “confidential” or “secret” levels. (Federal Bureau of Investigation, 9/2/2016)

A snippet from the graphic created by the Washington Post. (Credit: Washington Post)

A snippet from a graphic created by the Washington Post, indicating the number of emails written by Clinton that were deemed classified. (Credit: Washington Post)

By contrast, a March 2016 Washington Post analysis concluded that 104 of all the emails deemed classified were written by Clinton. Presumably, they used the State Department definition of which ones were classified (since it was the only one publicly available at the time), and they were measuring individual emails instead of email chains. Furthermore,  the Post noted that at least some of Clinton’s comments were deemed classified in three-fourths of these 104 emails, so presumably these were not emails where she just asked fo print-outs. (The Washington Post, 3/5/2016)

The FBI says Clinton both sent and received emails in seven above “top secret” email chains.

Although FBI Director James Comey announces he will not recommend an indictment of Clinton, comments in his public speech reveal information that could be very politically damaging for Clinton. It was previously known that Clinton’s emails contained 22 “top secret” emails in seven different email chains. However, Comey reveals, “Those chains involved Secretary Clinton both sending and receiving emails about those same matters.”

This contradicts previous news reports that Clinton had only been the recipient of “top secret” emails. Comey also says that seven email chains contain “top secret / special access program” (TP/SAP) information, which is above top secret, plus one more previously unknown email chain at the “top secret” level. (Federal Bureau of Investigation, 7/5/2016)

The New York Times notes, “Those emails have been widely reported to include information about the Central Intelligence Agency’s program to use drones to track and kill terrorism suspects. … Only a small number of officials are allowed access to those programs, which are the nation’s most sensitive intelligence operations.”

Another 36 chains were “secret,” which means it includes information that “could be expected to cause serious damage to the national security.” Eight more chains had information classified at the “confidential” level.

The Times comments that Comey’s speech “was, arguably, the worst possible good news Mrs. Clinton’s presidential campaign could have hoped for: no criminal charges, but a pointed refutation of statements like one she flatly made last August,” when she said, “I did not send classified material.” (The New York Times, 7/5/2016) (Federal Bureau of Investigation, 7/5/2016)

January 14, 2016 – Some of the emails on Clinton’s server are so sensitive, the IC OIG investigators initially don’t have clearance to view them

(Charles McCullough (Credit: Fox News)

“Some of the information that passed through Hillary Clinton’s private email server was so sensitive that high-level officials examining the account had to get special security clearance before they could proceed with their probe, NBC’s Ken Dilanian reported on Tuesday.

That is according to an intelligence official familiar with the probe into the former secretary of state’s “homebrew” server, which is being led by the intelligence community’s inspector general, Charles McCullough.

The Federal Bureau of Investigation has also been looking into whether classified material was mishandled during Clinton’s tenure at the State Department from 2009 to 2013.

Some of the emails found on Clinton’s account — according to a letter McCullough sent to senior lawmakers on January 14 and obtained by Fox News and other publications — contained intelligence so sensitive that it has since been allocated to a special access program (SAP) designation.

SAPs are designed to safeguard information deemed more sensitive than even “top secret.”

“The special access program in question was so sensitive that McCullough and some of his aides had to receive clearance to be read in on it before viewing the sworn declaration about the Clinton emails,” Dilanian reported.” (Read more: Business Insider, 1/21/2016)