Assuming the McClatchy reporting is accurate, former Secretary of State and current presidential candidate Hillary Clinton had two documents classified TOP SECRET on her private email server in the basement of her Chappaqua, New York home.
The TOP SECRET classification means the original classifying authority certified that unauthorized disclosure of the information could reasonably be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe. TOP SECRET is the highest national security classification.
When she served as Secretary of State from 2009 until 2013, Hillary Clinton would have had original classification authority. With that authority comes some expectations and obligations concerning the safeguarding of national security information.
According to Executive Order 13526 issued by President Obama on December 29, 2009:
(d) All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken place. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
Now we learn that the Inspector General for the Intelligence Community (IC-IG) has begun an investigation into the unauthorized storage of national security information on Clinton’s private email server.
One of the critical purposes of the IC-IG’s investigation is to assess how much damage to the national security has been done by the presumed disclosure of national security information on her private email server. Notice that we said “national security information,” not “classified information.” While the official sanctions in EO 13526 may be applicable only after a finding that “classified information” was disclosed, improperly disclosing national security information not yet classified and marked as required can still cause exceptionally grave damage to the national security. It’s the information, not the classification applied to it, that determines the gravity of the damage to our national security.
Does anyone really think that the Ministry of State Security for the People’s Republic of China really gives a rip about an arbitrarily-applied (or recklessly not applied) security classification stamp?
US authorities including the Congress and Department of Justice have asked Clinton to turn over her private email server and all copies of emails on it. They stood a better chance of receiving it sooner if they had asked the ChiComs for it.