The Democratic Debate: Clinton Wins On Style And Gets Support Of Pundits; Sanders Wins On The Issues And Wins The Focus Groups

CNN Democratic Debate

Hillary Clinton and Bernie Sanders each entered the first Democratic debate with different goals, and both accomplished them. Clinton was more polished, with both more debating experience, and having prepared in a conventional manner. She was also better at evading questions she did not want to answer. She won the chattering class. The same journalists who have underestimated Sanders from the start, and have not taken his campaign seriously, say that Clinton won.

Sanders won on the issues, and did what he intended to enhance his campaign. Sanders won the focus groups. He gained 35,163 followers on Twitter, compared to 13,252 for Clinton. Although unscientific and of questionable meaning, he won the online polls by large margins. Alternet summarized:

Bernie Sanders by all objective measures won the debate. Hands down. I don’t say this as a personal analysis of the debate – the very idea of “winning” a debate is silly to me. I say this because based on the only objective metrics we have, online polls and focus groups, he did win.  And it’s not even close.

Sanders won the CNN focus group, the Fusion focus group, and the Fox News focus group – in the latter, he even converted several Hillary supporters. He won the Slate online poll, the CNN/Time online poll, 9News ColoradoThe Street online poll, Fox5 poll, the conservative Drudge online poll and the liberal Daily Kos online poll. There wasn’t, to this writer’s knowledge, a poll he didn’t win by at least an 18 point margin.  But you wouldn’t know this from reading the establishment press. The New York Times, The New Yorker, CNN, Politico, Slate, New York Magazine, and Vox all of which unanimously say Hillary Clinton cleaned house.

Sanders went into the debate with an unconventional preparation as I discussed last week. Sanders did not go into the debate memorizing zingers or planning to try to take down Hillary Clinton. He used the debate to get access to potential voters who were not aware of him, and succeeded. This is also seen in the number of Google searches for him. To some degree this could be the novelty factor, from people who already knew about Clinton but not Sanders, but the large number of people expressing interest is bound to translate into some new supporters.

While Clinton did receive far more favorable reviews from the mainstream media, there are exceptions. Philip Bump at The Washington Post did point out how Sanders was the candidate breaking through. The Chicago Tribune considered Sanders to be the winner. Russell Berman at The Atlantic  argued that Sanders might receive a bigger bounce from the debate than Clinton. As might be expected, many blogs on the left also felt that Sanders won the debate.

With his lack of conventional debate preparation, there were areas in which Sanders could have explained himself better, along with other points where Sanders clearly won on the issues.  He should have been  prepared for a question based upon the recent Meet the Press interview. I recently discussed why the Democratic Socialist label is not hurting Bernie Sanders. Despite the labels he prefers, Sanders seeks to reform capitalism, not eliminate it. It is notable that he did point out his support for small and medium sized business:

SANDERS: I think everybody is in agreement that we are a great entrepreneurial nation. We have got to encourage that. Of course, we have to support small and medium-sized businesses.

But you can have all of the growth that you want and it doesn’t mean anything if all of the new income and wealth is going to the top 1 percent. So what we need to do is support small and medium-sized businesses, the backbone of our economy, but we have to make sure that every family in this country gets a fair shake…

Sanders could have also done a better job on guns, but he did note his D- lifetime rating from the NRA (with Sanders also receiving an F at  least once).

Let’s begin, Anderson, by understanding that Bernie Sanders has a D-minus voting rating (ph) from the NRA. Let’s also understand that back in 1988 when I first ran for the United States Congress, way back then, I told the gun owners of the state of Vermont and I told the people of the state of Vermont, a state which has virtually no gun control, that I supported a ban on assault weapons. And over the years, I have strongly avoided instant background checks, doing away with this terrible gun show loophole. And I think we’ve got to move aggressively at the federal level in dealing with the straw man purchasers.

Also I believe, and I’ve fought for, to understand that there are thousands of people in this country today who are suicidal, who are homicidal, but can’t get the healthcare that they need, the mental healthcare, because they don’t have insurance or they’re too poor. I believe that everybody in this country who has a mental crisis has got to get mental health counseling immediately

While some Democrats will attack his record, I believe that Sanders’ approach of considering both the need for gun control and the rights of hunters to be a stronger position for a general election. Sanders would also be in a stronger position than Clinton to bring both sides to the table to work on sensible gun legislation.

Sanders was more prepared for the questions about Black Lives Matter. Note that Sanders repeated the phrase, but Clinton did not. Sanders wins a point over Clinton in his support for expanding Social Security. In contrast to the Republicans, it was good to see a political party which faced reality on climate change, but there are also aspects of Clinton’s environmental record which could have been challenged.

Sanders was right in arguing that war should only be considered as a last resort. Clinton was unable to defend her mistakes on Libya or Syria, but her opponents could also have done a better job of criticizing her on these. Perhaps it would have been different if Joe Biden was there, considering how he spent four years opposing Clinton’s hawkish views. Sanders was also far better than Clinton when discussing civil liberties, including his opposition to NSA surveillance, and marijuana laws, including opposition to the drug war. Despite calling himself a Democratic Socialist, in many ways Sanders is the most libertarian candidate running from either party (at least for us left-libertarians who concentrate on civil liberties as opposed to greater freedom for giant corporations).

Clinton was right in saying that the economy does better when a Democrat is in office. It was clear that any of the participants in last night’s debate would have been better than the Republicans running. She was knocked for her flip-flopping on the issues. exposed her for trying to throw her previous statements on TPP down the memory hole:

Clinton revised her earlier position on the Trans-Pacific Partnership, a proposed trade agreement between 12 Pacific Rim countries, claiming that she merely said she “hoped” it would be a “gold standard.” But her earlier support was more unequivocal.

The topic arose when debate moderator Anderson Cooper asked Clinton if some of her recent position changes were tied to political expediency, and he specifically referenced Clinton’s recent decision to oppose the TPP.

“You supported his trade deal dozens of times. You even called it the ‘gold standard.’ Now, suddenly, last week, you’re against it,” Cooper said. “Will you say anything to get elected?”

Clinton said that over the course of her career, her values and principles have remained consistent, though some positions have evolved as she “absorb[s] new information.”

“You know, take the trade deal,” Clinton said. “I did say, when I was secretary of state, three years ago, that I hoped it would be the gold standard. It was just finally negotiated last week, and in looking at it, it didn’t meet my standards. My standards for more new, good jobs for Americans, for raising wages for Americans. And I want to make sure that I can look into the eyes of any middle-class American and say, ‘this will help raise your wages.’ And I concluded I could not.”

But Clinton didn’t add the “hoped it would be” qualifier when she made the initial comment about the TPP in 2012.

“This TPP sets the gold standard in trade agreements to open free, transparent, fair trade, the kind of environment that has the rule of law and a level playing field,” Clinton remarked in Adelaide, Australia, on Nov. 15, 2012. “And when negotiated, this agreement will cover 40 percent of the world’s total trade and build in strong protections for workers and the environment.”

Two days later, in Singapore, Clinton again sang the praises of the TPP.

“The so-called TPP will lower barriers, raise standards, and drive long-term growth across the region,” Clinton said. “It will cover 40 percent of the world’s total trade and establish strong protections for workers and the environment. Better jobs with higher wages and safer working conditions, including for women, migrant workers and others too often in the past excluded from the formal economy will help build Asia’s middle class and rebalance the global economy.”

The same article also noted that Clinton has repeated some of the same lies she told in the past about the email scandal which have been debunked in the past by fact checkers,

When asked about her unusual email arrangement as secretary of state, Clinton said, “What I did was allowed by the State Department.” That’s not the full story.

Clinton conducted government business exclusively using a personal email account (, and those emails were stored on a private server.

As we have written before, the State Department and the Clinton campaign have cited a National Archives and Records Administration rule issued in 2009 that said federal agencies that allow the use of personal emails must preserve them “in the appropriate agency recordkeeping system.” So personal emails were allowed.

But federal rules also required Clinton to preserve her work emails “at the end of the Secretary’s tenure or sooner if necessary.” She did not turn over copies of her emails to the State Department until Dec. 5, 2014 — nearly two years after she left office on Feb. 1, 2013.

Also, whether the State Department allowed it or not, Clinton’s decision “to conduct all e-mail correspondence through a private e-mail network, using a address, is inconsistent with long-established policies and practices under the Federal Records Act and NARA regulations governing all federal agencies,” according to congressional testimony of Jason R. Baron, a former director of litigation at the National Archives, who is now a lawyer at Drinker Biddle.

Sanders’ biggest error was to present statistics for underemployment when making statements about unemployment, and got the ranking of the United States in income inequality wrong.

Sanders did provide an unexpected lifeline to Clinton when the email scandal came up, objecting to discussing this instead of the issues. It makes sense that he would not want to include this in his campaign, especially at a Democratic debate in front of partisan Democrats invited by the DNC. Besides, if Sanders had his way, he would talk about nothing other than income inequality and related economic matters throughout the debate, and the campaign. It is also unnecessary for Sanders to discuss this when there are still around thirty-six FOIA suits in progress along with the Justice Department investigation. If this was a debate in the general election, the Republicans could have raised a lot of valid points against Clinton, and this time would not have had to make things up as with Benghazi. As The Washington Post noted, the email scandal is not a problem which is going away. Sanders can sit back and let it all play out.

While both Clinton and Sanders could claim victories in this debate, the night did not go as well for the other candidates. I thought Martin O’Malley often did a fine job, including setting Clinton straight on economic policy at one point, but so far there are no signs he is receiving credit for this.  He has shown he could make a fine cabinet member, but it is hard to see him becoming a viable candidate for the nomination this year.

I give Lincoln Chafee credit for taking on Clinton over both her support for the Iraq war and over ethics. While he has no chance at becoming president, probably not now or ever, I do hope he remains around in politics, and perhaps in the next administration, to provide a conscience. Unfortunately he will be most remembered for being unprepared for his first vote as a Senator. Jim Webb blew any chance of using this debate to improve his campaign, and probably will only be remembered for having said he killed somebody.

Donald Trump also tried to get in on the action by live-blogging the debate, but he seemed totally over his head when issues came up. Once again, the Democrats showed they were far superior to the Republican candidates.


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Clinton Email Shows She Sent Information Regarding Identity Of CIA Source Over Private Server

Clinton Email

Trey Gowdy has released further email from Hillary Clinton. Considering the source of the release there is always the possibility that he is being selective in what is being released, but this does look bad for Clinton regardless of how selective Gowdy was being. The email released indicates that the identity of a top CIA intelligence source was disclosed in her private email. Regardless of whether this was marked classified, this is sensitive information which should be classified and which should not have been included in email sent from her private server. Michael Isikoff, an investigative reporter previously with NBC News and Newsweek, and now at Yahoo! News reports:

Hillary Clinton used her private email account to pass along the identity of one of the CIA’s top Libyan intelligence sources, raising new questions about her handling of classified information, according to excerpts from previously undisclosed emails released Thursday by Rep. Trey Gowdy, the Republican chairman of the House Select Committee on Benghazi.

On March 18, 2011, Sidney Blumenthal — Clinton’s longtime friend and political adviser — sent the then secretary of state an email to her private account that contained apparently highly sensitive information he had received from Tyler Drumheller, a former top CIA official with whom Blumenthal at the time had a business relationship.

“Tyler spoke to a colleague currently at CIA, who told him the agency had been dependent for intelligence from [redacted due to sources and methods],” the email states, according to Gowdy’s letter.

The redacted information was “the name of a human source,” Gowdy wrote to his Democratic counterpart, Rep. Elijah Cummings of Maryland, and was therefore “some of the most protected information in our intelligence community.”

“Armed with that information, Secretary Clinton forwarded the email to a colleague — debunking her claim that she never sent any classified information from her private email address,” wrote Gowdy in a letter to Cummings.

Clinton has repeatedly said she never sent or received classified information on her private email server “that was marked classified at the time that it was sent or received.” But the FBI, at the request of the inspectors general for the intelligence community and the State Department, is investigating the handling of classified information on the private server.

And while there is nothing that indicates that the email from Blumenthal (who was not a government employee) was marked classified at the time Clinton received it, the sensitive nature of its contents should have been a red flag and never should have been passed along, according to a former veteran CIA officer.

“She is exposing the name of a guy who has a clandestine relationship with the CIA on her private, unprotected server,” said John Maguire, who served for years as one of the CIA’s top Mideast officers.

In addition, he noted, the email should trigger a “crimes report” by the CIA to the Justice Department seeking an investigation into who within the agency revealed the information to Drumheller.

“Unless Tyler was blowing smoke, it’s an unauthorized disclosure of information,” said John Rizzo, a former CIA general counsel. “And it’s the most sensitive kind of classified information — the identity of a human source. She should have told Blumenthal, ‘delete this — and don’t send me that again.’ And then she should have reported it to State Department security.”

This is only one of a growing list of examples of classified information having been sent over Clinton’s server despite her claims that there was no classified information. Clinton’s exclusive use of a private email system is now under investigation by the FBI.

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Sanders Joins Obama In Opposing Clinton’s Hawkish Views On Syria


While economics have so far dominated the campaign, I feel that the number one reason to nominate Bernie Sanders and not Hillary Clinton is to prevent a return to the foreign policy of George Bush and get us involved in further foolish military intervention. Clinton has a long history of irrational hawkishness. This includes pushing for the Iraq war with false claims of ties between Saddam and al Qaeda, along with advocating increased military intervention as Secretary of State. Fortunately the Obama White House frequently opposed advice from Clinton, often with Joe Biden leading the opposition to her proposals. When the Obama administration did listen to her on intervention in Libya, it turned into a disaster.

Clinton has disagreed with Obama on Syria, favoring increased military intervention. She has attacked Obama on Syria saying, “Great nations need organizing principles, and ‘Don’t do stupid stuff’ is not an organizing principle. ” It sound like a good principle to me, sort of the political equivalent of the Hippocratic Oath, and an idea Clinton should consider. Instead Clinton is proposing more “stupid stuff” in proposing that the United States impose a no-fly zone in Syria. Enforcement of this would not only increase the risk of us getting entangled in the conflict between the Syrian government and ISIS, but also risk direct military confrontation with Russia.

Bernie Sanders has joined Obama in opposing Clinton’s desire for this increase in military intervention. The Washington Post reports:

Sen. Bernie Sanders (I-Vt.) said Saturday that he opposes a unilateral American no-fly zone in Syria, offering a less hawkish stance on the war-torn region than Hillary Rodham Clinton, his chief rival for the Democratic presidential nomination, and a position more in line with President Obama.

“We must be very careful about not making a complex and dangerous situation in Syria even worse,” Sanders said in a statement to The Washington Post. “I support President Obama’s efforts to combat ISIS in Syria while at the same time supporting those in that country trying to remove the brutal dictatorship of Bashar Assad.”

But, Sanders added: “I oppose, at this point, a unilateral American no-fly zone in Syria, which could get us more deeply involved in that horrible civil war and lead to a never-ending U.S. entanglement in that region.”

In a television interview broadcast Thursday, Clinton advocated additional air power to protect civilians in the multi-front war, in which Syrian rebels and international advocates have said that air patrols in Syria’s north could give civilians a refuge from Assad’s bombing raids…

Clinton’s position puts her in the same camp as some Republican contenders for the presidential nomination, including former Florida governor Jeb Bush and Ohio Gov. John Kasich…

Sanders, who has a pair of rallies planned in Massachusetts on Saturday, has been speaking out in his recent campaign appearances about “the cost of war,” accusing Republicans of being too eager to insert the U.S. military into conflicts that will result in casualties and a range of other problems for returning U.S. soldiers.

Saturday’s events, planned in Springfield and Boston, come amid a fresh burst of momentum for Sanders, whose campaign announced this week that it had raised $26 million in the last fundraising quarter, nearly as much as Clinton. Recent polls from New Hampshire have showed Sanders leading Clinton, and polls from Iowa have showed a close contest.

I don’t know how much of his economic agenda Bernie Sanders could pass when the Republicans can block legislation with forty Senators. The big difference between a Sanders presidency and a Clinton presidency will probably seen in the areas where the president has more direct power. If Sanders is president we are far less likely to wind up in more unnecessary wars, and far less likely to see a continuation of infringements on civil liberties with activities such as the NSA surveillance of American citizens.

Update: Sanders reportedly had more record crowds out to see him in Boston. The Boston Globe reports it was “the largest rally for a presidential primary candidate in recent Massachusetts history, topping 10,000 people drawn to Boston Common eight years ago by Barack Obama.”

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The Second Republican Debate: Faux Controversies, Lies, And One Candidate Was Even Right Twice

CNN Republican Debate

The second Republican debate (transcript here), this time hosted by CNN, didn’t raise as much controversy as the first. Donald Trump was still a dominant force, but whenever the talk got to policy, Trump didn’t know what to say and was quieter. CNN did try to liven things up with having the candidates respond to comments about them from other candidates. This included both comments during the debates and often insults made to the media before the debates. While at times it was a good idea to have the candidates interact, often it was over matters far to trivial to really belong in the debate.

This did allow Carly Fiorina to have one of the better moments of the debate, and she was obviously ready to comment on this insult from Donald Trump:

TRAPPER: In an interview last week in Rolling Stone magazine, Donald Trump said the following about you. Quote, “Look at that face. Would anyone vote for that? Can you imagine that, the face of our next president?” Mr. Trump later said he was talking about your persona, not your appearance. Please feel free to respond what you think about his persona.

FIORINA: You know, it’s interesting to me, Mr. Trump said that he heard Mr. Bush very clearly and what Mr. Bush said. I think women all over this country heard very clearly what Mr. Trump said.

While candidates often exceeded their time, Fiorina responded perfectly with this brief comment.

It was overall a good night for Fiorina, who might have done more than anyone else to improve her position in the GOP race with her debate performance. Unfortunately doing well in a Republican race does not require telling the truth. She repeated previously debunked claims about her record at HP. While she sounded more forceful than Donald Trump in saying how she would deal with Russia and Syria, Ezra Klein pointed out how she got the facts wrong. Klein, along with Sarah Kliff also pointed out how she was wrong about the Planned Parenthood tapes. There was no scene such as the one she described:

FIORINA: I dare Hillary Clinton, Barack Obama to watch these tapes. Watch a fully formed fetus on the table, its heart beating, its legs kicking while someone says we have to keep it alive to harvest its brain.

Of course most, if not all, of the candidates were also lying about Planned Parenthood during the debate. Even if they didn’t make a claim as blatantly false as Fiorina did, they repeated the debunked claims that Planned Parenthood was selling fetal tissue.

The biggest whopper came from Jeb Bush when he responded to criticism of his brother from Donald Trump:

TRUMP: Your brother — and your brother’s administration gave us Barack Obama, because it was such a disaster, those last three months, that Abraham Lincoln couldn’t have been elected.

BUSH: You know what? As it relates to my brother, there’s one thing I know for sure. He kept us safe.

Both Trump and Jeb Bush were wrong about Obama and George Bush in the above exchange, but it is Jeb’s comments which were the most absurd. The most destructive terrorist attack on the United States occurred on George Bush’s watch, with Bush ignoring intelligence reports which might have enabled the United States to prevent the attack. Bush then followed up the attack by foolishly getting us into the quagmire in Iraq.

Rand Paul is one of the candidates who was nearly forgotten. Donald Trump, who insulted so many of the other candidates that I thought he was preparing to fire one, even said:

TRUMP: Well, first of all, Rand Paul shouldn’t even be on this stage. He’s number 11, he’s got 1 percent in the polls, and how he got up here, there’s far too many people anyway.

While Paul is certainly wrong on many, many things, I noted he was right on two points during the debate.  For this group, just being right twice makes him stand out.

First he pointed out that military intervention is not always the best idea:

PAUL: I think this gets to the point of wisdom on when to intervene and when we shouldn’t. Had we bombed Assad at the time, like President Obama wanted, and like Hillary Clinton wanted and many Republicans wanted, I think ISIS would be in Damascus today. I think ISIS would be in charge of Syria had we bombed Assad.

Sometimes both sides of the civil war are evil, and sometimes intervention sometimes makes us less safe. This is real the debate we have to have in the Middle East.

Every time we have toppled a secular dictator, we have gotten chaos, the rise of radical Islam, and we’re more at risk. So, I think we need to think before we act, and know most interventions, if not a lot of them in the Middle East, have actually backfired on us.

Paul missed the point Obama successfully stepped back from the brink, but his overall point is correct about thinking before engaging in senseless military intervention.

Paul also also criticized the drug war during the debate:

TAPPER: Many people on social media wanted us to ask about marijuana legalization. Senator Paul, Governor Christie recently said, quote, “if you’re getting high in Colorado today,” where marijuana has been legalized, “enjoy it until January 2017, because I will enforce the federal laws against marijuana.” Will you?

PAUL: I think one of the great problems, and what American people don’t like about politics, is hypocrisy. People have one standard for others and not for them — for themselves.

There is at least one prominent example on the stage of someone who says they smoked pot in high school, and yet the people going to — to jail for this are poor people, often African-Americans and often Hispanics, and yet the rich kids who use drugs aren’t.

I personally think that this is a crime for which the only victim is the individual, and I think that America has to take a different attitude. I would like to see more rehabilitation and less incarceration. I’m a fan of the drug courts which try to direct you back towards work and less time in jail.

But the bottom line is the states. We say we like the 10th Amendment, until we start talking about this. And I think the federal government has gone too far, I think that the war on drugs has had a racial outcome, and really has been something that has really damaged our inner cities.

Not only do the drugs damage them, we damage them again by incarcerating them and then preventing them from getting employment over time.

So I don’t think that the federal government should override the states. I believe in the 10th Amendment and I really will say that the states are left to themselves.

Paul was generally right on two points, but neither are going to help him in a Republican primary battle. It is also rather sad that the Democratic front-runner has been wrong on both issues, with Clinton supporting both greater military intervention and being a hard-liner on drug laws.

Paul was more mixed on vaccines. He didn’t go along with Donald Trump’s claims about a connection between vaccines and autism, but also wasn’t consistent with the science:

TAPPER: Mr. Trump, as president, you would be in charge of the Centers for Disease Control and the National Institutes of Health, both of which say you are wrong. How would you handle this as president?

TRUMP: Autism has become an epidemic. Twenty-five years ago, 35 years ago, you look at the statistics, not even close. It has gotten totally out of control.

I am totally in favor of vaccines. But I want smaller doses over a longer period of time. Because you take a baby in — and I’ve seen it — and I’ve seen it, and I had my children taken care of over a long period of time, over a two or three year period of time.

Same exact amount, but you take this little beautiful baby, and you pump — I mean, it looks just like it’s meant for a horse, not for a child, and we’ve had so many instances, people that work for me.

Just the other day, two years old, two and a half years old, a child, a beautiful child went to have the vaccine, and came back, and a week later got a tremendous fever, got very, very sick, now is autistic.

Paul later responded:

One of the greatest — one of the greatest medical discoveries of all times was — were the vaccines, particularly for smallpox. And if you want to read a story, it’s called The Speckled Monster, it’s an amazing story, it was all done voluntary.

But people came in by the droves. George Washington wouldn’t let his wife visit until she got vaccinated. So I’m all for vaccines. But I’m also for freedom.

I’m also a little concerned about how they’re bunched up. My kids had all of their vaccines, and even if the science doesn’t say bunching them up is a problem, I ought to have the right to spread out my vaccines out a little bit at the very least.

The debate will probably not change the race very much but it is a good thing that the candidates were provided this opportunity to present their views to a national audience on a repeated basis. If only the Democratic National Committee would do the same this year and allow more than six debates total.

Update: The New York Times reviewed  Crazy Talk at the Republican Debate with Paul Krugman adding additional Fantasies and Fictions at G.O.P. Debate

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Was Hillary Clinton’s Email Hacked?

Clinton Email

Bloomberg reports that the FBI”has begun a probe into whether foreign intelligence services compromised Hillary Clinton’s e-mail server during and after her tenure as secretary of state.” Clinton denies she was hacked:

Clinton herself has dismissed the prospect that her e-mails were hacked. Speaking in March, she said the system used for the private e-mail “was set up for President Clinton’s office. And it had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.”

It should be kept in mind that virtually everything Hillary Clinton has said to date regarding the email scandal has been debunked by fact checkers and/or turned out to be false as further information came in, including her initial claim that there was no classified information on her private server.

It is not a foreign intelligence service, but other hackers are claiming they did hack into her system–and will sell Clinton’s email for $500,000:

Just as email-gate looked to be winding down, has exclusively learned a person claiming to be a computer specialist has come forward with the stunning news that 32,000 emails from HillaryClinton‘s private email account are up for sale. The price tag — a whopping $500,000!

Promising to give the trove of the former Secretary of State’s emails to the highest bidder, the specialist is showing subject lines as proof of what appear to be legitimate messages.

“Hillary or someone from her camp erased the outbox containing her emails, but forgot to erase the emails that were in her sent box,” an insider reveals to Radar of the Presidential contender’s latest nightmare.

Radar has learned that some of the topics discussed in the email appear to include everything from Benghazi to the Algerian hostage crisis — with subject lines such as:

“H Libya security latest. Sid” (with attachment)
“H FYI, best analysis so far of hearing Sid,’ about the latest security
in Libya”
“H Algeria latest French Intel on Algeria hostage Sid”
“H Latest French Intel in Algeria hostage Sid” (with attachment)
“H Latest Libya intel internal govt discussions high level” (with
“H HIGHLY IMPORTANT! Comprehensive Intel Report on (with attachment)”

Warns the insider, “If these emails get out to the public domain, not only is Hillary finished as a potential Presidential nominee, she could put our country’s national security at risk.”

If there is any truth to this, Donald Trump might be interested in buying, and the FBI might be interested in investigating.

There is yet another embarrassment for Clinton regarding her email. A former state department employee under Clinton who worked on her email system is expected to invoke the Fifth Amendment when called to testify, raising questions as to what he is hiding.

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Why Liberals Should Support Bernie Sanders And Not Hillary Clinton

Sanders Clinton

Conor Friedersdorf is a little late with this article at The Atlantic in calling for more Democratic candidates to enter the race, but his arguments against nominating Clinton are solid:

Most Democrats regard the Iraq War as a historic disaster. Clinton voted for that conflict. That hawkishness wasn’t a fluke. She pushed for U.S. intervention in Libya without Congressional approval and without anticipating all that has gone wrong in that country. She favored U.S. intervention in the Syrian civil war as well. Why haven’t Democrats concluded that she has dangerously bad judgment on foreign policy? She certainly hasn’t done anything to distinguish herself in that realm.

Along with the Iraq War, Democrats disdained George W. Bush for the Patriot Act, his expansive views on executive power, and his awful record on transparency. Clinton voted for the Patriot Act. She shows every sign of embracing a similarly expansive view of executive power. And she took extraordinary steps to shield her emails from federal public-records and freedom of information laws.

Then there are her financial backers.

Many Democrats are sympathetic to Occupy Wall Street and to the notion that wealthy special interests on Wall Street are rigging the system by buying off politicians. Who is more bought off than Clinton? It isn’t just her campaign coffers and her family’s foundation that benefit from Wall Street money. Her family’s private accounts are flush with funds from big banks, including at least one that benefitted from her tenure at State and paid her husband seven figures for a speaking gig. It is naive to think that she won’t look out for the interests of Big Finance in Washington.

And on social issues like gay marriage and police misconduct her approach has been to lag public opinion rather than to lead it toward an embrace of progressive reforms.

These are significant flaws.

Nothing costs more in blood and treasure than dubious wars of choice. In an era of terrorism, it is more important than ever to elevate reliable guardians of civil liberties. Wall Street malfeasance contributed to a painful financial crisis in recent memory…

Bernie Sanders has exposed Clinton’s electoral weakness. Her response to the email scandal has reminded voters how willing she is to dissemble. At the very least, Clinton’s weaknesses suggest that a coronation would be a folly––and one without any apparent upside.

Friedersdorf’s argument elsewhere in the article for more Democrats to challenge Clinton would have made sense months ago, when most Democrats were afraid to enter the race because of the fallacious belief that Clinton’s victory was inevitable. At this point it would be very hard for other candidates to launch a campaign unless they have considerable name recognition and connections, such as Joe Biden or Al Gore. Gore’s name comes up occasionally, but there is no sign he has any real interest, and Biden has not yet decided. Democrats who were afraid of the challenge of taking on Clinton six months ago when they thought her victory was inevitable are unlikely to take up the challenge of entering the nomination battle at this late date.

While this might change if Biden gets in the race or O’Malley’s campaign should come back from the dead, at this time Sanders is the only viable alternative to Clinton. Friedersdorf arguments against Clinton are the reasons why liberals should vote for Bernie Sanders.

This article also reminded me of another article I’d recommend at TruthoutFive Reasons No Progressive Should Support Hillary Clinton. The article summarizes Clinton’s conservative record on Foreign Policy, the Economy, the Environment, Civil Liberties, and Culture War issues. I would add a sixth–government transparency and ethics, but note that this was written in February, before the email and Foundation scandals.

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Clinton Had A Good Joke, But Her Violations Of Government Policy Are No Laughing Matter

Clinton Email Cartoon Deleted

At least someone on Hillary Clinton’s writing staff has a sense of humor, and extra points to Clinton if she thought up this joke by herself:

“You may have seen that I recently launched a Snapchat account. I love it. I love it. Those messages disappear all by themselves.”

The joke is funny, but the email scandal is no laughing matter. Back when George W. Bush was in office, we condemned his administration for actions such as this. Politicians and government officials should be held to the same standards, regardless of party. Hillary Clinton even accused those in the Bush administration of “shredding the Constitution.”

Government transparency is an important concept, and the change to email would result in the loss of a tremendous amount of documentation. This is even more important when a Secretary of State has outside conflicts of interest as Clinton did. Members of both parties had concerns when Hillary Clinton was made Secretary of State. The Obama administration instituted stricter rules regarding email in 2009, and made an agreement with Clinton to disclose all the donors to the Foundation when Secretary of State. There were two things which Clinton was supposed to do, and she ignored both. She then proceeded to unethically make decisions regarding parties which had made substantial contributions to the Foundation. In addition, Bill Clinton received extraordinarily high speaking fees from such parties.

This is especially foolish considering that she knew how much scrutiny she would be under, and presumably thought she might run for president again one day. If you are not doing something dishonest, it only makes sense to follow the rules and keep your nose clean in such a situation. Apparently she thought the money was worth the risk.

The New York Times also has more information available on the email classified as top secret which were found on Clinton’s private server, directly contradicting her previous statements on this topic:

This week, the inspector general of the nation’s intelligence agencies, I. Charles McCullough III, informed members of Congress that Mrs. Clinton had “top secret” information, the highest classification of government intelligence, in her account.

Some of that information, according to a memorandum the inspector general sent to the heads of the Senate and House intelligence and judiciary committees, may have come from a program called Talent Keyhole, which relies on satellite intercepts of conversations or imagery data. The program involves some of the most secure information in the intelligence agencies’ computer systems.

Specifically, the inspector general told members of Congress that two emails should have been classified as top secret, with one of them designated “TOP SECRET//SI//TK/NOFORN.” Officials familiar with the nomenclature said that “SI” stood for “special intelligence,” usually indicating an intercepted communication, and that “TK” was routinely used as an abbreviation for Talent Keyhole, showing that the communication or an image was obtained from a satellite…

The investigation into Mrs. Clinton’s emails has its roots in her decision to use only a private email account for her official business when she was secretary of state, an unorthodox decision that gave her some control over what was made public. She faced criticism when her use of the account became known this year, and after deleting what she said were more than 31,000 personal emails, she turned over more than 30,000 work-related emails for the State Department to make public.

We already know that some of the over 31,000 emails which she deleted turned out to relate to Libya and terrorism, and some of the email which was turned over appeared to be altered, contradicting her claims of the email being personal.

The classified email found so far in this sample of only forty emails were in email received by Clinton and not sent by her. This does not really alter the underlying issue of Clinton’s violation of government policy leading to classified email inappropriately being on her home server. As I have previously discussed, the Obama administration has been  hard on any violations of policy regarding classified information. Clinton was responsible for the information being on a private as opposed to secure government servers due to her failure to follow government policy, regardless of whether she had any intent for this to occur.

If Hillary Clinton were to be treated consistently as others have been treated who mishandled classified information (which I suspect will not be the case), she would be indicted. On the other hand, despite many conservative bloggers who dream of her going to prison, those indicted in situations comparable to her have been able to negotiate plea bargains which led to probation, fines, and loss of security clearance. It would create an awkward situation should Clinton be stripped of her security clearance and then be nominated by a major party as a candidate for president.

Update: The Washington Post reports on why the Clinton camp is getting nervous about this story:

The FBI’s interest in Clinton’s e-mail system arose after the intelligence community’s inspector general referred the issue to the Justice Department on July 6. Intelligence officials have expressed concern that some sensitive information was not in the government’s possession and that Clinton’s unusual e-mail system could have “compromised” secrets.

That investigation, still preliminary, is focusing on how to contain any damage from classified information that might have been put at risk. Officials have said that Clinton is not a target. But, according to legal experts, this type of security review can turn into a criminal investigation if there is evidence that someone intentionally mishandled government secrets…

The issues around Clinton’s e-mails have also intensified as it has become clear that a number of her statements defending her actions now appear to be false.

As she did that Sunday in Iowa, Clinton has said multiple times that she never sent or received any e-mails containing information that was classified at the time.

But the intelligence community’s inspector general, reviewing a small sample of Clinton’s private e-mails, has contradicted that claim. While the e-mails may not have been marked that way, they contained classified information. The IG said this week that he had discovered information in two e-mails that intelligence agencies considered to be top secret, the highest category of classification…

The controversy highlights one of the problems with Clinton’s decision to use her own e-mail system during her four years running the State Department.

At many agencies that handle sensitive information, discussions of classified material and sharing of classified documents must take place on specially secure classified computers. The government protections don’t extend to private accounts.

Other Cabinet secretaries have been known to use private accounts, including one of Clinton’s predecessors, Colin Powell.

State Department rules require employees to “use, hold, process, or store classified material in data and word processing systems . . . only under conditions that will prevent unauthorized persons from gaining access,” according to the agency’s Foreign Affairs Manual. A 2009 executive order also specifies that classified information “may not be removed from official premises without proper authorization.”

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Fox Republican Debate Dominated By The Donald

Fox Debate August 2015

Fox brought in a record 24 million viewers for the first Republican debate on Thursday night , and nobody doubts it was because of Donald Trump. CNN explained what this number means:

For perspective, the first GOP primary debate four years ago, also on Fox, attracted 3.2 million viewers.

The most-watched primary debate that year, broadcast by ABC, reached 7.6 million.

Thursday’s debate audience more than tripled that one.

The audience easily exceeded pretty much everything that’s been on American television this year, from the finale of “The Walking Dead” to the final episode of David Letterman’s “Late Show.”

The debate was bigger than all of this year’s NBA Finals and MLB World Series games, and most of the year’s NFL match-ups.

It also trumped Jon Stewart’s Thursday night’s sign-off from “The Daily Show,” which averaged 3.5 million viewers.

Trump is a known ratings magnet. His reality show “The Celebrity Apprentice” used to reach 20 million viewers a week. But it has slipped over the years, averaging 6 to 8 million viewers for recent seasons.

The debate, as well as most of the talk afterwards, was about Donald Trump. They might as well have named it Presidential Apprentice. By the end, many viewers might have been expecting to go to the boardroom to see who Trump would fire. Hint–it might not have been one of the candidates considering what he has been saying about Megyn Kelley and the other Fox correspondents. Among the most crude:

Trump was the center of attention from the start when the very first question was a show of hands  as to “who is unwilling tonight to pledge your support to the eventual nominee of the Republican party and pledge to not run an independent campaign against that person.” Only Donald Trump raised his hand. (Full transcript of the debate can be found here).

Donald Trump did make a great case for campaign finance reform:

I will tell you that our system is broken. I gave to many people, before this, before two months ago, I was a businessman. I give to everybody. When they call, I give.

And do you know what?

When I need something from them two years later, three years later, I call them, they are there for me.

QUESTION: So what did you get?

TRUMP: And that’s a broken system.

QUESTION: What did you get from Hillary Clinton and Nancy Pelosi?

TRUMP: Well, I’ll tell you what, with Hillary Clinton, I said be at my wedding and she came to my wedding.

You know why?

She didn’t have a choice because I gave. I gave to a foundation that, frankly, that foundation is supposed to do good. I didn’t know her money would be used on private jets going all over the world. It was.

Trump also restated his opposition to the Iraq war but flip-flopped on his previous support for a single payer system. Trump could have been the best candidate in the room if he hadn’t turned into a Tea Party clown.

There were some other moments when Republican candidates deserved credit. This includes Rand Paul criticizing both his fellow Republican candidates and Hillary Clinton for their policies which on sending more arms to middle east:

I’ve been fighting amidst a lot of opposition from both Hillary Clinton, as well as some Republicans who wanted to send arms to the allies of ISIS. ISIS rides around in a billion dollars worth of U.S. Humvees. It’s a disgrace. We’ve got to stop — we shouldn’t fund our enemies, for goodness sakes.

This was followed by John Kasich defending taking funds for the Medicaid expansion under Obamacare:

First of all, Megyn, you should know that — that President Reagan expanded Medicaid three or four times.

Secondly, I had an opportunity to bring resources back to Ohio to do what?

To treat the mentally ill. Ten thousand of them sit in our prisons. It costs $22,500 a year to keep them in prison. I’d rather get them their medication so they could lead a decent life.

Rand Paul made a another good point when he argued with Chris Christie over NSA surveillance:

The Fourth Amendment was what we fought the Revolution over! John Adams said it was the spark that led to our war for independence, and I’m proud of standing for the Bill of Rights, and I will continue to stand for the Bill of Rights.

Beyond this, we primarily learned from the debates that Republicans hate Barack Obama, Hillary Clinton, Obamacare, and Planned Parenthood.

I am looking forward to seeing Bernie Sanders debate Hillary Clinton on foreign military intervention and suppression of civil liberties. Clinton’s record on these topics does fit well in the GOP mainstream.

I am hesitant to write about winners because we have learned that the winner of a debate is not based upon the debate itself, but the perception of the candidates after people have listened to the talking heads in the days following the debate. This is further complicated with the Republican Party as most of their voters receive their thoughts from Fox. Criticism from the Fox commentators could make Donald Trump look like a loser, but so far he has managed to survive better than the pundits have predicted, and it is not looking like Fox will be successful against him.

From my perspective, which could be quite different from that of Fox, the winners were John Kasich and Marco Rubio. Kasich barely squeaked into the prime time debate, and the two debates did show that Kasich really did deserve to be there more than Rick Perry, who was excluded, possibly by fudging the results of the polls. Kasich and Jeb Bush looked the most stable in the group. Bush already has his position as top contender after Trump, but now Kasich might replace Scott Walker as the leading challenger to Bush and move into the top tier.

I also downgraded Bush for his discussion of his brother’s policies. It wasn’t faulty intelligence which got us in Iraq as he claimed, but his brother twisting the intelligence to justify the war he wanted to start. Jeb! also seemed oblivious to the fact that ISIS and the other problems now occurring in Iraq are due to his brother destabilizing the region. They all seemed oblivious, when talking about the deficit, to the fact that the deficit is a consequence of George W. Bush both fighting the war on credit and cutting taxes on the wealthy.

The other Republican who looked good, if you ignore his actual views, was Marco Rubio. He could make a good candidate in a television-based campaign. The entry of Trump into the race made it hard for candidates like Rubio to get attention, but he did get a shot at being noticed Thursday.

On the other hand, it seemed a battle throughout the evening between Mike Huckabee and Ted Cruz to be the most bat-shit candidate on stage, which was impressive considering that Donald Trump was on the same stage. I was edging towards awarding this to Huckabee, with lines such as, “The purpose of the military is kill people and break things,” until Cruz gave his closing statement, and clinched the title:

If I’m elected president, let me tell you about my first day in office. The first thing I intend to do is to rescind every illegal and unconstitutional executive action taken by Barack Obama.

The next thing I intend to do is instruct the Department of Justice to open an investigation into these videos and to prosecute Planned Parenthood for any criminal violations.

The next thing I intend to do is instruct the Department of Justice and the IRS to start (sic) persecuting religious liberty, and then intend to cancel the Iran deal, and finally move the U.S. embassy in Israel to Jerusalem.

I will keep my word. My father fled Cuba, and I will fight to defend liberty because my family knows what it’s like to lose it.

In contrast, Huckabee went for the laugh as opposed to Cruz’s tirade:

It seems like this election has been a whole lot about a person who’s very high in the polls, that doesn’t have a clue about how to govern.

A person who has been filled with scandals, and who could not lead, and, of course, I’m talking about Hillary Clinton.

So, in conclusion, Trump wins for continuing to totally dominate the discussion, Kasich and Rubio had smaller victories which might improve their position if the race should return to be about the more conventional candidates, and Cruz edged Huckabee for the scariest Republican in the room. Hillary Clinton and Bernie Sanders must really have felt happy seeing this debate and the caliber of candidate they might come up against in the general election.

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FBI Probe Provides Further Details On Private Server In Clinton’s Chappaqua Home

Clinton Email

The call by two Inspectors General for an investigation into the presence of classified information on Hillary Clinton’s private server has led to further information being obtained now that the FBI is investigating the matter. The Washington Post reports:

The inquiries are bringing to light new information about Clinton’s use of the system and the lengths to which she went to install a private channel of communication outside government control — a setup that has emerged as a major issue in her campaign for the Democratic presidential nomination.

For instance, the server installed in her Chappaqua, N.Y., home as she was preparing to take office as secretary of state was originally used by her first campaign for the presidency, in 2008, according to two people briefed on the setup. A staffer who was on the payroll of her political action committee set it up in her home, replacing a server that Clinton’s husband, former president Bill Clinton, had been using in the house.

The inquiries by the FBI follow concerns from government officials that potentially hundreds of e-mails that passed through Clinton’s private server contained classified or sensitive information. At this point, the probe is preliminary and is focused on ensuring the proper handling of classified material…

Critics say Clinton’s private server arrangement put her discussions with some aides outside the reach of government investigators, congressional committees and courts seeking public records from the State Department.

Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) wrote a letter to FBI Director James B. Comey on July 24 asking him what steps his office had taken to ensure that classified information held on Kendall’s thumb drive, and once kept on Clinton’s server, was being properly secured. A State Department official said that once the agency identified classified material in the e-mails in May, it instructed Clinton’s lawyers on “appropriate measures for physically securing” the e-mails.

Even after Clinton’s use of a private server was confirmed there had been questions as to the actual physical location, as Clinton had been vague on this matter. Thus there have been many media accounts of the scandal referring to a “home-brew” server in Clinton’s basement, along with other stories speculating on locations ranging from New York City to other states. This story verifies the presence in Clinton’s home, along with further discussion of support and security for the server.

The presence of classified information on the server in her private home, along with on a thumb drive held by her attorney, raise further questions as to whether federal law is being complied with regarding handling of classified information. Contrary to initial reports in The New York Times, which were subsequently corrected, this is not currently a criminal investigation into Hillary Clinton. However this does raise speculation as to whether Clinton could be subject to criminal penalties after any investigation is completed. An op-ed at The Washington Post compared this to the classified information which was illegally poses sed by former Clinton national security adviser Sandy Berger:

A Justice Department investigation ensued and in 2005 Berger reached a plea agreement in which he was allowed to plead guilty to a misdemeanor charge of unauthorized removal and retention of classified material instead of a felony. He was sentenced to two years of probation and 100 hours of community service and was stripped of his security clearance for three years. Prosecutors and defense lawyers agreed on a $10,000 fine, but the judge raised it to $50,000. In 2007, in order to shut down a disbarment investigation by the District of Columbia bar, he relinquished his license to practice law.

That was for unlawfully removing and retaining just five classified documents.

Clinton has apparently been caught removing at least five e-mails containing what we now know to be classified information and retaining them on her personal server in her home in Chappaqua, N.Y., after she left office. And in the weeks ahead, that number will probably grow to the hundreds, if not thousands.

The inspector general reviewed only a small sample of 40 e-mails Clinton turned over to the State Department. Yet in that tiny sample, he found that five e-mails contained classified information. Five classified e-mails in a sample of just 40 is a rate of one out of eight e-mails that contained classified information. Clinton has handed over some 30,000 official e-mails to the State Department that she had been keeping on her private server. That means there could be some 3,750 classified e-mails that she removed and retained…

Worse still, Clinton’s apparent violation of the law is ongoing. Her lawyer, David Kendall, reportedly has a thumb drive containing all her official e-mails, including hundreds if not thousands containing classified information. That means that to this day, she apparently continues to unlawfully possess unsecured classified documents and has taken no action to return that thumb drive to the federal government, much less the server on which they were originally unlawfully stored.

Clinton claims that she “did not send nor receive anything that was classified at the time.” But the inspector general found classified intelligence from five separate intelligence agencies — the Central Intelligence Agency, the National Security Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency and the Office of the Director of National Intelligence — in Clinton’s e-mails. Taking intelligence from classified documents and putting it in unclassified e-mails does not make the information unclassified. Indeed, that is arguably an additional offense. There is a separate classified e-mail system — called the SIPRNet — for classified communications. Clinton was required by law to use that system for any e-mails containing classified information.

Clinton supporters are trying to write off these stories as right-wing attacks, but the fact is that Clinton knowingly violated the rules in effect as of 2009 regarding use of private email and in failing to turn over any email sent on private systems while still in office. The fact checking sites have repeatedly stated that Clinton’s statements have been false regarding the email on many  points. The Washington Post Fact Checker has given Clinton and her defenders Three Pinocchios for their claims on at least two separate occasions (here and here). The top Freedom of Information Act official at the Justice Department has stated that Clinton was in violation of the rules and the State Department’s top Freedom of Information Act officer has called her use of a private server unacceptable. Not only did she violate rules regarding use of private email, she also destroyed around 30,000 email messages and edited others, which includes email related to Libya and Terrorism and was not personal email as she previously claimed. This is a scandal created by Hillary Clinton’s own actions, not by her opponents, and can have serious political repercussions should Clinton be the Democratic nominee.

Update: The New York Post is reporting that this is actually a criminal investigation but they base their report on anonymous sources, casting doubt on the accuracy.

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Distrust Of Clinton By Independents Makes Her Vulnerable In General Election

CNN Clinton Trust Issue

Things are not going well for Hillary Clinton when she is compared to Donald Trump, such as in this op-ed at ABC News by Matthew Dowd entitled, Canary in Coal Mine: Trouble Ahead for Poll Leaders Trump and Clinton. The view is that the candidate leading the polls for both parties looks like a loser. The difference is that Donald Trump is still considered by many to be unable to win the Republican nomination, and looks like he will lose badly if he does make it to the general election. Hillary Clinton remains in a strong position to win the Democratic nomination, but now looks to be in considerable danger of losing the general election (unless she is fortunate enough to be up against Donald Trump).

This is based upon the the latest Quinnipiac poll, the most recent in a recent string of poor polling results for Clinton. Some of the points in the poll stressed by Dowd:

1. As we have seen previously, the electorate is incredibly polarized, with Republicans and Democrats lining up nearly unanimously with their parties’ candidates for House, Senate and president. You only see 1% or 2% defection to the opposing party. As I have written recently, it is Independents who will decide next year’s election outcome, and as of today they are slightly leaning voting Republican up and down the ballot — except for Trump, who they are opposed to in the general election.

2. Hillary Clinton’s unfavorable rating today is a net negative 11 points, and among Independents it is a net negative 18 points. She started out the campaign in March with a positive net of 3 points so she has deteriorated badly in the course of four months. Trump today has a disastrous net negative favorable rating of minus 32 points overall and among Independents.

3. Hillary is viewed as not honest and trustworthy by an amazing 57% of the country and by 62% of Independents. The opinion of Trump is just as bad, being viewed by 58% as not trustworthy. This is a difficult platform for either to run a campaign from if they don’t fix it, and even more problematic in attempting to govern the country if they were to win.

4. And on the very important quality of “cares about needs and problems of average people” (which Democrats always seem to score well on), 52% say Hillary doesn’t. And 63% say Trump doesn’t care about needs and problems of regular voters. Again, this is a deep flaw that both retain going into this election cycle.

5. So why are they ahead in their respective primaries and what does this mean? Much is driven by name identification as well as the lack of a true dominant counter force in their primaries. But keep in mind voter support is a lagging indicator of this race, and the leading indicators to watch are likability, qualities of connection, and trustworthiness. They are the canaries in the coal mine signaling problems ahead. Hillary and Trump are very vulnerable to being beaten — Hillary more likely in the general election, Trump in the primary because of the different bases of support.

Hopefully if Democrats begin to understand how vulnerable Clinton is to being defeated in the general election in time this will lead to the selection of a better candidate.

Part of the reason that Clinton is distrusted is the evasive way in which she answers questions, with non-answers such as “If it’s undecided when I become president, I will answer your question.” The problem has been exacerbated by the email scandals. The latest addition to the long list of questions about Clinton’s conduct is whether she was sending classified information over her private server. McClatchy took a closer look at this story:

“Even if Secretary Clinton or her aides didn’t run afoul of any criminal provisions, the fact that classified information was identified within the emails is exactly why use of private emails . . . is not supposed to be allowed,” said Bradley Moss, a Washington attorney who specializes in national security matters. “Both she and her team made a serious management mistake that no one should ever repeat.”

McClatchy also has determined some details of the five emails that the intelligence community’s inspector general has described as classified and improperly handled.

Intelligence officials who reviewed the five classified emails determined that they included information from five separate intelligence agencies, said a congressional official with knowledge of the matter…

In documents that were publicly released, Intelligence Community Inspector General I. Charles McCullough III said State Department officials had warned that there were “potentially hundreds of classified emails” on Clinton’s private server…

State Department officials routinely gather and report diplomatic information that “in an intelligence context could be read very differently,” said Fitzpatrick, the director of the Information Security Oversight Office at the National Archives.

Government employees with access to classified information are trained to identify classified information, Fitzpatrick said.

“The requirement to mark is so that you know it when you see it,” he said. “Failure to observe any of the requirements for marking or safeguarding would be in a category known as a security violation.”

Failing to properly mark information as classified would not necessarily result in criminal charges, he said.

The matter would be far more serious if it were to turn out that there were hundreds of classified emails.

Clinton and the State Department are also in more hot water with a federal judge over using her personal server to evade Freedom of Information Act requests for information from AP and other news organizations, and for the considerable delays in the release of the requested emails.

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