This blog post today relies up another blog post by Chetan Hebbale. Judging by his credentials, he's a scientist and has a very strong interest in genetics. OK, he's not a lawyer. But he knows enough to get an abridged version of a 24,000 word blog post on this subject published at the Georgia Political Review.
His article, "Do I Really Need to Worry About Hillary’s Emails? Yes. She Will Be Indicted. (Full Form)", explains in detail how we learned that she was using her own email server to handle official communications during her tenure as Secretary of State. Hillary has said that she didn't know she was passing classified information through her own email account through an unsecured, unencrypted server and messaging system. The record shows that she passed classified information to many people who did not hold a clearance to see that information. She also transported that server containing classified information to a company for maintenance and hosting, and the people in that company did not have clearance.
It is clear that Hillary has no intention of harming the United States. But that is not what the law focuses on. The law is only concerned about the information and the security of the same. Which law are we talking about? The law within and governed by her non-disclosure agreement. Under that law, it doesn't matter if she knew she was passing classified information to others without clearance. The law only cares if she did pass that information.
A few words about the author of the blog post upon which this post relies: Chetan Hebbale is not some right-wing fringe blogger:
"Despite being a mostly liberal Democrat and a Hillary admirer, I’ve come to the conclusion that Hillary Clinton and her aides not only violated numerous federal criminal statutes, but may have conducted a cover up to hide incriminating evidence – the likes of which forced Richard Nixon to resign as President."I will leave all the gory details to you to read in his articles and focus instead on the issue of insubordination. Hillary Clinton was approached more than once about the use of her own email on her own phone and was offered a government email account and phone at no cost to her. She declined all assistance more than once and insisted on using her own email account and server. The rules and regulations permit her to use her own device and email account, so long as the information being passed was not classified. She was given an email account to use which she never activated and never used, so if she was going to send or receive any classified information it wasn't through authorized channels.
Upon entering office as Secretary of State, Hillary Clinton signed an employment agreement, passed a background check and signed a Non-disclosure agreement. These are standard operating procedures for high level government positions, and many, many businesses. If an ordinary employee had done what she did, she would almost certainly have been terminated the moment any leaks were exposed.
If she were in the armed services, this would be insubordination, quite literally, and she would be ejected from the military or court-marshaled. You know how it is, "loose lips lose ships". Hilary is asking us to elect her as Commander In Chief, despite her willingness to insubordinate her superiors - and the people.
Here is another way to look at insubordination. The people elect representatives. Those representatives pass laws and delegate authority to agency heads in the executive branch to execute and enforce those laws. Hillary Clinton was an agency head for 4 years and decided that at least one law didn't apply to her.
Everyone is expected to adhere to those laws or face penalties prescribed by those laws. Even the president. The president is the chief executive and has a duty to enforce those laws. When he appoints someone to office, and Congress confirms that appointment, the president has a reasonable expectation that the laws of this nation will be carried out by his subordinates.
When Hillary uses her own email server and address to transmit classified information rather than the one provided to her at government expense, that is insubordination. Not just to the president, but also to the people. As a result of her indiscretions, she will be referred for indictment. But whether or not she will be prosecuted is a political decision that only Loretta Lynch, the US Attorney General can make.
During all that time, certain people knew what was going on and asked Hillary to correct and she refused. She was a cabinet level officer of the US government and few others could command her to correct the situation. Hillary seems to believe that she operates under a separate set of rules from everyone else. As an ordinary employee, she would have been terminated long ago. But as the former first lady, she gets a pass? Really?
When I vote to elect someone to the office of President of The United States, I expect that person to follow the laws just like everyone else. To do anything else is insubordination of the will of The People.