From the start, since we first learned about the home-brew email system then-Secretary of State Hillary Clinton set up for conducting her government business, I’ve argued that she very likely committed felony violations of federal law. Yet it appears I underestimated the gravity of her misconduct — ironically, by giving her the benefit of the doubt on a significant aspect of the scheme.
When the scandal went public in March 2015, Mrs. Clinton — already the presumptive Democratic presidential nominee — held a press conference to explain herself. Among other well-documented whoppers, she maintained that she had never stored classified documents on, or transmitted them via, her private server. I theorized that she was exploiting the public’s unfamiliarity with how classified information is handled in government systems:
In the government, classified documents are maintained on separate, super-highly secured systems. … Mrs. Clinton would not have been able to access classified documents even from a “.gov” account [i.e., a non-classified State Department account], much less from her private account — she’d need to use the classified system. In fact, many government officials with security clearances read “hard copies” of classified documents in facilities designed for that purpose rather than accessing them on computers.
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[S]ince we’re dealing with Clintonian parsing here, we must consider the distinction between classified documents and classified information — the latter being what is laid out in the former. It is not enough for a government official with a top-secret clearance to refrain from storing classified documents on private e-mail; the official is also forbidden to discuss the information contained in those documents. The fact that Mrs. Clinton says she did not store classified documents on her private server, which is very likely true, does not discount the distinct possibility that she discussed classified matters in private e-mails.