Skip to content

Judicial Watch • ODNI security damage assessment HRC email letter Jan 2017

ODNI security damage assessment HRC email letter Jan 2017

ODNI security damage assessment HRC email letter Jan 2017

Page 1: ODNI security damage assessment HRC email letter Jan 2017

Category:

Number of Pages:3

Date Created:January 10, 2017

Date Uploaded to the Library:January 24, 2017

Tags:assesslnent, ludicialWatch, UNAUTHORIZED, damage, ODNI, Confidential, Jan, classified, 2017, HRC, Intelligence, Clintons, SECRET, letter, email, security, Secretary, clinton, National, State Department, Assessment, FBI, FOIA, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Because one above the law!
VIA. CERTIFlED 11AIL
Mr. James Clapper
Director National Intelligence
Office the Director National Intelligence
Washington, 20511
Mr. William Evanina
National Counterintelligence Executive
Office the Director National Intelligence
Washington, 20511
Mr. John Kerry
lJ.S. Secretary State
U.S. Departlnent State
2201 Street .W.
Washington, 20520
Re:
Damage Assess:m.ent Arising from Secretary Hillary Rodham Clintons Use nofiiciai Email Account/Server
Gentletnen:
undoubtedly are aware, during her 2009-13 tenure U.S. Secretary State,
Hillary Rodhanl Clinton used least one unsecure, unofficial en1ail account and one n10re
unsecure,
etnail servers and devices conduct official, State Depalinlent business.
Secretary Clinton continued tnaintain her official. State Departlnent etnails one more
unsecure, unofficial servers and devices after her tenure the departlnent ended. She returned
portion these emails the State DepartInent Decenlber 2014. July 2016, FBI
Director Janles Cotney issued the following assesstnent the emails returned thenSecretary Clinton:
the group 30,000 e-tnails returned the State Department, 110 elnails e-lnail chains have been deternlined the ovvning agency contain classified
information the tinle they vere sent received. Eight those chains
,-vas Top Secret the titne they vere sent; chains
contained information
contained Secret infonnation
tinle; and eight contained Confidential
information, which the lovest level classification. Separate fron1 those~
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudiciaIWatch.org
www.JudicialWatch.org
January 10,
about 2,000 additional e-lnails vere up-classified make then1 Confidential;
the infonnation those had not been classified the tilne the e-mails were sent.
COlneys asseSSlnent continued: With respect the thousands e-lnails that were not mnong
those produced State, agencies have concluded that thTee those were classified the tinle
they were sent received, one the Secret level and 1:vo the confidential leveL lhe
asseSSlnent also found that Secretary Clinton and her colleagues were extrenle1y careless
their handling very sensitive, highly classified information~ and possibLe that hostile
actors gained access Secretary Clintons personal e-nlail account.
According Executive Order 12356, the classification Top Secret shall applied
information, the unauthorized disclosure which reasonably could expected cause
exceptionally grave damage the national security. The classification Secret shall
applied information, the unauthorized disclosure which reasonably could expected
cause serious damage the national security. The classification Confidential shall
applied information, the unauthorized disclosure which reasonably could expected
cause damage the national security.
Intelligence COlnnlunity Directive ((,TCIY) -No. 732 requires damage asseSSinent
conducted when there actual suspected unauthorized disclosure conlprOlnise
classified national intelligence that nlay cause dmnage lJ.S. national security actual
suspected loss, misuse, unauthorized access :modification c1assified national
intelligence that could adversely affect national security.~ The National Security .Act 1947,
amended, Inandates that the Director National Intelligence shall protect intelligence sources
and methods flom unauthorized disc1osure (50 U.S.C. 3024(i)(1 )), and leD No. 700 requires
that agency heads vithin the Intelligence Conlmunity. including the Departrnent State,
[p]rotect national intelligence and intelligence sources, nlethods, and activities from
unauthorized disclosure. fssessing the danlage actual suspected, unauthorized
disclosure plainly ilnportant pm1 protecting intelligence sources, methods~ and activities.
Then-Secretary Clintons use and nlaintenance least one unsecure, unofficial enlail
account and one nl0re unsecure, unofficial email servers and devices send~ receive, and
store Top Secret, Secret, and Confidential infoffilation plainly constitutes, IninilnuIn~
suspected, unauthorized disclosure conlprolnise classified national intelligence
suspected loss, misuse, unauthorized access nlodification classified national
intelligence that nU1Y cause dan1age could adversely affect national security. our
understanding, however. that damage asseSSlnent under lCD No. 732 was undertaken
planned. See, e.g., Bill Ciertz, DNI declined required danlage assessment Clintons leaked
elnail secrets, JYashington Free Beacon, Sept. 14, 2016 (quoting Office the Director
National Intelligence Spokesinen Joel MeLstad saying, ODNI not leading
[intelligence comlTIun1ty]-vide dmnage asseSSlnent and not aware any individual element
conducting such forn1a1 assessments.
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@ludicialWatch.org
www.ludicialWatch.org
January 10,2017
Judicial Watch, Inc. CJudiciaIWatch~~) not-for-proflt educational organization that
seeks promote transparency, accountability, and integrity governnlent and fidelity the
rule law. For Inore than years, Judicial Watch has used the Freedom Infoffilation lct
(FO IA) and other public records laws and investigative tools gather infornlation about the
operations and activities the federal governlnent. submit over 400 FOIA requests
annuaLly, analyze the responses ve receive, and disseminate our findings the public. Judicial
Watch has served dozens FOIA requests either directly ilnplicating Secretary Clintons elnails concerning relating her email practices, attenlpts recover her elnails, and the handling
and storage her elnails, anlong other related subjects. Judicial Vatchs investigatory efforts
regarding Secretary Clintons emails have constituted substantial pOl1ion the organizations
progranlmatic efforts over the past eighteen months. damage asseSSlnent such the one required ICDNo. 732 quintessential type
record that Judicial Watch would request and obtain under FOIA, analyze, and then make
available the public carrying out its educationallnission. Prior dmnage assessnlents,
least portions such assessments, have been Inade public through FOIA othenvise. May
2014, fOr exanlple. FOIA hnvsuit cOlnpeBed the disclosure Defense Intelligence Agency
danlage assessment offornler National Security Agency Contractor Edward Snowdens
cOlnpromise ofclassiiled InateriaL See Leopold US. Dep (?lDefense, Case No. 14-cv-0197
(TSC) (D. District Cohunbia).
The f~tilure undertake the required asseSSlnent hanns Judicial Watch depriving
infonnation ordinarily would request and obtain under FOIA, thus dmnaging its ability carry
out its public interest mission obtaining and disseminating infonnation about the federal
governlnents operations and activities. This especially the case given JudicialW atch
extensive investigation into Secretary Clintons elnails, email practices, and related subjects.
Accordingly, Judicial Watch respectfully requests that the danlage assessnlent required ICD
No. 372 conlmenced without fUl1her delay.
Should the required asseSSlnent not undertaken, are prepared file suit
appropriate federal district court seeking cOlnpel cOlnpliance vith ICD No. 732, that ve
Inight seek and obtain access the asseSSlnent. See. e.g., Federal Election Commissiort
Atkins, 524 IJ.S. (1998); Action Alliance l?ISYenior Citizens v.Heckler, 789 F.2d 931 (D.C.
Cif. 1986). Please advise later than February 10, 2017 assessment will undertaken. not hear froln you that date, will assume asseSSlnent vill undertaken and
win act accordingly.
Thank you for your attention this nlat1er.
Sincerely,
Thomas Fitton
President
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@ludicialWatch.org
www.JudicialWatch.org