There is a simple reason why the Federal Record Acts has a simple scope. The simple reason is that any secret information not a guarded by the government will create unintended consequences.
The 44 U.S. Code § 3106 is titled Unlawful Removal, Destruction of Records; the clause (A) is so short that deserves to be quoted: (a)Federal Agency Notification.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.*1*[End Quote]
Numerous times the presidential candidate and former secretary of state, Mrs. Hillary Clinton has mentioned that having a server in her home was authorized and an innocent mistake. So, let us ponder for a minute, for agents of the U.S. Department of State to authorize the installations of servers and having classified information sitting in a basement in Chappaqua, New York would have to justify the violation of the Title 44 § 3106 (a) of the U.S. Code.
The Clintons are former lawyers (or active lawyers, I’m not sure) and both former president and former secretary knows of the consequences of violating laws. Nevertheless, there is one thing even non-lawyers knows: “ignorance of the laws is no defense.”
Hillary’s Blackberry had no passwords according to the deposition of her former aide.
The audit created by the State Department and made public on May 25th, 2016 leaves no doubt that Hillary Clinton violated the 44 U.S. Code § 3106 (a) “Removal, Destruction of Records,” so what?
Many like Senator Dianne Goldman Berman Feinstein (California) has come out on the news and exclaimed that enough is enough and we should move on from the emails. Well, not so fast… There are three problems:
1) possible perjury,
2) violation of the law Title 44,
3) and exposing state secrets.
Many are belittling the violations as forgivable transgressions and that should not curtail Clinton’s road to the White House. After the Inspector General of the State Department released his finding, Mrs. Clinton herself, double-downed on her innocence and that America was kept safe under her watch. Notwithstanding; the Romanian hacker Marcel Lehel Lazar – also known as Guccifer, plead guilty to seven years; and volunteered to the court that he would read Secretary Clinton’s emails. Why would someone plea guilty to hacking and federal offenses, if he did not do it?
Guccifer being transferred by the police.
Furthermore, a new on May 26th, former Clinton aide and now U.S. Ambassador Lewis Lukens in sworn testimony in the case of Hillary Clinton’s privatization of the U.S. Secretary of State’s email is testifying that Clinton never used passwords to access her emails. In sum, using the State Department website would require her to use multiple passwords and having her own private emails would allow here to use no passwords, and for the sake of convenience Secretary Clinton preferred no passwords*2*.
Perhaps it is easy to see how Guccifer could read Secretary Clinton’s emails; especially after Ambassador Lukens testified that no password was required to access her emails. Wait! It gets better! Or it gets worse, depending on your point of view.
Secretary Clinton is no neophyte to email deletions, in fact, while she was the first lady, no less than one million subpoenaed emails were lost thanks to a glitch in the servers of the White House. The investigation of the emails disappearance was named “Project X,” and no findings were ascertained*3*.
Aware of a possible new “Whitewater” investigation or a new “Project X,” the Clintons had a familiarity with emails and their incriminatory disposition. The indefatigable Watergate reporter Carl Berstein alleged that the intention of Hillary of having her own servers was exclusively to bypass the Freedom of Information Act; once the emails are in private server, they are deletable.
The convenience of the emails deletability entered in direct conflict with national safety. Hillary claimed that the United States security was never in peril, yet something interesting happened. Guccifer, was not the only one reading the emails straight out of the Chappaqua basement, there were others.
Nadiya (Nadezhda) Savchenko on trial in a Russian Court
On the other side of planet Earth, there was the prosecution of Nadiya (Nadezhda) Savchenko*4*; and some hacked Clinton’s emails were admitted as evidence in a Russian court of law. In the Russian Court it was disclosed that Mrs. Clinton’s emails that were used as evidence, came from a private server “and not from Top-Secret or U.S. classified government’s archive.” The court would not have allowed government’s email because it would be an admission of espionage, yet coming from Mrs. Clinton’s private server is just an admission of hacking.
One has to ponder, if Guccifer admitted in U.S. court to reading Clinton’s email, if her former aide also testified that Secretary Clinton had a disdain for passwords; how many Clinton emails were copied by the Russian FSB? How many state secrets were possibly revealed by Clinton’s action in her request for convenience?
Firstly alleged as convenience; now the private servers have implicated a Romanian hacker and some of Mrs. Clinton’s email were used as evidence in the prosecution of Nadiya (Nadezhda) Savchenko.
Once again, there is a simple reason why the Federal Record Acts has a limited, yet clear scope; the protection of national security. Any secret information not a guard by the government will create unintended consequences. Whitewater went on for years, it is very unlikely that the email and Clinton Foundation investigations will find an end before the 2017 presidential inauguration.
If what happened on May 14th, 2016 was democracy, it is hard to imagine what dictatorship feels like. For the last few days I have been hearing most of the media demonizing Bernie Sanders and even more Bernie Sanders supporters. The amazing thing is that I was a volunteer for the Nevada Democratic Party for two days and I neither saw any reporter nor I saw any professional cameraman, except for the one hired by the Nevada Democratic Party (“NDP”) to record the event.
270 Degrees of the Nevada State Convention, May 14th, 2016
Since Sunday, I have been hearing the spin in the media of how the whole fiasco is supposed to be blamed on Bernie Sanders and his supporters. How can the media be certain of such claim if no media was ever present at the May 14th, 2016 Convention? Not even local channels were present neither in the hall nor the aisles of the Paris Casino.
It is sobering to see the media make accusations of fights in the hall, chairs thrown when none of that happened and I was there for the event. Under oath, I can say that nobody ever threw a chair across the hall, first of all they were convention chairs; they are really heavy; unlike the metal fold up chairs. Also under oath, I can testify that at during the whole convention nobody ever jumped on to the stage to protest the event. I saw CNN mention that there were a fights, yet the only footage shows a security officer attending a person who fainted because the convention was going throughout the whole day. It started a 7 A.M. for some of us (including myself) and ended about 10 P.M.
I can provide a honest account of the events because I volunteered for the NDP for two days. On Friday, May 13th, 2016, I registered delegates for the event. Most of us had Samsung Galaxy pads others had while laptops.
Here I was volunteering for two days registering delegates for the Nevada Democratic State Convention
On May 14th, 2016; I continued to volunteer on the same Samsung Galaxy tablet to register delegates until 10 A.M. When I left my volunteered post I just walked into the hall. There were no head count, there were no examination of my credentials, I just waltz in and found my designated area—Clark County Sanders’ Supporters. The hall was divided by counties and candidates.
One of the first things that was ease to notice was the NDP Convention had two American flags: One was stretching from ceiling to stage and the second was a smaller one a pole, to the left of the stage. The second thing that was easy to notice was two major video panel perhaps 12 feet across one at each side of the convention; between the center flag and the video panels were several banners of the politicians running for office. Finally, an easy thing to notice, right to the stage, there were three major banners hanging from the ceiling, Hillary, Hillary, Hillary, and each banner was about 8 feet across. What was evident to me in the first five minutes of walking in, is that even the decoration of the room was biased, because while on the right of the stage there were three banners for Hillary, on the left there was nothing for Bernie. When one examines the hall decoration in the photos, one could conclude that Hillary was having the convention unopposed.
The bias in the decoration, three banners with Hillary’s name and no banners for Bernie Sanders at all.
The convention started badly and it got worse. I am only testifying about the things that I saw, perhaps there were other shenanigans; but I do not want to assume. I am just reporting. The NDP Chair Roberta Lange decided to change the rules of the convention. Most conventions run under Robert’s Rules of Order; but about 10:30 A.M. the NDP decided to adopt “Temporary Rules.” The Hillary side accepted the idea unanimously, while the Bernie side declined the change of rules. The NDP passed the rules even when the oral objection was much louder than the approval. By the way, remember that I mentioned that there were no one counting members’ participation at the doors? The doors during the convention were unlocked? In fact, I just “waltzed” to my seat? The practice made it easier for the DNC or the NDP to present any number of participants they saw necessary to post Hillary as the winner of the convention.
The NDP adopted the Friday’s registration as the official count of the Saturday convention’s attendance; which is against Robert’s Rules of Order. The Bernie delegates began to notice that the convention was being rigged. They shouted for hours to have the floor delegates counted and each time the recount was not even acknowledged. In fact, even the political candidate and lawyer Jesse Sbaih; from the podium, called for a recount and the NDP again did not entertain to pass a recount to a vote, even when the request came from the stage and from the podium. The rest of the day was one voting after another without consideration for a recount.
Perhaps not the best way to describe the Nevada State Convention is to compare to a Roman orgy; the comparison rises from the fact that some are the rulers and the ruled have no choice but to take the abuse in orderly fashion. A more sanitized way to look at the Nevada State Convention is to compare the event to the recurring plot of the old Japanese anime called “Speed Racer.”
Many Millennials may not have any idea of the cartoon; but every single plot was Speed Racer trying to win a car race honestly, and every single time not only he had to be a good racer, but Speed Racer had to anticipate all of the sabotages and road blocks showing up through the race. So, Speed Racer had to fight the Iowa’s vote recount, the Arizona’s extreme long lines, the 128,000 loss of voters registration in New York, and now Speed Racer had to fight Roberta Lange’s disenfranchisement of delegates in Nevada. Oh, I’m sorry! Did I say Speed Racer instead of Bernie Sanders? I guess I did because it is basically about obstructions in a race; basically the same plot, but one is a car race and the other a presidential race.
Most Bernie Sanders delegates, including yours truly, were hoping for a honest convention without new rules, without being insulted by Barbara Boxer, and with rules of order expecting a yeah or nay in proper fashion, instead, no proper count of the attendance was taken on the Saturday, and no recount was acknowledged or voted on. Most of the nation is hearing reports of media who never attended the event. Second accounts and hearsay provided by the Nevada Democratic Party, the same guys who never hung a single banner with the name Bernie Sanders from the convention’s ceiling. The media is reporting gratuitous disobedience from Bernie’s without investigating why the frustration was verbalized in shouts and chants.
Today, it is surreal to see Wolf Blitzer, Anderson Cooper, Chris Matthews and many other pundits, saying that the Convention was a total chaos; reporting the version provided by the DNC and without taking the time to investigate the frustration that led to the chaotic event.
Here are some of the things that never happened in the convention:
Nobody was arrested for fights inside the convention.
Chairs were never thrown across the hall.
Nobody climbed the stage and forced themselves onto the podium.
Nobody made death threats to any anyone on stage.
There are plenty of videos in the internet showing what I have just testified. In fact, CNN used a video of a person who fainted and claimed that it was part of a fight. Please notice that all the videos presented by the media were shot using phone cameras.
The definition of a masochist is a person who lacks self respect and enjoys being abused. I am not a masochist; I have no doubt that many Nevada Democrats changed their party affiliation after the way they were treated Saturday. I changed my political registration from non-partisan, so I could vote for Bernie Sanders in the caucus and conventions, to continue to be a Democrat is to accept masochism.
There’s never a bad day in the life of a writer, everything is material for a book, so my participation in the Sin City’s Disenfranchisement eventually will be part of a novel. Conversely; perhaps there has never been a bad day in a campaign of Bernie Sanders, everyday is a free publicity day. For a candidate who has been in politics for more than 50 years and whose wife has a degree in political science. The Bernie Sanders participation in the Democratic Party is nothing more than a way to get free publicity before the general election (please study the election of 1860 or wait for my next blog). Most people do not know that there are other political parties in the United States, like the Green Party, the American Freedom Party, the Constitution Party, the Independent American Party, the Libertarian Party, the Party of Socialism and Liberation, the Peace and Freedom Party, the Prohibition Party, the Socialist Party USA, the Socialist Equality Party, the Socialist Workers Party, and the Workers World Party. If Bernie Sanders had not joined the Democratic Party, Hillary’s coronation already been completed, and Bernie Sanders would be just another anonymous name in an anonymous party. The silver lining of the Sin City’s Disenfranchisement, is that Roberta Lange is providing a lot more free publicity that Bernie originally anticipated.
Just imagined that Sin City’s Democrats had followed Robert’s Rule of Order, the name Bernie Sanders would get less publicity; instead, there are plenty of video recording showing Sin City’s Disenfranchisement to thousands of Nevada delegates offending millions and millions of Democrats and independents across the nation. The race is not over, and for Speed Racer fans and Bernie Sanders fans like me, if I may borrow the lyrics of Speed Racer theme song:
“And when the odds are against him And there’s dangerous work to do You bet your life Bernie Sanders Will see it through.
Go Bernie Sanders Go Bernie Sanders Go Bernie Sanders, Go!”
Bernie Sanders as Speed Racer in Presidential Race
I decided to add some photos I took during the Nevada State Convention to show that some of the allegations of violence and chairs thrown are false.
This first photo was taken on Friday May 13th, handing delegates their credentials for the day after.
The Nevada Democratic Party took the handing of credentials as actual count of delegates on the day after.
In fact the video show a member of the Nevada Democratic Party volunteering these words “According to registration up to 9:30 AM on Saturday.” This means that people were never counted in the room, but their registration of the day before. Bernie Sanders Camp brought pizzas to his delegates, some Hillary supporters gave up Hillary’s stickers so they could grab some Bernie’s pizza.
This is a 270 degrees photo looking back at the hall at Paris Casino. Perhaps a historical day yet to be determined.
It is a difficult thing to include oneself in a 270 degree photos, this is a compromise.
Here I am next to Campaign Organizer for Bernie in Nevada Joan Kato
The State delegates had to group in counties to choose national delegate to go to Philadelphia.
Bernie’s crowd objected to the line highlighted in yellow because it was too vague regarding revision of the super-delegates.
Please notice that the police officers were protecting an empty stage, the Nevada Democratic Party had left as soon as the policemen arrived. This is tantamount to posturing because there was nothing no one and nothing to protect, an unnecessary show of force.
Do you remember CNN reporting chairs flying and fights?
Two things: These chairs are heavy to fly and secondly, how can the chairs be in orderly fashion if the hall was in chaos? Answer: Propaganda from MSM, as the participants left the room was in order.
No media either local or national were ever present in the aisles or inside the convention. The only camera ever in the room was hired by the NDP, the recording could be subpoenaed by a court of law to show improper quorum call.
This picture below is further proof that no chairs were thrown about like broadcast on CNN for most of the week.
Most people have already left the hall, this is the end of the night.
On my way out of the hall, someone left a little piece of art, “The night democracy died!”
At this point the most delegates had left the room and the crew of the Paris Casino were removing the audio equipment from the ceiling, please notice that the room was never disrupted, all chairs were in proper order. Please notice that the cops are leaving the stage and going to the back of the hall once again.
It was a long day between volunteering and participating in the Convention, I interviewed one of the police officers asking when were they requested. He told me that they were requested 30 minutes before they arrived this would time their arrival with the closing of the convention. Premeditated by the Nevada Democratic Party.
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