Hillary Clinton<\/a><\/span>‘s mishandling of classified information this week to argue he should get probation instead of jail time.<\/p>\nIn the case, Petty Officer 1st Class Kristian Saucier was facing up to 78 months in prison for his conviction on mishandling information. But a federal judge on Friday sentenced him to 12 months instead, as well as six months of low-level home confinement, three years post-release supervision and 100 hours of community service.<\/p>\n
Greg Rinckey, Saucier\u2019s lawyer, said that\u00a0while the judge indicated Clinton’s case did not factor into the sentencing, he believes it played a small, albeit favorable role.<\/p>\n
\u201cHonestly did it help our case? I\u2019m sure it did,\u201d Rinckey said.<\/p>\n
\u201cWe were very concerned that some people that are in high, powerful positions within the United States are selectively prosecuted. So I think it was a valid rationale,\u201d he said.<\/p>\n
Clinton will also be mentioned in a separate case involving Maj. Jason Brezler, who is being discharged from the Marine Corps for mishandling classified information, according to his lawyer Michael Bowe. A hearing in federal court is scheduled for October.<\/p>\n
Brezler used his personal email account in 2012 to send a classified briefing document to fellow Marines in Afghanistan, warning about the potential threat posed by an Afghan police chief. Brezler self-reported his actions to the military.<\/p>\n
\u201cThe FBI has found that Secretary Clinton was \u2018extremely careless\u2019 in her handling of classified information by, among other things, intentionally setting up a secret home server housing highly classified information,\u201d said Brezler\u2019s lawyer, Michael J. Bowe.<\/p>\n
\u201cNevertheless, the current commander-in-chief has publicly stated that none of this impairs her ‘excellent ability to serve’, including as the next commander-in-chief,\u201d he said.\u00a0\u201cIf that is so, then the current commander-in-chief should apply the same standard to Maj. Brezler and all those serving in his administration who have been found unfit to serve for far, far less alleged misconduct.\u201d<\/p>\n
Clinton was investigated by the FBI for criminal wrongdoing in setting up a private email server in her basement, which she used to conduct official business while serving as secretary of state.<\/p>\n
The FBI found that a total of 113 Clinton emails contained classified information at the time they were sent, but found no intent of criminal wrongdoing and did not recommend prosecution.<\/p>\n
Clinton has since defended her claims that she “never sent or received” classified information on her private server since none of them were marked classified. She also said FBI Director James Comey said her answers have been “truthful and consistent,” though she later clarified she specifically meant the answers she gave the FBI were truthful, and consistent with what she’s said publicly.<\/p>\n
Lawyers say the treatment of Clinton will be a factor in how future cases of mishandled classified information are addressed.<\/p>\n
Bradley Moss, a lawyer specializing in national security and security clearance law, said he did not expect the Clinton defense to necessarily be effective.<\/p>\n
Still, he said there could be value in using it to sway judges’ perception of the reasonableness and appropriateness of a punishment.<\/p>\n
\u201cIt\u2019s being brought in to say, \u2018Look, my guy is a simple rank-and-file person who did these three little things. Hillary Clinton \u2026 did all this, and they didn’t do anything to her,\u2019 \u201d Moss said. \u201cIt\u2019s just being thrown in to try to sway the judge however little much it can, to say that something stinks in the state of Denmark.\u201d<\/p>\n
\u201cIt’s meant to be something that says, \u2018And given everything else I\u2019ve told you, let me throw on this one last piece to try to push you across the finish line to get you to agree with my theory,\u2019 \u201d\u00a0he added. \u201cIt’s just an additional piece of leverage … just to try to put some icing on the cake.\u201d<\/p>\n
Moss said the defense could be more relevant as Clinton\u2019s answers to the FBI remain a political story. Republicans are pressing for perjury charges against the former secretary of State over her testimony to the House Benghazi committee.<\/p>\n
\u201cI’m sure other attorneys will use it in the future, especially now that more and more seems to be coming out about how much Hillary knew and whether or not she committed perjury during her testimony,\u201d Moss said. \u201cI predict it will be raised continuously in the future.\u201d<\/p>\n
Some rank-and-file troops also see a double standard when it comes to the rules for handling classified information.<\/p>\n
All troops and Pentagon personnel are required to take an annual online training course on how to protect sensitive and classified information, along with the systems that hold the information.<\/p>\n
The training, viewed by The Hill, features virtually simulated scenarios where a coworker urges unsafe practices, and users have to make the right decisions.\u00a0A sailor told The Hill there’s\u00a0an\u00a0unofficial\u00a0version circulating with Clinton’s face \u201cPhotoshopped\u201d onto the coworker.<\/p>\n
\u201cStore sensitive data only on authorized systems. Don’t transmit, store, or process sensitive information on non-sensitive systems,\u201d the training instructs.<\/p>\n
Violations of the rules for handling classified materials can result in a loss of security clearance and other administrative or criminal measures.<\/p>\n
A former head of Navy intelligence, Rear Adm. Thomas Brooks (Ret.), wrote about the discrepancy this month in a Navy journal that’s being widely read among the military.<\/p>\n
\u201cFor years into the future, people accused of mishandling classified information will be using the \u2018Clinton Defense,\u2019 \u201d he wrote in the August issue of Proceedings Magazine.<\/p>\n
\u201cWere Mrs. Clinton still a government employee, administrative actions could be taken against her, to include the loss of clearances and possibly termination. But she is no longer a government official, and no action of any kind is likely to be taken,\u201d he wrote.<\/p>\n
\u201cOther government employees will be held to the letter of the law, sometimes applied in what appears to be an arbitrary and capricious fashion,\u201d he said.<\/p>\n
Brooks cited Brezler’s case, as well as the case of a Navy reservist who was recently punished for accidentally possessing classified material on a personal thumb drive.<\/p>\n
Moss said if Clinton were still a government employee, she would likely be facing administration action and never be able to hold a security clearance again.<\/p>\n
\u201cUnless she’s the president, and then she’s exempt,\u201d he said. \u201cIf Hillary Clinton had to go through a security clearance process, she’d be in real big\u00a0trouble.\u201d<\/p>\n
Brezler’s attorney said it would be the \u201cultimate hypocrisy\u201d if Clinton became president and Brezler was discharged from the Marine Corps under her tenure.<\/p>\n
\u201cCertainly, if Secretary Clinton becomes the next commander-in-chief it would the ultimate hypocrisy for her to declare others unfit for service based on alleged misconduct equal to or less serious than that she herself engaged,\u201d he said.<\/p>\n
___
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