Rep. Russell, OK: 9/12/2016 Hearing: FBI Refuses to Say Mishandling Docs is "Breach of Law"

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• published: 17 Sep 2016
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Rep. Steve Russell, OK Q. "...If none of the documents had a classification mark as what has been asserted by many, then how would Top Secret Special Access Information find its way into an unclassified e-mail's content? Anyone can take that. Mr. Herring?" FBI Asst Director Jason Herring A. "I do think this is something we should talk about in the next closed setting." Rep. Russell Q. "Okay. Um. We will. If a sender of information knows that they are sending info that came from a classified source, then, I guess, would that be a BREACH of LAW? If they're sending it unclassified?" Or if they are providing the details of that info in some form in an unclass, would that be a BREACH of LAW?" FBI Herring A. "I think from my perspective, um, I don't want to speculate what the investigative team here did, I mean--" Rep. Russell Q. "--We're not talking intent, we're just talking about--" FBI Herring A. "Well, I mean, I think there is, there is intent, those things you look at, in those kind of cases, it's very fact specific, but, uh, you know, we're not really in, for the investigative team, I mean, uh, hesitate to..." Rep. Russell Q. "So, if they willfully know that they are taking it from a Classified source to an unclassified source, is that a BREACH of LAW?" FBI Herring A. [Deer in Headlights] Rep. Russell Q. "Mr. Kadzik, Department of Justice?" Peter Kadzik, Asst Atty General, DOJ A. "iiiit's hard to answer a hypothetical. Un, and--" Rep. Russell Q. "--This is pretty straight forward." Kadzik A. "Uh, Uh, no case is straight forward until you look at the particular facts." Rep. Russell Q. "So, I guess, then, if they didn't know, is it appropriate to have an unqualified person handle that info?" Kadzik A. "I DON'T KNOW WHAT YOU MEAN BY UNQUALIFIED." Rep. Russell Q. "Not cleared to handle that level of information. TOP SECRET. SENSITIVE ACCESS PROGRAM INFO." Kadzik A. "Well, there are restrictions on access and one has to have appropriate clearances--" Rep. Russell Q. "--Absolutely." Kadzik A. "--in order to handle--" Rep. Russell Q. "--and yet we see that we did have Top Secret, Special Access Program Info, is that correct?" * * * Rep. Russell Q. "Mr. Herring? FBI Herring A. "That really is something that is for the next closed--" Rep. Russell Q. "Mr. Comey said in an open source hearing room that it was so. And, so I guess, if you allow unqualified handlers to access that--another question would be if a leader, director, or secretary directed their staff to handle Secret or Sensitive info in an unauthorized manner, have they BREACHED the LAW?" SILENCE FBI Herring A. "Sir, we are here to talk about the process of getting the docs to Congress, not--" Rep. Russell Q. "But it's very important because I've heard your testimony, Mr. Herring, and others that the FBI was clearly able to deduce what was Sensitive Access Info, what was Sensitive Info what was Classified Info, so much so that in order to guard it, they were able to prohibit even Congress from maybe seeing some of that because of its sensitivity. We also know the Dept of State had those same concerns that this was so sensitive that those skilled people that are trained at the FBI, and our long-serving members at the Dept of State, who have served from Administration to Administration, they were able to deduce what Classified information was and what Sensitive Information was. And yet, we're to believe, somehow, that Mrs. Clinton, a former First Lady, a former United States Senator, cleared at the highest levels when she was in that capacity, and a former Secretary of State, when she was in that capacity, would not really be able to deduce that. How is that, Mr. Herring? How do you think that that could be? That you and all of you professionals in the FBI and Mrs. Frifield, and all of the professionals that are in the Department of State, and we have all of our Intelligence community...they're able to deduce what that is. And when I had a Top Secret SCI clearance, in my more than two decades in the military, I mean, I understood what Top Secret information was. How is it that all of us could figure that out and yet we're to believe that, oh, there's no marking on it, gosh, I'm not sure, I don't know. Would you care to answer that please?" FBI Herring A. "Uh, Director Comey addressed this specifically in his testimony before this Committee and I would defer to his record for those types of questions." Rep. Russell Q. "Well, and that's why I asked the first questions. How could people even gain access? How can you take it from a cleared one, we just talked about SCIF with Mr. DeSantis questions. How is it you can take it from one place to a private server? How is it you can take information from one secure area to an unsecure area? Cut and paste. Willful rewrite. Unqualified handler. These are questions that the American public has a reasonable expectation to answer and that's why we have oversight. And I yield back my time.