Nothing here is classified. What I will reveal is little known information (by the general public) about how classified documents are created. Once you understand this process you’ll understand that FBI Director James Comey came to the wrong conclusion.
Documents are classified to protect our nation. There are three defined levels of classification, CONFIDENTIAL, SECRET, and TOP SECRET. There are levels of classification beyond Top Secret known as Special Access. Access to ALL classified documents is by a “need to know” basis only. There are penalties, including fines and imprisonment, for the mishandling of classified information.
Classified information can ONLY be created by the Original Classification Authority (OCA), which is The President of The United States. The President can legally grant OCA powers to other individuals. An OCA designee would be an EXPERT in understanding the classification process. Anyone who works with classified information and is not an OCA can only create DERIVED classified documents.
Who are designated OCAs? That is a very simple question to answer. President Obama issued Executive Order 13526 on 29 December 2009 of his presidency listing who he has granted OCA power to. In EO-13526, section 1.3 “Classification Authority” paragraph a-2, we can see that Agency Heads are given OCA powers. This includes THE SECRETARY OF STATE. If you read further in the document the Secretary of State is given SPECIFIC additional powers to determine extending DECLASSIFICATION dates.
How do we know that an OCA designee is an EXPERT? Read section 1.3 paragraph d., “All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least once a calendar year.” The paragraph describes in detail what this training requires of the OCA designee. Every year the OCA designees MUST undergo training on the classification process and they certify that they have both taken the training and understand the material.
FBI Director James Comey stated that he did not bring charges against then Secretary of State Clinton because he believed she did not understand nor could she recognize what constituted classified information and documents!!! I believe the term Director Comey used was “not sophisticated enough”. His conclusion about her guilt begs the question, does Director Comey himself understand the classification process?
Here’s a link to EO-13526 http://www.archives.gov/about/laws/appendix/13526.html