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As mentioned previously here by (1VB)compforce , and of particular note, taken directly from the FBI's press release:
"From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent."
"Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it."
Bear in mind that she only turned over about half of her emails, the rest being withheld as "personal and private." So who knows what security breaches those emails contained. But just looking at the fact that 110 emails contained confidential or greater security level information at the time they were sent, and that only a small number of those did not have their security level indicators stripped from them... That alone is enough evidence that she should be prosecuted under Section 18 U.S. Code § 793...
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