After taking office, President Obama wanted more transparency to the American public. He wrote an Executive Order outlining the classification of information. In remembering what Hillary Clinton stated about her emails, it was to provide greater transparency so Americans could know what her work was about.
This Executive Order changed the requirements for classification from the previous administration.
Executive Order 13526
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
PART 1 -- ORIGINAL CLASSIFICATION (click here)
Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the control of the United States Government;
(3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.
(d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction.
Secretary of State had the authority to classify and the Secretary of State had the authority to designate her personnel to classify. If Hillary Clinton states the private server did not contained classified information nor were their classified information received or sent then she is authorized to say so.
Because a US House Benghazi committee can't find any reason to destroy the reputation of Hillary Clinton doesn't mean they even understand or consent to the Executive Order. Under President Obama every person authorized to determine classified status is the law. It was a judgement call based in the knowledge of the person considering the content of an email before him or her.
Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section.
Additionally, today a court ordered the State Department to query the FBI to obtain the progress in their examination of controversial emails.
There has been a court involved in this mess since the beginning. The State Department has worked through the courts answering any inquiries before them. The primary organization seeking the courts intervention is Judicial Watch.
President Obama wanted the American people to have confidence in their government after so much had gone wrong and out of the reach of the American people to understand by the previous administration. Transparency was important to the Obama presidency and this Executive Order reflects exactly that.
This Executive Order changed the requirements for classification from the previous administration.
Executive Order 13526
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
PART 1 -- ORIGINAL CLASSIFICATION (click here)
Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the control of the United States Government;
(3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.
(d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction.
Secretary of State had the authority to classify and the Secretary of State had the authority to designate her personnel to classify. If Hillary Clinton states the private server did not contained classified information nor were their classified information received or sent then she is authorized to say so.
Because a US House Benghazi committee can't find any reason to destroy the reputation of Hillary Clinton doesn't mean they even understand or consent to the Executive Order. Under President Obama every person authorized to determine classified status is the law. It was a judgement call based in the knowledge of the person considering the content of an email before him or her.
Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section.
Additionally, today a court ordered the State Department to query the FBI to obtain the progress in their examination of controversial emails.
There has been a court involved in this mess since the beginning. The State Department has worked through the courts answering any inquiries before them. The primary organization seeking the courts intervention is Judicial Watch.
President Obama wanted the American people to have confidence in their government after so much had gone wrong and out of the reach of the American people to understand by the previous administration. Transparency was important to the Obama presidency and this Executive Order reflects exactly that.
