Fox News: Information in Dozens of Clinton E-mails ‘Born Classified’

‘Information from a foreign government is always considered classified from the moment it’s received’

CARLSON: “In the meantime, Hillary Clinton's campaign now firing back amid growing fallout from the e-mail controversy. This after a federal judge says Clinton did violate government policy by using a private server as secretary of state. And reports now that dozens of those e-mails on her server were classified from the very beginning disputing what she has repeatedly said. Chief intelligence correspondent Catherine Herridge is live in Washington with more on this today. Catherine, what’s new today?”

HERRIDGE: “Well, thank you Gretchen. This e-mail suggests more classified material does exist on Mrs. Clinton’s server. That particular e-mail was sent in November 2009 by Clinton aide Huma Abedin. And it contains classified information based on a conversation with a British government official. That e-mail was forwarded by Abedin to Mrs. Clinton’s private account. But all the contents now bear the B-1 code which means classified information. That’s because information from a foreign government is always considered classified from the time it's received because it's not owned by the U.S. government and it's not U.S. government property to de-classify or share with another intelligence service. As you mentioned today, Clinton’s team posted a new video to rebut the email fallout.”

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FALLON: “One of the e-mails that the Inspector General has flagged as potentially containing classified information at the time it was sent is actually one, that if you look at it, it is specifically marked unclassified. You can go to the State Department website to this day, look it u and print it out because it remains unclassified.”

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HERRIDGE: “Fallon is referring to that Fox News report earlier this week, and one of two e-mails sent by Clinton aides that triggered the FBI investigation. What Fallon fails to mention in that YouTube video is that the Inspector General for the intelligence community, that’s the intelligence community independent watchdog found that that e-mail was wrongly marked unclassified and that it was classified at the time it was sent. And if I could just emphasize to people, that video was also misleading because the unclassified marking it showed was what was placed on that e-mail when it was sent by the State Department to Capitol Hill. They clearly don't even understand what the markings are supposed to look like, Gretchen.”

CARLSON: “Very, very interesting. OK. So is there evidence of more damage in your mind?”

HERRIDGE: “There is evidence of what the intelligence community calls ‘spillage’. That’s how far the classified goes once it's outside a secure network. Listen to this exclusive interview from Greta last night with the crisis management team for the Denver Company that was holding the server.”

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BOIAN: “We don't look at the data. We manage it and protect it based on what our clients want, and that's what we did here. …The idea of managing data is a complicated one. But this one was very simple. This was to secure the server, make sure that the data in the server was secured at every turn, and we did that, it was a very simple process.”

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HERRIDGE: “Well, there are two problems right there because, when it comes to classified information, the chain of custody matters. And everyone in that chain should have a high security clearance to be handling classified information. So doesn't matter whether you looked inside, it just matters whether you are the custodian of that information. Also in that interview the spokesman for Plat River confirmed that it was held by a separate data site, we believe in New Jersey. So then the question becomes, did that site in New Jersey also have the proper clearances to hold that data? There has been no evidence presented by the campaign that anyone in these change had the necessary clearance to hold that kind of classified information.”

CARLSON: “Story gets more complicated and convoluted.”

HERRIDGE: “It does. Sorry about that.”

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