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Where’s Hillary Clinton’s OF-109 Form? If Signed, She Broke the Law!



As Secretary Of State, Clinton Violated State Department Employment Policy She Made All Other Employees Comply With


Yesterday, The Associated Press Reported That Under Clinton All Outgoing State Department Employees Had To Sign A “‘Separation Statement’ Declaring They Had ‘Surrendered To Responsible Officials All Unclassified Documents’ Related To Official Business.” “The Republican National Committee used the vacuum Monday to keep the pressure on Clinton, noting a State Department policy requiring all outgoing employees to turn over job-related materials before leaving. The policy required such employees to sign a ‘separation statement’ declaring they had ‘surrendered to responsible officials all unclassified documents’ related to official business during their employment.” (Jill Colvin and Ken Thomas, “Clinton Avoids Email Controversy At Women’s Event,”The Associated Press , 3/9/15)

“It Was Not Immediately Clear If Clinton Signed The Agreement,” Even Though “The Secretary Of State Is Supposed To Follow Such Department Policies.” “Clinton left the State Department in early 2013. It was not immediately clear if Clinton signed the agreement but State Department spokeswoman Jen Psaki said the secretary of state is supposed to follow such department policies. A Clinton spokesman did not immediately comment.” (Jill Colvin and Ken Thomas, “Clinton Avoids Email Controversy At Women’s Event,”The Associated Press , 3/9/15)

Clinton Did Not Hand Over Work Related Emails Until Nearly Two Years After Stepping Down In Early 2013. “It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.” (Michael S. Schmidt, “Hillary Clinton Used Personal Email Account At State Dept., Possibly Breaking Rules,” The New York Times , 3/2/15)

State Department Regulations Require The Completion Of A Separation Statement That Governs Information To Be Handed Over After Official Employment

According To A 2003 State Department Regulation 12 FAM 564.4 “Termination,” State Department Employees Are Subject To “A Security Debriefing” And Completion A “Separation Statement.” “A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4).” (U.S. State Department Foreign Affairs Manual, 12 FAM 564.4, 2/13/03)

The State Department’s Separation Form Requires Employees To Surrender Unclassified And Classified Information Regarding Official Government Business

State Department Form OF-109, “Separation Statement,” Also Requires Employees To Acknowledge That They “Have Surrendered To Responsible Officials All Unclassified Documents And Papers Relating To The Official Business Of The Government…” “I have surrendered to responsible officials all unclassified documents, and papers relating to the official business of the Government acquired by me while in the employ of the Department.” (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)

State Department Form OF-109, “Separation Statement,” Requires Employees To Acknowledge That They “Have Surrendered To Responsible Officials All Classified Or Administratively Controlled Documents.” “I have surrendered to responsible officials all classified or administratively controlled documents and material with which I was charged or which I had in my possession. I am not retaining in my possession, custody, or control documents or material containing classified or administratively controlled information furnished to me during the course of such employment as developed as a consequence thereof, including any diaries, memorandums of conversation, or other documents of a personal nature that contain classified or administratively controlled information.” (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)

State Department Form OF-109, “Separation Statement,” Notes “Criminal Penalties” For “Knowingly And Willfully Falsifying Or Concealing Material Fact” In Official Government Statements. “I have been advised by the Interviewing officer whose signature appears below and fully understand that Section 1001 of Title 18, United States Code, provides criminal penalties for knowingly and willfully falsifying or concealing material fact in a statement or document submitted to any department or agency of the United States Government concerning a matter under its jurisdiction.” (U.S. State Department Foreign Affairs Manual, 12 FAM 564 Exhibit 564.4, 4/17/07)​

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  1. Travis Miller

    March 12, 2015 at 4:08 am

    It turns out that in 2012, while Hillary was still in charge of the State Department, the Ambassador to Kenya, Scott Gration, was fired from his position for using a private email account to conduct business.

    This was apparently in violation of Hillary’s own rules, rules that she herself was hypocritically breaking while enforcing them on others.

    Such was the message delivered by Gration, also a retired Air Force general, who called the whole situation an obvious double standard.

  2. RogerOgden

    March 12, 2015 at 7:43 am

    This article is total BS. You have to surrender classified documents, not all unclassified documents. However, Hillary broke the law in other ways.

    • Bryan V.

      March 12, 2015 at 9:35 am

      One would be a fool to think that the US Secretary of State would not have any classified information in any emails during their entire time working there.

    • assmunch

      March 12, 2015 at 2:30 pm

      It’s obvious that Hillary had a parallel government running were she took money from foreign government for campaigning.

  3. shatzy48

    March 12, 2015 at 9:23 am

    If she did not sign OF-109 it was a serious procedural breach. If she did sign it she committed a felony as she had not turned over her documents at that time, and the form is absolutely clear as to the penalties for violation.

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