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The FBI is expanding the parameters of its probe into Hillary Clinton’s emails.
Fox News reported on Thursday that “agents are looking at U.S. Code 18, Section 1001, which pertains to ‘materially false’ statements given [by government employees] either in writing, orally or through a third party. Violations also include pressuring a third party to conspire in a cover-up. Each felony violation is subject to five years in prison.”
“The agents involved are under a lot of pressure and are busting a–,” an intelligence source, who was not authorized to speak on the record, told Fox News.
Section 1001 can be applied, “when individuals make misleading or false statements causing federal agents to expend additional resources and time,” according to the news outlet. The provision even encompasses statements that were not made under oath, according to Fox News judicial analyst Judge Andrew Napolitano.
“This is a broad, brush statute that punishes individuals who are not direct and fulsome in their answers,” former FBI agent Timothy Gill explained. “The problem for a defendant is when their statements cause the bureau to expend more time, energy, resources to de-conflict their statements with the evidence.”
Clinton initially said in the spring, when the private server email story broke, “I did not email any classified material to anyone on my email. There is no classified material.” Later in the summer, she revised her statement explaining that she had not sent or received emails that were “marked classified at the time.”
The FBI is also exploring potential violations under the Espionage Act regarding provisions relating to “gross negligence” in the handling of national defense information.
As reported by Western Journalism, the former secretary of state was made aware of her responsibility to properly protect classified information, which included signing at least two non-disclosure agreements her second day in office.
Nevertheless, Clinton placed classified material on an unsecured server, which could easily be hacked through the Internet. Additionally, she turned over her server to a Denver-based IT firm, whose employees did not have security clearances, and to her attorney, who also lacked a clearance.
Former CIA director Gen. David Petraeus was indicted and convicted for what appears to be a far lesser breach of his duty to protect classified information.
The State Department has now found between 600-700 Clinton emails containing classified information, according to Politico.
Fox News reports:
…at least four classified Clinton emails had their markings changed to a category that shields the content from Congress and the public, in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server.
One State Department lawyer involved in the alleged re-categorization was Kate Duval. Duval once worked in the same law firm as Clinton’s current and long-time lawyer David Kendall and at the IRS during the Lois Lerner email controversy. Duval left government service for private practice in mid-September.