PhantomWolf
Penultimate Amazing
- Joined
- Mar 6, 2007
- Messages
- 21,203
The Jan 2016 date is the date that markings were put on it. In fact, the declassify date (precisely 15 years after the date of the email) implies that the State Department considers the email to have been classified as of the date of its creation, which is April 8, 2012.
And yet it was declassified on the exact same date that the classification was added, check the footer.
I think Comey elided over this point when he talked about "up-classification." I believe that it was an error to use such a term because it implies that the emails weren't considered classified at the time they were produced. Almost certainly, most of them were. It is extremely unlikely that some information would be considered unclassified at the time it was created or obtained, and then later, certain events would cause it to become sensitive. Once again, it's the distinction between being classified without markings and classified with markings. It's a distinction without a meaningful legal difference.
The up classification occurs when things change, or because other departments get involved. Consider this. I'm working in Pakistan for the DoS, after a drone strike, I head out to site of the attack and then create a report of the damage, what the media is saying, how it affected the neighbours and so on. All of this is publicly available information, it is seen on Television sets around the world, so what us the point of me classifying my report. There is none, until the CIA see it. For them, anything discussing drones is pat of a top secret project, and so that report would be reclassified Top Secret. Another example may be were basic reports are being sent by an asset about information that could come from many different sources, but then when enough of the reports are filed, it might be enough to identify the asset, thus the reports have their classification changed to protect the asset from being identified.
As Secretary of State, even a thought that Hillary put in the form of an email could be extremely sensitive, but if she doesn't mark it as classified herself, or ask somebody to do it, it won't be marked as classified. It is still classified, however. Context is everything, and it's hard to believe that the Secretary of State was not producing classified information at a prodigious rate, given the importance of her thoughts, opinions, and actions to the national security of the United States.
If this were true, then there would be no unclassified communications system at all.
