Hillary’s Crime: Section 1001 (if she didn’t sign a OF-109)

 From: pjmedia.com, by: J. Christian Adams, on: March 12, 2015, see the article HERE. Emphasis is Garnet92’s.

Hillary AND the State Department are backed into a corner on this issue. If Hillary signed the OF-109 statement, she is guilty of a crime. Period.

If she didn’t sign one, why didn’t she? According to State Department regulations, everyone separating from employment, MUST sign this form. If Hillary didn’t sign one, why not?


The upper portion of an OF-109 statement that Hillary should have signed

Shannen Coffin, former counsel to Vice President Dick Cheney, told Fox’s Megyn Kelly on Wednesday night that there is “no doubt” that former Secretary of State Hillary Clinton committed a felony when she didn’t turn over her email records as she left the State Department — if she signed the usual exit form given to all exiting employees.

The State Department’s “Separation Statement,” Form OF-109, can be seen here.

It requires the outgoing State Department employee to certify that all “classified or administratively controlled documents and material” have been “surrendered to responsible officials.” But it doesn’t just require the return of classified materials. It also requires the employee to certify that she has “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.”

We don’t know if there were any classified or administratively controlled materials in the emails on Clinton’s home server. Perhaps she made sure no classified information reached her server homebrew. (If classified information was stored on her home server, then that would raise an entirely different set of concerns and potential legal problems for Clinton. Just ask David Petraeus.)

However, we do know positively that all emails “relating to the official business of the Government” were not returned to the government before the former secretary of state walked out the front door of the State Department in 2013.

She admitted at her press conference on Tuesday that she was just now turning over 50,000 pages of documents.

The final paragraph of OF-109 just before the signature lines warns 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 the federal government.

Section 1001 is the catch-all provision that the Justice Department uses to go after individuals and witnesses who make false statements to government agencies and officials like FBI agents.

It prohibits making “any materially false, fictitious, or fraudulent statement or representation” as well as making or using “any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.”

Section 1001 is routinely used by the FBI to prosecute people who don’t tell the truth to the government. In fact, some managers at the Justice Department instructed employees to threaten people with 1001 actions who were not fully forthcoming in civil investigations.

If Hillary Clinton signed this form, she could be prosecuted under 18 U.S.C. §1001. A knowing and willful violation is a felony, punishable by not more than five years in prison.

One of the most well-known recent cases of a prosecution under this statute was the conviction of Scooter Libby, the former chief of staff to the vice president, who was charged (among other charges) with making a false statement to an FBI agent in connection with the Valerie Plame case.

Celebrity and businesswoman Martha Stewart was also convicted under §1001 in 2004 for making false statements to FBI agents and investigators from the SEC who were investigating her for insider trading, a crime she was never charged with.

Of course, even if Hillary Clinton violated this statute, the probability that this administration and this Department of Justice would ever prosecute Hillary Clinton is probably slim to none. However, Shannen Coffin is certainly correct in his legal analysis. This virtually guarantees that the first question Hillary Clinton or the State Department will be asked by any congressional committee investigating this email fiasco is whether Secretary Clinton signed exit form OF-109.

If she did, then she is going to have a great deal of explaining to do to the American people as to why she believes she was above the usual rules and laws that apply to regular government employees and all the rest of us.


On Megyn Kelly’s show tonight, she revealed that they (FNC) have filed a FOIA request for that ONE document (the OF-109) to determine whether Hillary actually signed it or not. The State Department has 22-30 days to respond. She indicated that if there is no response, they are prepared to file suit in federal court. The plot thickens …….



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12 Responses to Hillary’s Crime: Section 1001 (if she didn’t sign a OF-109)

  1. Kathy says:

    It’s ironic to think that she got away with all the other crimes in her past, only to be brought down by a single form she failed to sign or adhere to when she left. The queen of corruption could be going down because of one piece of paper. How sweet would that be?

  2. captbogus2 says:

    …the paper cut…

  3. Uriel says:

    Ohhh every minute of every day comes 1 step closer to prison time. After all Martha Stewart was not above the law, why should this governmental agent be different. People are finally thinking…..or like Hardnox says a sacrifice to roadkill god is being made. Beware the one to be touted by O et all though.

  4. Clyde says:

    Really, Garnet, “at this point, what difference does it make” ? bwahahahaha Couldn’t resist, my friend. Remember, of ALL the crimes Al Capone did or had done, the damned simplest thing, tax evasion, brought him down. Agree with Uriel’s last sentence. This bunch WILL come up with someone worse than Hitlary.

  5. Hardnox says:

    Interesting… Nail meet Hammer.

    Couldn’t happen to a better nail.

  6. CW says:

    It all depends on what the definition of the word “sign” is…

  7. vonMesser says:

    Personally, I don’t think anything is gonna happen to her – after all, it’s a vast right-wing conspiracy.

  8. Blessed B. says:

    I think I have figured out what all those missing emails are about!

    Remember when the Ebola scare was happening? I had said that they were working on getting this Ebola to do certain things and to use it as bio-weapon. Well…. Hillary had put the plan in place and Obi signed the order form for it to be done….probably without reading it first of course! OR she told him it was to schedule his next golf time!

    Anyways….then the vaccine came out from Canada which was going to be tested on some military personel and they were sent into the contagious areas. They came home and none had Ebola. Hillary told obi that the vaccine worked!

    What she failed to tell him was that all those who had been vaccinated and sent were all white. The Ebola USA only targets blacks. This is why the patent on the virus. So they could get it airborne, the time one is contagious was extended and imminent death was only a few hours after showing symptoms.

    Ever wonder why the Blackhawks at every military base have spray tanks attached?