State released 7,000 more of Hilary Clinton’s emails, those…documents…transmitted via her private, unprotected email server. One hundred fifty of them contained classified information.

State Department spokesman Mark Toner said the emails in question were “subsequently upgraded” to classified. He stressed that none of the emails was considered classified at the time.

This is so utterly disingenuous as to be outright lies. The material in the emails were not “subsequently upgraded” to classified; they were only marked classified after the fact. The material was classified all along.

[S]ome of the information on Clinton’s server was inherently classified. Fox’s analysts cited a memo transmitting information provided by foreign diplomats about Sudan peace talks.

As Shannen Coffin explained, because such information is substantive and comes from foreign diplomats, it is “born classified.”

Information from other sources also is born classified. Recall the first set of emails discovered to be classified (if unmarked as such): they passed along information derived from Talent Keyhole programs.

There are two things about this. All the folks sending, receiving, and reading those emails—TO, FROM, CC, and BCC senders and receivers (and relayers—that’s one reason why the email headers (available only in the electronic copies) are so important), every single one of them—knew or should have known that the material was classified, regardless of their markings. All the folks sending, receiving, or reading those emails should have squawked to the classification authorities of the sender’s office and of State, and to the Security facilities of both offices, about the security violations those emails represented, both by their lack of markings and by their existence on an unclassified, unprotected server.

The other thing is that the mere transmission of such information via unsecured means, or the mere retention of them, however briefly, on unsecured media, is a felony, whether or not the information was properly marked. Everyone in that sequence of transmittal—TO, FROM, CC, and BCC senders and receivers and relayers—who did not so report committed a felony.

Every single one.