2016 Postmortem
In reply to the discussion: Josh Marshall: This was never more than some poor judgment overlayed by a big bureaucratic ... [View all]leveymg
(36,418 posts)Hardly a vindication. The State Dept report didn't even address classified information violations and it intentionally fudged on how the same acts that violated Departmental regulations also violated federal criminal statutes. As usual, most of the meat is in the footnotes.
The DOS report does say HRC violated regulations that implement the Federal Records Act, and cites referenced criminal penalties against destruction of federal records. See page 10, footnotes 40, 41
The report makes further references to Clinton's actions that implicate federal laws:
* Duties to preserve federal records imposed by law upon the head of agency not observed are also cited at p. 12, ft. 48.
* The Secretary failed to timely notify the National Archives of pending destruction of official records according to law. p. 17, ftn 73.
* See, also, section that covers State Department discussions of efforts to recover emails dating back to 2011. pp. 17-19.
* In particular, Pages 26-27 discuss Clinton and staff's failures to fully comply with Departmental records requests after leaving office. The requirement to return classified materials is also imposed by her signed security agreement under penalty of Sec. 793, and 1924.
* The use of an uncertified server for official communications violated federal laws requiring agencies to create and maintain information security certification requirements for all information systems. p. 27, ftns. 114, 115
* Use of noncertified Blackberrys and cell phones is banned inside State Dept facilities (except in strictly nonclassified areas, eg, cafeterias), and may not be connected to Dept. systems on noncertified systems, per State Dept. regulation on Dec 2, 2009. p. 30, ftns 120, 121
* Forwarding of official communications to non-secure email systems has been forbidden since 2004. p. 31, ftn. 129.
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https://www.washingtonpost.com/apps/g/page/politics/state-department-report-on-clintons-email-practices/2039/?tid=a_inl
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