2016 Postmortem
Related: About this forumHillary Clinton’s misuse of email undermines her candidacy
http://www.sacbee.com/opinion/editorials/article30659301.htmlClintons apologists have pointed to reporting mistakes and enemies hyperbole to avoid confronting questions raised by her conduct. That will go only so far. The New York Times wrote this weekend that FBI agents are asking questions about Platte Rivers security measures.
We agree in concept that the government classifies too many documents. But until the law is changed, its not up to any one official to determine who can see what, even if that official is the nations top diplomat....
Clinton partisans will glibly brush off the questions as being driven by Republican partisans. Clearly, Republicans are hot on her trail. But because of Clintons apparent belief that regular rules dont apply to her, she opened herself up to the attack.
benld74
(9,911 posts)Please inform me if I am mistaken and state the law.
KamaAina
(78,249 posts)but he's still managed to damage his candidacy.
HappyPlace
(568 posts)One might expect a Secretary of State to be particularly careful with sensitive emails, regardless of laws or lack thereof.
Further, one whom aspires to the highest office might consider the impact of such a move and thus not use their own server.
It's the lack of concern and lack of common sense that gives one pause.
leveymg
(36,418 posts)Last edited Tue Aug 11, 2015, 06:18 PM - Edit history (1)
It isn't her use of a private system, but her subsequently failure to turn official email over to the National Archives for indexing and classification. While that is a federal law that she apparently knowingly avoided and violated, there are no penalties (jail or monetary fines) attached. It's a command to the head of agencies to carry out a duty. Here's the cite: https://www.law.cornell.edu/uscode/text/44/3106
US Code
Notes
Authorities (CFR)
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The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
It has also been alleged that she violated a safekeeping provision of the 1917 Espionage Act by destroying materials that were obtained from national intelligence sources. There are also sections of the 1917 Act that might apply if it could be shown she unlawfully retained or transferred classified materials, but that requires a showing of intent for the criminal sanctions to have effect, and would be difficult to prosecute.
FarPoint
(12,481 posts)I know what is evil and it is not Hillary and her emails. Far, far from it.
If we keep eating our own so to speak, then we will indeed have another republican dynasty in the White House. That will finish off their plan to live the lifestyle seen in the "Hunger Games". The haves and the workers....I'll be a poor worker.
dgibby
(9,474 posts)but I think most of this is being driven by the same Republicans that have(and continue to) hounded her to death about Benghazi. I'm more than willing to give her the benefit of the doubt on this.
DanTex
(20,709 posts)askew
(1,464 posts)There are about 5 lawsuits, sworn affidavits, FBI investigations, IG investigations, congressional investigations. It is a giant mess.
Tierra_y_Libertad
(50,414 posts)okasha
(11,573 posts)When they've run out of steam on this one, they'll start blaming her for the weather.
Or maybe they can try to resuscitate Whitewater.
murielm99
(30,782 posts)Chappaquiddick, too. It was not Teddy at all. Hillary was lurking in the water.
tritsofme
(17,435 posts)Coincidence? I think not!
KamaAina
(78,249 posts)HereSince1628
(36,063 posts)with her persona.
She's running on intelligence, ability and experience, but she's also going to be judged on issues of personality and character.
Mileage is going to vary on how that plays with individual voters.
Lil Missy
(17,865 posts)leveymg
(36,418 posts)okasha
(11,573 posts)in which 15%>60%.
restorefreedom
(12,655 posts)that is the old math but it puts bernie ahead from the newest info out of nh
http://www.democraticunderground.com/1251512382
Motown_Johnny
(22,308 posts)More than not stating a position on the XL pipeline?
More than Snipergate (which will make Swift Boating look like constructive criticism).
More than the $1.5 million in speaking fees Bill got from a Swiss Bank after Hillary had dealings with them as Sec. of State?
restorefreedom
(12,655 posts)this just puts a loaded grenade into the hands of republicans, whether or not any breach of protocol actually occurred.
and it also adds to the perception that certain ones among us are not subject to the same rules, again whether or not anything was done wrong.
it was just stupid. or arrogant. or both.
either way, if she is the nominee, expect to hear this endlessly from the r nom.