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
44 U.S. Code § 3106 - Unlawful removal, destruction of records
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.
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