Fbi Investigations: Did Hillary Clinton Break The Law?

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has sparked intense public interest and scrutiny. The Federal Bureau of Investigation (FBI) investigated whether Clinton's actions broke the law, specifically regarding the handling of classified information. Clinton's primary defense has been that she was unaware of the classification of the emails at the time they were sent or received. While the FBI found evidence of potential violations, they decided not to pursue criminal charges, citing a lack of clear evidence of intentional misconduct or criminal intent. However, opinions vary, with some believing Clinton should have faced charges, while others argue that similar situations have been handled differently in the past.

Clinton's use of a private email server

Hillary Clinton's use of a private email server during her tenure as Secretary of State sparked controversy and led to an FBI investigation. Clinton exclusively used a private email server and multiple electronic devices for government business, which was a violation of federal law and State Department protocols.

Clinton's private email server was set up in her home in Chappaqua, New York, before she was sworn in as Secretary of State in 2009. She used the server for all her electronic communication, both work-related and personal, and also set up email addresses for her aides on the same server. Notably, she did not use a state-issued email account, which would have been hosted on government-managed servers.

Clinton's justification for using a private server was convenience, as she preferred carrying a single smartphone for all her correspondence. However, sceptics argued that her private setup gave her complete control over her emails and allowed her to decide what information to disclose to the government or through freedom of information requests.

The FBI investigation concluded that Clinton and her aides were ''extremely careless'' in handling classified information. While no "reasonable prosecutor" would bring a criminal case, the FBI found ''evidence of potential violations'' of statutes concerning the mishandling of classified information. The matter was referred to the Justice Department, which decided not to pursue charges.

The State Department's inspector general report, released in May 2016, determined that Clinton's email system violated government policy, and she did not receive prior approval for its use. The report also highlighted that Clinton did not comply with the Department's policies, which were implemented according to the Federal Records Act.

Clinton's actions had significant political ramifications, particularly during the 2016 presidential election, where she was the Democratic nominee. The controversy received extensive media coverage and was a major point of discussion and contention.

Intent to break the law

The FBI's investigation into Hillary Clinton's use of a private email server while Secretary of State concluded that there was no evidence of intent to break the law. FBI Director James Comey stated that while Clinton and her aides may have violated the law, their actions did not warrant criminal charges. The investigation found no clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information.

The decision not to prosecute rested on the absence of criminal intent, with Comey stating that "prosecutors necessarily weigh a number of factors before bringing charges" and that "to make those decisions responsibly they must consider the context of a person's actions, and how similar situations have been handled in the past".

The investigation did find evidence of potential violations of statutes regarding the handling of classified information. Thousands of emails containing information that should have been treated as government secrets were discovered on Clinton's private server, including eight messages with Top Secret information. The FBI also found that Clinton had been extremely careless in their handling of very sensitive, highly classified information.

Despite this, the FBI concluded that Clinton's actions did not meet the threshold for prosecution when compared to similar cases. Comey stated that "in looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts".

The decision not to prosecute Clinton was controversial, with some, including the FBI's top lawyer, James Baker, initially believing that she should face criminal charges. However, Baker was eventually persuaded that charging Clinton was not appropriate as they could not establish beyond a reasonable doubt that she had the necessary intent to violate the law.

The role of the Obama administration

On the other hand, the Obama administration's Justice Department was also involved in the investigation into Clinton's use of a private email server while she was Secretary of State. This investigation was conducted by the Federal Bureau of Investigation's (FBI) Counterintelligence Division and lasted several years.

The Obama administration's State Department was also implicated in the controversy. Clinton's use of a private email server was a major point of discussion and contention during the 2016 presidential election, in which Clinton was the Democratic nominee. The State Department's Office of the Inspector General released a report in May 2016 about the department's email practices, including Clinton's.

In July 2016, FBI Director James Comey announced that the FBI investigation had concluded that Clinton had been “extremely careless” but recommended no charges be filed as Clinton did not act with criminal intent, which was the historical standard for pursuing prosecution. However, Comey's timing in announcing this decision was contentious, with critics arguing that he violated Department of Justice guidelines and prejudiced the public against Clinton.

The FBI's transparency

FBI Director James Comey provided a detailed statement on the investigation, acknowledging the intense public interest in the case. He explained that the FBI found "evidence of potential violations" of statutes related to mishandling classified information but decided not to recommend criminal charges. Comey cited the lack of clear evidence of intentional misconduct and the context of similar past cases as reasons for their decision. He also mentioned that the FBI found no evidence of computer intrusion by hostile actors, although he assessed that it was possible some may have gained access to Clinton's personal email account.

The investigation also revealed that Clinton had used several different servers and numerous mobile devices during her tenure as Secretary of State, making the process of piecing together the email records a challenging and painstaking undertaking for the FBI. They conducted extensive technical examinations and interviews, including with Clinton herself, to understand the sorting and deletion of emails.

In conclusion, while the FBI provided an unusual level of transparency in this case due to its public interest, there are still lingering questions and debates about the decision-making process and the potential political implications. The investigation revealed Clinton's careless handling of sensitive information, but the FBI ultimately decided not to pursue criminal charges, a choice that continues to be scrutinized and discussed.

The security culture of the State Department

DS is a world leader in protecting people, property, and information. It is responsible for safeguarding U.S. embassies and consulates from espionage, terrorism, and other crimes. This involves the use of complex technical systems and counterintelligence measures. DS also plays a critical role in protecting diplomatic personnel and facilities from terrorists and international criminals, both in the U.S. and abroad.

To achieve its security objectives, DS employs a range of specialists, including Special Agents, Security Engineering Officers, Security Technical Specialists, and Diplomatic Couriers. These personnel work behind the scenes to develop and manage security equipment, provide counter-espionage support, and ensure the security of information and information technology systems.

The security culture within the State Department prioritizes adaptability and innovation. Security personnel must constantly adapt to changing situations, think on their feet, and be flexible in their approach to security challenges. This dynamic environment fosters a culture of creativity and problem-solving, where communication skills and the ability to troubleshoot are highly valued.

The State Department's security culture is committed to advancing the representation and experiences of women in law enforcement. The Diplomatic Security Service (DSS) has signed the 30x30 pledge, joining a coalition committed to increasing the recruitment and support of women in law enforcement roles. This initiative aims to enhance the diversity and inclusivity of the State Department's security culture.

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