Clinton's Legal Troubles: Did She Break The Law?

Hillary Clinton's use of a private email server during her time as Secretary of State was the subject of intense scrutiny during her 2016 presidential campaign. While no charges were filed, an FBI investigation found evidence of potential violations of the statutes regarding the handling of classified information. FBI Director James Comey stated that Clinton and her aides were extremely careless in their handling of very sensitive, highly classified information. However, he added that no reasonable prosecutor would bring such a case and that no reasonable person should have considered an unclassified system appropriate for such discussions.

Did Clinton violate statutes regarding the handling of classified information?

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State was the subject of intense scrutiny and a years-long FBI investigation. The investigation concluded that Clinton's server did not contain any information or emails that were clearly marked as classified. However, federal agencies did retrospectively determine that some of the emails contained information that should have been deemed classified at the time they were sent.

Clinton's use of a private email system and server was alleged to have violated federal law, specifically 18 U.S. Code § 1924, regarding the unauthorized removal and retention of classified documents or materials, as well as State Department protocols and procedures, and regulations governing record-keeping.

The FBI investigation found that Clinton had sent and received 110 emails that should have been regarded as classified at the time they were sent, and approximately 2,000 emails that were retroactively classified, meaning they were not classified when sent. FBI Director James Comey stated that:

> "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case."

Comey added that there was no evidence that Clinton or her colleagues intended to violate laws governing the handling of classified information but that they were "extremely careless in their handling of very sensitive, highly classified information."

Did Clinton obstruct justice?

Hillary Clinton's use of a private email server during her time as Secretary of State led to an investigation by the FBI's Counterintelligence Division into whether she had unlawfully handled classified information. This investigation considered whether Clinton had violated 18 U.S.C. § 1924, which prohibits the unauthorised removal and retention of classified documents or materials.

Clinton's primary defence was that she was unaware of the classification of the emails in question. However, the State Department's review of 30,000 Clinton emails indicated that at least 671 contained classified information. This directly contradicted Clinton's statement that she was confident she had "never sent nor received any information that was classified at the time it was sent and received".

Clinton was also investigated under the Espionage Act, which prohibits the failure to keep national defence information safe. Notably, the information in question did not need to be marked as classified to violate the statute. The FBI concluded its investigation in July 2016, stating that Clinton had been ''extremely careless'' in her handling of classified information but that "no reasonable prosecutor" would bring criminal charges.

While Clinton was not charged with any crime, the controversy surrounding her use of a private email server was the most-covered topic during her 2016 presidential campaign.

Obstruction of Justice

Obstruction of justice is a criminal charge used to prosecute politicians and other public officials who have knowingly attempted to disrupt criminal proceedings or interfere with the workings of the criminal justice system. It is considered an umbrella term covering a variety of specific crimes, including perjury, making false statements to officials, witness tampering, jury tampering, and destruction of evidence.

In the United States, obstruction of justice charges have been brought against several high-profile politicians, including Richard Nixon and Bill Clinton. In 1998, Bill Clinton was impeached for allegedly obstructing justice by trying to influence the testimony of witnesses and encouraging the concealment of evidence in a sexual harassment lawsuit filed against him. He was later acquitted of all charges by the Senate.

While Hillary Clinton's use of a private email server did involve the potential mishandling of classified information, there is no indication that she was ever charged with or investigated for obstruction of justice.

Did Clinton commit perjury?

Hillary Clinton's husband, Bill Clinton, was accused of perjury and obstruction of justice during his presidency. The accusations arose from a sexual relationship he had with Monica Lewinsky, a 22-year-old White House intern. The relationship lasted from 1995 to 1997.

In 1998, Clinton denied having a sexual relationship with Lewinsky, stating: "I did not have sexual relations with that woman, Ms Lewinsky". However, Lewinsky confided in her colleague, Linda Tripp, about the affair, and Tripp secretly recorded their conversations. These recordings were handed to independent counsel Kenneth Starr, who was already investigating Clinton on other matters.

Clinton was impeached by the US House of Representatives in 1998 but was later acquitted of all impeachment charges of perjury and obstruction of justice in a 21-day US Senate trial. He was, however, held in civil contempt of court by Judge Susan Webber Wright for giving misleading testimony regarding the affair and was fined $90,000.

Hillary Clinton issued a statement at the time, reaffirming her commitment to her marriage. She also stated that the allegations were part of a "vast right-wing conspiracy".

The question of whether Bill Clinton committed perjury is complex. During his deposition, he was asked whether he had ever had sexual relations with Lewinsky, as defined in an exhibit. He was given the opportunity to review the definition, which included "genitalia, anus, groin, breast, inner thigh, or buttocks". Clinton denied having sexual relations with Lewinsky under this definition, arguing that he had never contacted these parts of her body and that the definition of "sexual relations" included giving, but not receiving, oral sex.

Some have argued that Clinton's defence was largely correct based on the ordinary understanding of the phrase "sexual relations". However, others have criticised his literalistic dissection of the definition.

Ultimately, the decision of whether Clinton committed perjury rests with the independent prosecutor and Congress.

Did Clinton commit mail fraud?

Hillary Clinton's use of a private email server for official communications while serving as the United States Secretary of State drew controversy and resulted in an FBI investigation. While the FBI found that Clinton had been "extremely careless" in her handling of sensitive information, it was determined that her server did not contain any emails that were clearly marked classified. However, federal agencies did retrospectively deem certain emails as confidential or classified.

Clinton's actions may have violated 18 U.S.C. § 1924, a statute concerning the unauthorized removal and retention of classified documents or materials. This statute is violated when an individual with access to classified information knowingly removes such documents and retains them at an unauthorized location.

The FBI investigation concluded that while there was "evidence of potential violations" of criminal statutes related to the mishandling of classified information, Clinton's actions did not warrant criminal charges. FBI Director James Comey stated that "no reasonable prosecutor" would bring such a case, as there was no evidence of criminal intent.

Clinton's use of a private email server was determined to be a violation of government policy, and she faced intense scrutiny during her 2016 presidential campaign. However, no charges were filed, and the controversy did not result in any legal consequences for Clinton.

Did Clinton commit wire fraud?

Hillary Clinton's use of a private email server during her time as Secretary of State has been the subject of much scrutiny and speculation. While no charges were filed, the controversy was the single most covered topic during her 2016 presidential campaign.

Clinton's use of a private server came to light during an investigation into her conduct and knowledge of the Libyan embassy attack by the U.S. House of Representatives Select Committee on Benghazi. The investigation revealed that Clinton had sent and received emails containing classified information via a private, non-governmental server while serving as Secretary of State.

Strict laws govern the accessing and storage of classified government information. Clinton's primary defence has been that she was unaware of the classification of the emails at the time they were sent or received. However, a State Department review of 30,000 Clinton emails indicated that at least 671 contained classified information, contradicting Clinton's statement that she had "never sent nor received any information that was classified at the time it was sent and received".

The FBI investigated whether Clinton had committed 'gross negligence' under the Espionage Act for failing to keep national defence information safe. Notably, the information did not need to be marked as classified to violate the statute; it was sufficient that Clinton had 'lawful possession' of national defence information and, through gross negligence, permitted it to be removed from its secure location.

While Clinton's potential legal liability for her actions appeared minimal, the political ramifications were significant, especially given the proximity to the Iowa Caucuses. Ultimately, the FBI recommended that the Justice Department decline to prosecute, and no charges were brought against Clinton.

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