Hillary's Server: Lawful Or Not?

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has sparked debate about whether or not she broke any laws. Clinton used a private email account and kept all of her emails on a private server in her home, which has since been wiped clean. While a State Department spokeswoman stated that Clinton did not break any rules as federal law allows government officials to use personal email, others argue that she violated the spirit of the law. There are also concerns about the security of her email system, as it came under hacking attacks. The investigation into Clinton's use of a private server is ongoing, and the potential legal and political ramifications are significant.

Did Clinton break record-keeping laws?

Hillary Clinton's use of a private email server during her tenure as Secretary of State from 2009 to 2013 raised questions about her compliance with record-keeping laws.

Clinton exclusively used her personal email account for conducting official business, including communications with foreign leaders and diplomats. This meant that she did not have a government email address during her time at the State Department, and her aides did not preserve her emails on department servers as required by the Federal Records Act. The Federal Records Act mandates that letters and emails written and received by federal officials are government records that must be retained and preserved.

Clinton's spokesperson, Nick Merrill, defended her use of a personal email account, stating that she was complying with the "letter and spirit of the rules." He added that Clinton expected her emails to be retained. The State Department also acknowledged her use of a personal email and asserted that they had access to her records, including emails exchanged with State Department officials.

However, the State Department's Inspector General later stated that this was not an appropriate way to preserve government records. They recommended that Clinton print and file work emails from her private server to comply with record-keeping requirements.

Clinton herself cited convenience as the reason for using a private email server, explaining that she did not want to carry multiple mobile devices. She also mentioned that she believed she was preserving her work records by emailing colleagues on their work emails, assuming those would be captured by government retention procedures.

While the FBI investigation concluded that Clinton did not break any secrecy laws, it raised further questions about her compliance with the Federal Records Act. Ultimately, the decision on whether Clinton broke record-keeping laws may be moot, as violations of the Federal Records Act are typically misdemeanors rather than felonies, and prosecuting them is challenging.

Was Clinton's server secure?

Clinton's use of a private email server for official and personal business while at the Department of State has sparked concerns about the security of her communications. The private email server, located in the basement of her home in Chappaqua, New York, was connected to the Internet in a way that made it more vulnerable to hackers. According to experts, the Microsoft remote desktop service used by Clinton was not intended for such use without additional security measures and had been the subject of US government and industry warnings about attacks from low-skilled intruders.

Records show that Clinton operated two additional devices on her home network that were directly accessible from the Internet. One of these devices contained remote-control software with known security vulnerabilities, while the other appeared to be configured to run websites. Clinton's server also lacked basic security measures, such as encryption for remote access, further exposing it to potential intruders.

Some emails on Clinton's server were later deemed top secret, and many others contained confidential or sensitive information. While Clinton has stated that her server had "numerous safeguards", she has not provided details on the specific security measures in place or how frequently security updates were applied.

The FBI is currently investigating Clinton's server for evidence of hacking, but as of October 2015, there was no indication of an actual breach specifically targeting Clinton. However, the lack of proper security measures on her server made it vulnerable to intrusion, and it is possible that her communications may have been compromised.

In terms of legal consequences, Clinton's use of a private email server has sparked investigations and debates about whether she broke any laws. The central issue is her handling of classified information, as strict laws govern the accessing and storage of such information. While Clinton has claimed she was unaware of the classification of the emails at the time, investigations have found that at least 671 emails sent or received by Clinton contained classified information.

Clinton's actions may violate 18 U.S.C. § 1924, which pertains to the unauthorized removal and retention of classified documents or materials. This statute applies when an individual with access to classified information knowingly removes it without authority and intends to retain it at an unauthorized location. Additionally, the FBI is investigating whether Clinton committed 'gross negligence' under the Espionage Act by failing to keep national defense information safe.

Did Clinton break the Freedom of Information Act?

The Freedom of Information Act (FOIA) is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and hold Congress, agency officials, and the president accountable.

FOIA requests can be submitted by anyone and are typically used by news organizations, businesses, law firms, and individuals. The act applies only to government agencies under the executive branch.

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has been the subject of legal scrutiny. Clinton exclusively used a private email account and kept all of her emails on a private server in her home, rather than using an official government email account. This raised questions about whether she violated the FOIA by circumventing the law's purpose of improving public access to agency records and information.

The chairman of the Senate Judiciary Committee, Republican Sen. Chuck Grassley, charged that Clinton “probably” broke the law and violated the FOIA with her use of a private email server. He argued that Clinton's actions may have made it more difficult for the public to access her work-related emails and that she should not have been the filter for deciding which emails were relevant to her work.

However, the Justice Department weighed in, calling it "sheer speculation" that Clinton withheld any work-related emails. They also noted that the FOIA does not require an agency to search for and produce records that it does not possess or control.

Clinton herself cited "convenience" as the reason for using a private email server, stating that she did not want to carry two mobile devices. She also took the step of asking the State Department to make all her work-related emails public.

While there is debate about whether Clinton broke the law with her use of a private email server, the bottom line is that her actions may have circumvented the spirit of the FOIA by potentially limiting public access to her official communications.

Did Clinton break national security legislation?

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has been the subject of much scrutiny and investigation. The central question is whether Clinton's handling of classified information broke national security legislation.

Clinton's use of a private email 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 Federal Bureau of Investigation's Counterintelligence Division launched an investigation into her allegedly unlawful use of a private server. While Clinton's lies about her awareness of these emails and their preservation may be cause for additional criminal charges, the primary focus of the investigation is her handling of classified information.

Clinton sent and received classified information via email on 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, according to the State Department's review, at least 671 emails sent or received by Clinton contained classified information.

The investigation by the FBI and the Obama Administration Justice Department will determine whether Clinton broke national security legislation. The potential legal consequences of her actions may be minimal, but the political ramifications could be significant, especially given the upcoming Iowa Caucuses.

Did Clinton break Section 1924 of Title 18 of the U.S. Crimes and Criminal Procedure Code?

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has sparked a political and legal controversy. The central issue is whether Clinton unlawfully handled classified information by sending and receiving classified emails through a private, non-governmental server during her tenure as Secretary of State.

Section 1924 of Title 18 of the U.S. Code, also known as the "Unauthorized Removal and Retention of Classified Documents or Materials" statute, criminalizes the knowing removal and retention of classified information at an unauthorized location. The relevant part of the statute states:

> [A]n officer, employee, contractor, or consultant of the United States, ... by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and [does so] with the intent to retain such documents or materials at an unauthorized location.

To convict Clinton of violating Section 1924, it would have to be proven that she knowingly sent or received classified emails on her private server. Clinton has repeatedly denied having any knowledge that the emails in question were classified at the time they were sent or received, stating, "I am confident that I have never sent nor received any information that was classified at the time it was sent and received."

However, the State Department's review of Clinton's emails has identified at least 671 emails containing classified information. Additionally, the inspector general for the U.S. intelligence community concluded that some of the emails exchanged on Clinton's private server contained classified information. Intelligence Community Inspector General I. Charles McCullough III disputed Clinton's claim, stating that some of the material was classified when it was sent, although he acknowledged that the emails did not have classification or dissemination markings.

The consequences of Clinton's actions remain unclear due to the ongoing investigation and the lack of knowledge about the content of the classified emails. If evidence emerges proving that Clinton knowingly handled classified information on her private server, she could face legal repercussions. On the other hand, if it is found that she did not have knowledge of the classification, she is likely to be cleared of any wrongdoing under Section 1924.

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