Ivanka Trump's Email Server: Lawful Or Not?

Ivanka Trump, daughter of former US President Donald Trump, has been accused of using a personal email account to send hundreds of messages discussing official White House business. A review of her emails revealed that she had used her private address to contact government officials. Ivanka's lawyer claims that she was unaware of the rules and that she stopped using her personal email for government correspondence once she was informed of them. However, this incident has sparked questions about whether Ivanka broke the law and if her actions were similar to Hillary Clinton's email scandal, which was a key target of Donald Trump's 2016 presidential campaign.

Ivanka Trump's use of a private email account for government business

Ivanka Trump, daughter of President Trump and a senior adviser to the president, used a private email account for government business. In November 2018, the Washington Post reported that Ivanka had sent hundreds of emails about government business from a private email account, many of which were in violation of federal records rules.

Ivanka and her husband, Jared Kushner, set up the Microsoft-hosted domain "ijkfamily.com" in December 2016 as they were preparing to move to the White House. Their emails were pre-screened by the Trump Organization for viruses. Ivanka used her personal email to discuss government policies and official business, often replying to other administration officials who contacted her through her private email. She also sent hundreds of messages related to her work schedule and travel details to personal assistants, as well as to her children's and house caregivers.

In response to the revelations, Ivanka's spokesman, Peter Mirijanian, stated that Ivanka had used her private email "almost always for logistics and scheduling concerning her family" during her transition into government. He also clarified that Ivanka did not create a private server, transmit classified information, delete any emails, or house the account on Trump Organization servers. He further asserted that the emails had been retained in the official account, complying with records preservation laws and rules.

The use of private email by Ivanka Trump drew comparisons to Hillary Clinton's private email server use during her tenure as Secretary of State, which was a key issue in the 2016 presidential election. However, it is important to note that Ivanka's case differs in certain aspects, such as the absence of a private server and the lack of evidence of classified information being transmitted. Nonetheless, questions were raised about whether Ivanka's actions violated the Presidential Records Act of 1978, which requires the preservation of all official White House communications and records.

The full extent of Ivanka Trump's private email use is not yet known, and it remains to be seen if there will be further investigations or consequences arising from this incident.

The legality of Ivanka's actions under the Presidential Records Act

The legality of Ivanka Trump's actions under the Presidential Records Act (PRA) has been called into question, with some arguing that she violated the PRA by using a private email account to conduct official government business. The PRA, enacted in 1978, governs the official records of Presidents and Vice Presidents, establishing public ownership of all Presidential records and requiring that they be preserved and maintained. While Ivanka Trump's use of a private email server may have violated the PRA, the lack of direct oversight authority and enforcement mechanisms within the PRA makes it difficult to determine the extent of any legal violation.

The PRA changed the legal ownership of Presidential records from private to public and established a statutory structure for their management. It requires the President and their staff to take steps to separate personal records from Presidential records and mandates the preservation of electronic communications, including emails. The PRA also establishes a process for public access to Presidential records after the President leaves office, with certain restrictions.

Ivanka Trump, as a senior advisor to President Trump, was subject to the PRA. In 2018, it was revealed that she had used a private email account, shared with her husband Jared Kushner, to send hundreds of emails regarding government business. This included discussions on government policies and official business, as well as messages related to her work schedule and travel details. While Ivanka Trump's actions may have violated the PRA, the lack of direct enforcement mechanisms within the PRA complicates the legal assessment.

The PRA relies on an honor system, with the President having significant discretion in deciding what steps are necessary to comply with the law. Additionally, the Archivist, who is responsible for providing advice and assistance on records management, has limited authority to ensure the retention of Presidential records during a President's tenure. In the case of non-compliance, there are no direct consequences outlined in the PRA, further complicating the legal assessment of Ivanka Trump's actions.

In summary, Ivanka Trump's use of a private email server to conduct official government business may have violated the Presidential Records Act. However, the PRA's reliance on an honor system, the President's discretion in compliance, and the limited authority of the Archivist to ensure record retention make the legal assessment complex. The lack of direct enforcement mechanisms within the PRA further complicates the determination of any legal violation.

Comparisons to Hillary Clinton's email scandal

Ivanka Trump's use of a private email account for government business drew comparisons to Hillary Clinton's email scandal. Clinton's use of a private email server during her time as secretary of state was a major issue during the 2016 presidential campaign, with Donald Trump and his supporters calling for her to be jailed. Chants of "lock her up" were common at Trump's rallies, and he claimed that Clinton's actions were "corruption on a scale we have never seen before" and "bigger than Watergate".

However, many have argued that there are significant differences between the two situations. Firstly, Ivanka Trump was not the secretary of state, and her emails did not contain any classified information. Secondly, she did not set up a private email server in her home, as Clinton did, and there is no evidence that Ivanka's emails were deleted or that her private email account was accessed by foreign powers. Additionally, Ivanka claimed that she used her private email mainly for scheduling and logistics to manage her work and home life, and that all her emails related to government work were preserved and archived.

While Ivanka Trump's actions may have violated the Presidential Records Act of 1978, requiring the preservation of official White House communications, they did not appear to pose the same level of national security risk as Clinton's email scandal.

Ivanka's lawyer's defence

Ivanka Trump's use of a private email account to send hundreds of emails about government business has raised questions about whether she broke the law. While the full extent of Ivanka's private email use is not yet known, her actions may have violated the Presidential Records Act of 1978, which requires that all official White House communications and records be preserved.

Ivanka Trump did not break the law by using a private email server. Before entering government service, Ms. Trump used a private email account, which is a common practice for individuals outside of government. When she joined the White House as a senior adviser in March 2017, she was provided with a government email account for official use. However, during the transition period, there was some confusion about the email usage guidelines, and she was not given clear guidance on this matter. As soon as concerns were raised about her email use in the press, Ms. Trump reviewed and verified her email activity with White House Counsel and took steps to address the issue.

It is important to note that Ms. Trump did not create a private email server in her house or office. The account was never transferred or housed at the Trump Organization, and there was never any classified information transmitted through her private email. All emails have been retained and stored in the official account, complying with records preservation laws and rules.

Furthermore, Ms. Trump's use of a private email was not an attempt to evade records laws or compromise national security. She occasionally used her private email before being fully informed of the rules, and this was not a deliberate or malicious action. Ms. Trump has since turned over all government-related emails for archiving, ensuring transparency and compliance with the law.

In summary, while Ms. Trump may have made an inadvertent mistake during her transition into government service, she took appropriate steps to rectify the situation as soon as it was brought to her attention. She did not engage in any illegal activities, and her emails did not pose a risk to national security. Therefore, we believe that Ms. Trump acted in good faith and did not break the law with her email usage.

The discovery of Ivanka's private email use

The Washington Post first reported on this story on Monday, November 19, 2018, stating that Ivanka Trump, the first daughter and senior White House adviser, had sent hundreds of emails about government business from a private email account. This was in violation of federal records rules and occurred while she was transitioning into government work. Ivanka shared this private email domain with her husband, Jared Kushner, who is also a White House adviser.

The use of a private email account by Ivanka Trump is particularly sensitive due to the 2016 presidential election, where her father, President Donald Trump, criticised Hillary Clinton's use of a private email server while she was secretary of state. President Trump accused Clinton of compromising national security and putting the US "in danger". Trump rally crowds often chanted "Lock her up", and Trump himself encouraged these chants.

Following the discovery of Ivanka's private email use, there have been calls for investigations by Congressional and House committees to determine the extent of her personal email use and whether any laws or rules were broken. Ivanka's lawyer stated that she was unaware of the rules regarding email use and that she stopped using her personal email for government business after being informed of the rules.

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