The Clintons did not break the law.
Characteristics | Values |
---|---|
Nature of the scandal | Use of a private email server for official and personal business while at the Department of State |
Classification of information | At least 671 emails sent or received contained classified information |
Criminal charges | Unauthorised removal and retention of classified documents or materials |
FBI investigation | No information or emails were found to be clearly marked classified |
State Department investigation | 38 individuals were "culpable" in 91 instances of sending classified information |
What You'll Learn
Did Hillary Clinton break the law with her email practices?
Hillary Clinton's use of a private email server for official communications during her tenure as Secretary of State drew controversy and led to an FBI investigation. While the investigation found no evidence of criminal intent, Clinton was found to have been extremely careless in her handling of sensitive information.
Some experts and officials contended that Clinton's actions violated federal law, specifically 18 U.S. Code § 1924, which pertains to the unauthorized removal and retention of classified documents. This statute states that anyone who, "by virtue of...employment...becomes possessed of documents or materials containing classified information...knowingly removes such documents...and...with the intent to retain such documents...at an unauthorized location" is subject to fines or imprisonment.
Clinton's primary defense was that she was unaware of the classification of the emails at the time they were sent or received. She explicitly stated that she "did not send nor receive anything that was classified at the time." While the FBI investigation found no evidence that Clinton knowingly sent or received classified information, it did determine that her server contained 100 emails that should have been deemed classified at the time they were sent, including 65 emails deemed "Secret" and 22 deemed "Top Secret".
In addition, Clinton's use of a private server may have violated the Espionage Act, which states that anyone who, "being entrusted with...any document...relating to the national defense...through gross negligence, permits the same to be...delivered to anyone in violation of his trust... [or] fails to make prompt report of such loss...to his superior officer" is subject to fines or imprisonment.
The controversy surrounding Clinton's email practices was a major point of discussion during the 2016 presidential election, in which she was the Democratic nominee. While no charges were filed, critics argue that the reopening of the investigation shortly before the election prejudiced the public against Clinton and contributed to her loss.
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Did the Clintons get away with breaking the law?
There are varying opinions on whether the Clintons got away with breaking the law. Some sources claim that Hillary Clinton's use of a private email server for official communications during her tenure as Secretary of State violated federal law. However, others argue that her actions, while careless, did not warrant criminal charges as there was no evidence of criminal intent.
The controversy surrounding Hillary Clinton's email practices centres on her use of a private email server and a private domain to conduct government business. This raised concerns about the security and preservation of official records, as well as the potential mishandling of classified information. While Clinton asserted that her use of private email complied with federal laws and State Department regulations, the State Department's inspector general found that her practices violated federal law and State Department policies.
The FBI conducted an investigation into Clinton's email practices, concluding that while she had been "extremely careless," no charges should be filed due to a lack of criminal intent. This decision was supported by the Department of Justice's Office of the Inspector General, which found no evidence of political bias and agreed that prosecution was not warranted.
Despite the findings of the FBI and the Department of Justice, some critics continue to argue that Hillary Clinton should have faced legal consequences for her actions. They point to similar scandals involving other government officials, such as Gen. David Petraeus and Richard Nixon, who faced repercussions for their actions.
In conclusion, while Hillary Clinton's email practices raised serious concerns and violated federal law according to the State Department's inspector general, she was not prosecuted and some argue that she got away with breaking the law. The decision not to prosecute was based on the lack of criminal intent and the historical standard for pursuing prosecution in similar cases. However, the controversy had significant political ramifications and contributed to Clinton's loss in the 2016 presidential election.
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What are the double standards in the treatment of the Clintons?
There are several alleged double standards in the treatment of the Clintons, particularly in relation to Hillary Clinton's use of a private email server during her tenure as Secretary of State.
Firstly, some argue that there is a double standard in the media's treatment of the hacking of Clinton's emails in 2016, compared to the recent hacking of Donald Trump's campaign emails. Clinton alumni have expressed frustration at the media's extensive coverage of the Clinton email leak, with one aide stating:
> "There was never this level of cautiousness on any story when Clinton was the victim of illegal hacks, let alone one with potentially salacious details."
In contrast, the media has shown restraint in its coverage of the Trump email hack, with some news organisations sitting on the story for weeks. This has led to accusations of a "double standard" from Clinton supporters.
Secondly, there are allegations of a double standard in the treatment of Clinton and Trump by law enforcement and regulatory bodies. Clinton was investigated by the FBI for her use of a private email server, with FBI Director James Comey concluding that she had been ""extremely careless" but recommending no charges be filed. This decision has been criticised by some, who argue that Clinton's actions warranted prosecution.
In contrast, Trump was recently convicted of 34 felonies in relation to his efforts to conceal an extramarital affair during his 2016 presidential campaign. Trump's actions included falsifying business records and violating campaign finance laws, which some argue are similar to Clinton's misreporting of the funding for the Steele Dossier. However, others have pointed out key differences between the two situations, including the fact that Trump's actions involved concealing another crime and that there was clear evidence of intent.
Finally, there are accusations of a double standard in the treatment of Clinton and Trump by their respective parties. Some Clinton supporters have argued that the Democratic Party failed to give her the "benefit of the doubt", in contrast to the Republican Party's unwavering support for Trump despite his legal troubles.
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How did Hillary Clinton's email controversy affect the 2016 election?
Hillary Clinton's email controversy was a major point of discussion during the 2016 presidential election, in which she was the Democratic nominee.
Clinton used a private email server, situated in her New York home, while she was secretary of state, from 2009 to 2013. She has admitted that this was a mistake.
In July 2016, the FBI concluded that Clinton and her aides had been "extremely careless" in their handling of classified information but should not face criminal charges. However, just days before the election, FBI director James Comey publicly announced the FBI was reviewing additional emails in the probe.
The controversy received more media coverage than any other topic during the presidential campaign. Clinton and other observers argue that the reopening of the investigation was the major reason for her loss in the election.
Clinton's use of a personal email server as secretary of state plagued her during the 2016 campaign with near-constant coverage. Her husband, former President Bill Clinton, has said he blames the "mainstream media" for his wife's loss in 2016 with the constant coverage of her emails.
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What are the legal implications of Hillary Clinton's actions?
Hillary Clinton's use of a private email server for official communications while serving as Secretary of State sparked a political and legal controversy, with some arguing that she broke the law. The Federal Bureau of Investigation (FBI) conducted a years-long investigation into the matter, and while no charges were filed, the legal implications of her actions are complex and subject to interpretation.
The central issue surrounding Hillary Clinton's email practices is the handling of classified information. Clinton used a private, non-governmental server to send and receive emails containing classified information while serving as Secretary of State. Strict laws govern the accessing and storage of classified government information, and violations can result in criminal charges. While Clinton asserted that she was unaware of the classification of the emails at the time, experts and officials contended that her actions violated federal law, specifically 18 U.S.C. § 1924, which pertains to the unauthorized removal and retention of classified documents.
The FBI investigation concluded that Clinton's server did not contain any emails that were clearly marked as classified at the time they were sent. However, federal agencies retroactively determined that many emails contained information that should have been deemed classified, including some marked as "Secret" and "Top Secret". This discrepancy is crucial, as the unauthorised removal and retention of classified documents can only be proven if it can be shown that Clinton had knowledge that classified emails were on her private server.
The FBI ultimately decided not to recommend criminal charges, citing a lack of criminal intent on Clinton's part. However, the investigation did find that Clinton and her team were extremely careless in their handling of sensitive information. The decision not to prosecute was controversial and sparked debates about double standards and political interference.
In addition to the legal implications, the email controversy had significant political ramifications for Hillary Clinton, particularly during her 2016 presidential campaign. The ongoing investigations and media coverage of the scandal likely contributed to her loss in the election, as it raised questions about her judgement, transparency, and trustworthiness.
While Hillary Clinton was not indicted or convicted of any crimes related to the email scandal, the legal implications of her actions remain a subject of debate and interpretation. The controversy highlights the complex nature of information classification, security protocols, and the intersection of politics and the law.
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