Clinton's Questionable Actions: Breaking The Law?

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State sparked intense controversy and raised questions about whether she broke the law. The issue was a major point of discussion during the 2016 presidential election, in which Clinton was the Democratic nominee.

The controversy centred on Clinton's decision to use a private email server and domain for official communications instead of an official State Department email account. This practice was found to violate federal regulations and State Department protocols governing record-keeping. While Clinton asserted that her actions complied with the law, critics argued that she knowingly mishandled classified information and put national security at risk.

The FBI conducted an investigation into Clinton's email practices, examining whether she improperly stored or transmitted classified information and if her server was compromised by foreign powers. Although the FBI found Clinton to be extremely careless in her handling of sensitive information, they did not find evidence of intentional misconduct or criminal intent, and recommended against prosecution.

The State Department's inspector general concluded that Clinton's email practices violated federal law, but the final decision rested with the Justice Department, which opted not to pursue charges. The controversy surrounding Clinton's emails attracted significant media coverage and had a notable impact on her presidential campaign, with some arguing that it contributed to her loss in the election.

Mishandling of classified information

Hillary Clinton's use of a private email server for official and personal business during her tenure as Secretary of State sparked a political and legal controversy. The issue came to light during an investigation into the 2012 Benghazi attack and the knowledge of the then-Secretary of State, Clinton.

The Federal Bureau of Investigation's (FBI) Counterintelligence Division launched an active investigation into Clinton's use of a private server. While the focus was on her handling of classified information, the FBI also probed her alleged lies about her awareness of these emails and their preservation methods.

The FBI's investigation revealed that Clinton sent and received classified information via email on a private, non-governmental server while serving as Secretary of State. This violated strict laws governing the storage and access of classified government information. Clinton's primary defence was that she was unaware of the classification of the emails at the time they were sent or received.

The FBI's findings indicated that:

• Out of 30,000 Clinton emails, at least 671 contained classified information.
• Eight email chains contained information deemed "Top Secret" when sent.
• 36 chains contained "Secret" information.
• Eight chains contained "Confidential" information, the lowest level of classification.
• An additional 2,000 emails were retroactively designated "Confidential."
• Three emails, out of 30,000, were found to be marked as classified, but they lacked classified headers.

The FBI concluded that Clinton and her team were ""extremely careless" in handling sensitive, highly classified information. They found no evidence of intentional misconduct but emphasised the need for reasonable care, especially when dealing with sensitive information.

The State Department's inspector general also criticised Clinton's use of a private email server, stating that it was "not an appropriate method" of document preservation and did not adhere to department policies or federal record laws.

Despite the evidence of potential violations, the FBI recommended against prosecution, citing a lack of criminal intent, which is the historical standard for pursuing charges. This decision was supported by the Department of Justice's Office of the Inspector General, which found no evidence of political bias.

However, the controversy had a significant impact on Clinton's 2016 presidential campaign, with many arguing that the email scandal contributed to her loss.

Using a private email server for official communications

Hillary Clinton's use of a private email server for official communications during her tenure as Secretary of State was a highly controversial issue that sparked an FBI investigation.

Clinton used a private email server for official communications during her time as Secretary of State, which was against State Department security guidelines. This was a breach of protocol, as federal agencies are required to retain all official communications and stipulate that government employees cannot destroy or remove relevant records.

Clinton's use of a private server was potentially a violation of 18 U.S. Code § 1924, which regards the unauthorised removal and retention of classified documents or materials. This statute is violated when:

> [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.

Clinton's primary defence was that she was unaware of the classification of the emails at the time they were sent or received. However, the FBI investigation found that 110 emails contained information that was classified at the time, with 65 deemed "Secret" and 22 "Top Secret".

The FBI investigation concluded that Clinton had been extremely careless but recommended no prosecution, as they determined that Clinton did not act with criminal intent. However, this issue was a major point of contention during the 2016 presidential election, in which Clinton was the Democratic nominee, and some believe it contributed to her loss.

Violating federal record-keeping procedures

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State raised questions about her compliance with the Federal Records Act, which requires federal officials to preserve their work records and hand them over to the National Archives when they leave government.

Clinton used a private email account for all her work messages during her tenure as Secretary of State from 2009 to 2013. She contacted former Secretary of State Colin Powell before taking office to inquire about his use of a BlackBerry, and he warned her that if her use of personal email became public, her emails could become "official records and subject to the law."

Clinton handed over 55,000 pages of emails to the State Department in 2015, but her failure to hand over work emails when she left office raised questions about her compliance with the Federal Records Act. She stated that she believed she was preserving her work records by emailing colleagues on their work emails and that she received no instructions on preserving or producing records when she left office.

The State Department's Inspector General later said that this was not an appropriate way to preserve government records and that Clinton should have printed and filed work emails from her private server.

While there was no evidence that Clinton intentionally mishandled classified information, her use of a private email server did raise concerns about potential violations of federal record-keeping procedures.

Violating State Department protocols and procedures

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State has been the subject of much controversy and investigation. This practice was found to be in violation of State Department protocols and procedures, as well as regulations governing record-keeping.

The Federal Records Act requires agencies to retain all official communications, including work-related emails, and stipulates that government employees cannot destroy or remove relevant records. It also mandates that records be maintained "by the agency" and readily found. NARA regulations further dictate that records must be "created and maintained" by the agency and "make possible a proper scrutiny by the Congress".

Clinton's use of a private email server meant that thousands of work-related emails were not properly archived and maintained by the State Department. This was a direct violation of State Department protocols and procedures, which require the use of official State Department email accounts maintained on federal servers.

The Inspector General of the State Department also criticised Clinton's use of a private email server, stating that it was "not an appropriate method" of document preservation and did not follow department policies that aim to comply with federal record laws. The Inspector General was unable to find evidence that Clinton had sought approval from State Department staff for her use of a private email server, and determined that if she had, her setup would have been declined due to the "security risks" involved.

Clinton's actions also raised concerns about the potential mishandling of classified information. While the FBI investigation concluded that Clinton's server did not contain any emails that were clearly marked classified, federal agencies retroactively determined that many emails contained information that should have been deemed classified at the time they were sent or received. This included emails deemed "Secret" and "Top Secret".

In addition, Clinton's use of a private email server made it difficult to ensure the security and integrity of sensitive information. The server was reportedly vulnerable to hacking attempts and intrusions, raising questions about whether hostile actors gained access to her personal email account.

Overall, while the decision not to prosecute Clinton was made, her use of a private email server clearly violated State Department protocols and procedures regarding record-keeping and the handling of sensitive information.

Violating regulations governing recordkeeping

Hillary Clinton's use of a private email server for official and personal business during her tenure as Secretary of State sparked controversy and led to an FBI investigation. The investigation focused on whether Clinton's handling of classified information complied with federal laws and State Department protocols, procedures, and regulations governing recordkeeping.

The Federal Records Act (FRA) of 1950 provides the legal framework for federal records management, including record creation, maintenance, and disposition. It requires each federal agency to establish a program for record management and cooperate with the National Archives and Records Administration (NARA). The FRA was amended in 2014 to expressly include electronic records in the definition of federal records and empower NARA to safeguard original and classified records from unauthorised removal.

The Presidential Records Act (PRA) of 1978 governs the official records of Presidents and Vice Presidents, establishing public ownership of these records and mandating their preservation. The PRA also requires the President and their staff to maintain personal records separately from presidential records and prohibits the use of non-official electronic messaging accounts for official business without copying or forwarding records to an official account.

Clinton's use of a private email server was deemed a violation of regulations governing recordkeeping by some experts, officials, and members of Congress. They argued that her actions contravened 18 U.S. Code § 1924, which pertains to the unauthorised removal and retention of classified documents or materials. Additionally, NARA officials expressed concerns about possible violations of normal federal government record-keeping procedures under Clinton's leadership as Secretary of State.

Clinton defended her actions, claiming compliance with federal laws and State Department regulations. She asserted that her use of a private email server was permitted at the time and that the information in question was not classified when sent or received. However, federal agencies retroactively determined that many of the emails contained information that should have been deemed classified.

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