Hillary's Legal Troubles: What Laws Were Broken?

Hillary Clinton's use of a private email server for official communications while Secretary of State sparked controversy and led to an FBI investigation. While Clinton maintained that her actions were legal and compliant with State Department rules, some experts, officials, and members of Congress argued that she broke the law by violating federal statutes regarding the removal and retention of classified documents.

The FBI investigation concluded that Clinton had been extremely careless but did not recommend charges, finding no evidence of criminal intent. However, critics pointed to her destruction of over 30,000 emails as possible obstruction of justice, and her responses to FBI questions and Judicial Watch inquiries, in which she frequently claimed a lack of recollection, raised further suspicions.

Use of a private email server

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State was a highly controversial issue that sparked multiple investigations and damaged her presidential campaign.

Clinton's use of a private server was revealed in 2015, and she was subsequently investigated by the FBI and the State Department. The controversy centred on whether Clinton had mishandled classified information and violated federal laws and State Department protocols regarding the storage and transmission of such information.

While serving as Secretary of State, Clinton used a private email server located in the basement of her New York home to send and receive emails. This arrangement was not approved by senior State Department officials and was in contravention of department security guidelines. Clinton claimed that her use of a private server was a matter of "convenience" and that it complied with federal laws and State Department regulations. She also asserted that she was unaware of the classification of certain emails at the time they were sent or received.

The FBI investigation concluded that Clinton had been ""extremely careless" in handling sensitive information but recommended against prosecution, finding no evidence of criminal intent. However, the State Department's inspector general determined that Clinton's actions had indeed violated department policies.

The controversy surrounding Clinton's private email server had a significant impact on her 2016 presidential campaign, with critics arguing that she had endangered national security and displayed poor judgement. The issue received extensive media coverage and was a major point of discussion during the election.

Deletion of 33,000 emails

Hillary Clinton's use of a private email server for official communications during her tenure as Secretary of State sparked a political and legal firestorm, with some arguing that she violated federal laws and State Department protocols. The controversy centred on the deletion of 33,000 emails deemed "personal" from her private server.

In March 2015, Clinton disclosed that she had provided the State Department with 30,490 work-related emails and chosen not to keep 31,830 personal emails. The decision to delete these emails came after Clinton had received a subpoena from the House Select Committee on Benghazi, which was seeking emails related to its investigation into the 2012 attack on U.S. facilities in Libya.

The timing of the deletion fuelled accusations of wrongdoing, with critics arguing that Clinton was attempting to conceal incriminating evidence. The controversy was further exacerbated by Clinton's initial claim that the emails were deleted before the subpoena was issued, a statement later contradicted by the FBI, who determined that the emails were deleted between March 25 and 31, 2015, approximately three weeks after the subpoena.

The FBI investigation into Clinton's email practices focused on whether she or her staff violated federal laws governing the handling of classified information. While the investigation concluded that Clinton had been ""extremely careless" in handling sensitive information, no charges were filed as the FBI found no evidence of criminal intent.

The email scandal had significant political ramifications, with some arguing that it contributed to Clinton's loss in the 2016 presidential election. The controversy also prompted discussions about government transparency and the potential misuse of private servers for official communications.

Destruction of portable devices

Hillary Clinton's use of a private email server for official and personal business while at the Department of State has been a source of controversy and led to an investigation by the Federal Bureau of Investigation (Counterintelligence Division). While the focus of the investigation was on her handling of classified information, the destruction of portable devices also came under scrutiny.

During the House Oversight and Government Reform Committee hearing, Clinton's IT aide, Justin Cooper, testified that he used a hammer to destroy Clinton's old mobile devices. Cooper stated that this was done to avoid putting the devices in the trash, where someone could find them, and not to hide or destroy information. He also asserted that he always transferred and backed up all data before switching devices.

However, Cooper acknowledged that he did not have security clearance, even though he had access to many State Department emails while assisting both Bill and Hillary Clinton. When he discovered official content on his backup computer, he turned it over to his attorneys, who then provided it to the FBI.

Clinton herself was not found by the FBI to have used a hammer to destroy devices, but her aides did so on at most two occasions, according to documents. While the FBI concluded that Clinton and her aides had been ''extremely careless'' in handling classified information, they did not find evidence of intent to destroy evidence or any grounds for prosecution.

Mishandling of classified information

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 probe into her conduct surrounds her mishandling 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. One such law is 18 U.S.C. § 1924, which pertains to the "Unauthorized Removal and Retention of Classified Documents or Materials." This statute is violated when an officer, employee, contractor, or consultant of the United States knowingly removes classified documents or materials without authority and with the intent to retain them at an unauthorized location.

To convict Clinton under this statute, it must be shown that she had knowledge that classified emails were contained on her private server. The State Department's review of 30,000 Clinton emails indicates that at least 671 emails sent or received by Clinton contained classified information. This contradicts Clinton's statement that she was "confident" she had never sent or received any information that was classified at the time.

Another relevant statute is 18 U.S.C. § 793 Subsection F, part of the Espionage Act, which deals with the failure to keep national defense information safe. It states that anyone "entrusted with or having lawful possession or control" of classified information who, through gross negligence, permits it to be removed from its proper place of custody or fails to report its loss or theft can be fined, imprisoned for up to ten years, or both.

Clinton has maintained that the use of a private server was permitted by State Department IT procedures and that the information in question was not classified at the time but was later upgraded by agencies. However, defense attorney Edward MacMahon Jr. has disputed this defense, stating that the lack of classification markings would not be a relevant defense in a prosecution under the Espionage Act.

The investigation into Clinton's mishandling of classified information has been led by the FBI and the Obama Administration Justice Department, with potential penalties including fines, imprisonment, or both.

Violation of 18 U.S. Code § 1924

The 18 U.S. Code § 1924 states that:

> Whoever, being an officer, employee, contractor, or consultant of the United States, and, 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 with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.

Hillary Clinton, while serving as the Secretary of State, used a private email server for official and personal business. This led to 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 also launched an active investigation into her allegedly unlawful use of a private server.

Clinton's primary defense was that she was unaware of the classification of the emails at the time they were sent or received. However, the State Department's review of 30,000 Clinton emails indicated that at least 671 emails sent or received by Clinton contained classified information. This contradicted Clinton's statement to reporters in July, where she said:

> I am confident that I have never sent nor received any information that was classified at the time it was sent and received.

Clinton's actions could be considered a violation of 18 U.S. Code § 1924, which is a misdemeanor charge for the unauthorized removal and retention of classified documents or materials. To convict Clinton, it must be shown that she had knowledge that classified emails were contained on her private server.

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