Did Hilary Clinton's Emails Break Federal Law?

Hillary Clinton's use of a private email server during her tenure as Secretary of State sparked controversy and led to an FBI investigation. While Clinton claimed that her use of the server complied with federal laws and State Department regulations, some experts, officials, and members of Congress argued that she had violated federal law, specifically 18 U.S. Code § 1924, which pertains to the unauthorised removal and retention of classified documents or materials.

The FBI investigation concluded that Clinton's server did not contain any emails that were clearly marked as classified. However, federal agencies retroactively determined that some of the emails contained information that should have been deemed classified at the time they were sent.

Ultimately, the FBI decided not to pursue charges against Clinton, as they found no evidence of criminal intent, which is the historical standard for prosecution in such cases. However, FBI Director James Comey described Clinton's handling of sensitive information as extremely careless.

Hillary Clinton's use of a private email server

Clinton's decision to use a private email server was motivated by convenience, as she preferred carrying a single smartphone for both personal and work-related matters. However, critics argued that it gave her total control over her correspondence and allowed her to circumvent government recordkeeping requirements.

The controversy surrounding Clinton's email practices centred on several key issues:

Handling of Classified Information

Clinton's private server contained classified information, with 113 emails in 52 email chains deemed classified at the time they were sent or received. While Clinton had claimed that none of her emails were marked as classified, a small number bore classification markers. FBI Director James Comey stated that Clinton and her aides were \"extremely careless\" in their handling of sensitive information. However, the FBI investigation concluded that there was no evidence of intentional mishandling of classified information, and the Justice Department did not pursue criminal charges.

Compliance with Federal Records Act and Department Policies

Clinton's use of a private email server skirted State Department rules and policies. The department's policy since 2005 mandates that day-to-day operations be conducted on official State Department channels. Clinton did not seek approval for her private email arrangement, which would not have been granted had she requested it. She also failed to ensure the real-time preservation of work-related emails on the State Department system and did not immediately surrender them upon leaving office.

Transparency and Recordkeeping

Clinton's private email setup raised concerns about transparency and compliance with the Freedom of Information Act (FOIA). By using a private server, Clinton had control over what information was provided to the government and made available through FOIA requests. Additionally, thousands of work-related emails were not initially turned over to the State Department, raising questions about the completeness of her email record.

Security and Exposure to Hacking

The use of a private email server exposed Clinton to potential hacking risks. While there was no direct evidence of successful hacking, FBI Director Comey noted that sophisticated hackers could have gained access without leaving traces. Clinton's use of her personal email while travelling abroad may have further increased the risk of unauthorized access by "hostile actors."

In summary, while Hillary Clinton's use of a private email server did not result in criminal charges, it highlighted issues related to the handling of classified information, compliance with federal records laws and department policies, transparency, and security. The controversy surrounding her email practices fuelled intense public debate and had a significant impact on her political career.

Classified information on a private server

Hillary Clinton's use of a private email server while serving as secretary of state from 2009 to 2013 has sparked a contentious debate and invited scrutiny from various quarters. The controversy revolves around Clinton's decision to use a personal email address (@clintonemail.com) and private servers located in her Chappaqua, New York, home for government business. This arrangement deviated from the standard protocol of using a State Department email address and the department's information system.

The issue came to light when the House Select Committee on Benghazi sought access to Clinton's emails in 2014. In response, Clinton's lawyers combed through her private server and turned over approximately 30,000 work-related emails to the State Department, deleting the rest, which were deemed personal. However, the situation raised concerns about the security and transparency of Clinton's email setup.

The discovery of classified information on Clinton's private server was a significant point of contention. The FBI reviewed the emails and found that out of the tens of thousands of emails, 110 to 113 contained information that was classified at the time they were sent. Some of these emails were marked with classification symbols, indicating their sensitive nature. This situation raised questions about whether Clinton had violated laws pertaining to the handling of classified information.

While Clinton's actions were criticized as "extremely careless" by FBI Director James Comey, the FBI and the Justice Department ultimately decided not to pursue criminal charges. Comey stated that there was no evidence that Clinton or her colleagues intended to violate laws regarding classified information. The decision not to prosecute was based on the determination that prosecuting individuals for mishandling classified information typically requires evidence of intent, and such cases are generally not pursued unless there is proof of knowingly and willfully mishandling classified material.

The controversy surrounding Clinton's private email server sparked a broader discussion about the classification system and its effectiveness. Critics pointed out that the classification process can be subjective and that overclassification is a prevalent issue within the federal government. The debate also highlighted the challenges of ensuring the security and transparency of government communications, particularly when individuals occupy positions that regularly deal with sensitive and classified information.

Clinton's awareness of classified emails

While it is unclear whether Clinton was aware that her emails contained classified information, she did use a private email address and server while serving as secretary of state from 2009 to 2013. This meant that when the House Select Committee on Benghazi asked to see her emails, the State Department did not have them on hand. Clinton's lawyers combed through her private server and turned over about 30,000 work-related emails to the State Department, deleting the rest.

Clinton claimed that she used her private email setup for convenience, so she would only have to use one device for email. However, there is some evidence that she also did it for privacy reasons. She said in 2010 that she would be open to using a departmental email but added, "I don’t want any risk of the personal being accessible."

The FBI found that Clinton used multiple mobile devices throughout her tenure, but it is unclear if she switched them out periodically or used more than one at the same time. They also discovered that some classified information had ended up on her private server, an unclassified system. However, there was not enough evidence to charge her with a crime, as it was determined that Clinton did not intentionally mishandle classified information.

Clinton had repeatedly stated that she did not have any classified emails on her server, but the results of the FBI investigation proved this claim to be incorrect. Of the tens of thousands of emails investigated, 113 contained classified information, and three of those had classification markers. FBI Director James Comey stated that Clinton should have known that some of these emails were classified, but others she might have understandably missed.

Comey also noted that Clinton's email setup was extremely careless and exposed her to hacking, although there is no evidence that her servers were successfully hacked. He added that Clinton's use of a personal email address abroad could have allowed "hostile actors" to access her account.

Clinton's preservation of emails

Hillary Clinton's use of a private email server for official communications during her tenure as Secretary of State from 2009-2013 was a highly controversial issue that was litigated in the court of public opinion during the 2016 presidential election.

Clinton used a personal email address (@clintonemail.com) hosted on private servers located in her Chappaqua, New York home. This was in violation of State Department policy, which dictated that "normal day-to-day operations" be conducted on government servers. Clinton's actions also contravened the Federal Records Act, which requires government employees to preserve all official communications and stipulates that they cannot destroy or remove relevant records.

Clinton's lawyers combed through the private server in 2014 and turned over about 30,000 work-related emails to the State Department, deleting the rest, which Clinton said were of a personal nature. However, the State Department's inspector general report, released in May 2016, found that Clinton's email system violated government policy and that she did not receive permission to use a private server.

Clinton claimed that she used her personal email for convenience, as she wanted to use only one device for email. However, there is evidence that she also did so for privacy reasons, as she stated in 2010 that she did not "want any risk of the personal being accessible."

While Clinton was not charged with any crime, FBI Director James Comey called her email setup "extremely careless." Comey also stated that there was evidence of potential violations of federal law regarding the handling of classified information, but that "no reasonable prosecutor" would bring a case, as there was no evidence that Clinton intended to violate the law.

The controversy surrounding Clinton's preservation of emails was a significant issue during the 2016 election, with some arguing that it was the main reason for her loss to Donald Trump.

Clinton's handling of national defence information

Hillary Clinton's handling of emails as secretary of state has been the subject of much scrutiny and debate. While the Justice Department decided not to prosecute Clinton, there are still questions surrounding her use of a private email server and the potential mishandling of classified information.

Clinton exclusively used a private email address (@clintonemail.com) and a private server located in her Chappaqua, New York, home during her tenure as secretary of state from 2009 to 2013. This meant that when the House Select Committee on Benghazi requested access to her emails, the State Department did not have them on hand. In response, Clinton's lawyers reviewed her private server and turned over approximately 30,000 work-related emails to the State Department, while the rest were deleted, which Clinton claimed were of a personal nature.

Clinton's use of a private email setup was justified as a matter of convenience, allowing her to use a single device for email. However, there is also evidence to suggest that privacy concerns played a role in her decision. While Clinton claimed that she would have been open to using a departmental email, she also stated that she "didn't want any risk of the personal being accessible."

The controversy surrounding Clinton's email practices centres on the presence of classified information on her private server. Of the tens of thousands of emails reviewed by the FBI, 113 contained classified information, with three bearing classification markers. While Clinton had repeatedly denied the presence of classified emails on her server, the FBI investigation proved this claim to be false.

Despite the discovery of classified information on Clinton's server, FBI Director James Comey stated that there was insufficient evidence to prosecute Clinton for mishandling classified information. Comey acknowledged that Clinton's email setup was extremely careless but found no evidence of intent to compromise classified information or disloyalty to the United States. Additionally, the amount of classified information found on her server was minuscule compared to the volume of emails reviewed.

While Clinton's handling of classified information did not result in criminal charges, it exposed issues with the government classification process and highlighted the need for secure communication channels, especially when dealing with sensitive information. The controversy surrounding Clinton's emails sparked debates about transparency, security, and the appropriate use of personal and government email systems.

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