Hillary's Email Scandal: What Laws Were Broken?

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. While the FBI found no evidence of deliberate mishandling of classified information, Clinton was criticized for her “extremely careless” handling of sensitive, highly classified information.

The investigation focused on whether Clinton violated laws governing the handling of classified information, specifically 18 U.S.C. § 1924, which pertains to the unauthorized removal and retention of classified documents or materials.

The FBI determined that Clinton's server contained emails that were retroactively deemed classified, but concluded that no reasonable prosecutor would bring such a case due to a lack of evidence of criminal intent. The investigation also assessed the potential vulnerability of Clinton's private server to computer intrusion by hostile actors, including foreign powers.

The controversy surrounding Clinton's email scandal played a significant role in the 2016 presidential election, in which Clinton was the Democratic nominee.

Mishandling of classified information

Hillary Clinton's use of a private email server during her tenure as Secretary of State sparked controversy and led to investigations by the FBI and the State Department. While Clinton was found to have been "extremely careless" in handling sensitive information, there was no evidence of deliberate mishandling of classified information, and she was not charged with any crime.

The FBI Investigation

The FBI investigation, led by Director James Comey, found that Clinton's server did not contain any emails that were clearly marked as classified. However, federal agencies retroactively determined that some emails did contain information that should have been deemed classified when they were sent. Specifically, out of 30,000 emails returned to the State Department, 110 emails in 52 email chains were found to contain classified information. This included 65 emails deemed "Secret" and 22 deemed "Top Secret".

Comey stated that Clinton's actions were "extremely careless" and showed evidence of potential violations of statutes regarding the handling of classified information. However, he recommended against prosecution, as Clinton did not act with criminal intent, which is the historical standard for pursuing charges.

The State Department Investigation

The State Department's investigation, released in September 2019, found "no persuasive evidence of systemic, deliberate mishandling of classified information." However, it concluded that Clinton's use of a private server increased the risk of hacking and that 38 current or former employees were responsible for 91 separate violations of security protocols involving her server.

Legal Framework

The relevant legal framework for the investigations includes:

• 18 U.S. Code § 1924, which relates to the unauthorized removal and retention of classified documents or materials.
• The Espionage Act, specifically 18 U.S.C. § 793 Subsection F, which addresses the failure to keep national defense information safe and includes provisions for "gross negligence."

Violation of the Federal Records Act

Hillary Clinton's use of a private email server during her tenure as Secretary of State was a violation of the Federal Records Act.

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

Clinton's use of a private email server was a violation of these provisions. Her exclusive use of a private email server meant that her work-related emails were not maintained by a government agency and were not readily found. In fact, when the State Department initially responded to a Freedom of Information Act request for records about her email, they stated that "no records responsive to your request were located."

Clinton's actions also led to concerns about the security of classified information. While no evidence was found that Clinton's server had been hacked, the FBI determined that hostile actors had gained access to the private email accounts of people with whom Clinton corresponded. The FBI also found that Clinton had been extremely careless in her handling of very sensitive, highly classified information.

Violation of the Presidential and Federal Records Act Amendments

Hillary Clinton's use of a private email server during her tenure as Secretary of State was a violation of the Presidential and Federal Records Act Amendments. The Act requires agencies to retain all official communications, including work-related emails, and stipulates that government employees cannot destroy or remove relevant records.

The use of a private email server was in direct conflict with U.S. government policy, as stated by U.S. District Judge Emmet G. Sullivan. The Inspector General of the State Department, Steve A. Linick, was unable to find evidence that Clinton had ever sought approval for her use of a private email server, and determined that if she had, it would have been declined due to security risks.

Clinton's actions also contradicted the Federal Records Act, which states that records should be "maintained by the agency" and "readily found". The Act was amended in 2014 to require that personal emails be transferred to government servers within 20 days.

Clinton's use of a private email server was a highly controversial issue during the 2016 presidential election, in which she was the Democratic nominee. While she was not prosecuted for her actions, the FBI investigation concluded that she had been "extremely careless" in handling sensitive information.

Violation of security protocols

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 was whether Clinton's use of a private email server for government business violated federal laws and security protocols.

Clinton's use of a private email server was initially discovered during an investigation into her conduct and knowledge of the 2012 Benghazi attack by the U.S. House of Representatives Select Committee on Benghazi. The controversy centred on whether Clinton jeopardised classified information by using a private email server rather than a government one.

Clinton's private email server was found to contain 100 emails that should have been deemed classified at the time they were sent, including 65 emails deemed "Secret" and 22 deemed "Top Secret". An additional 2,093 emails were retroactively designated as confidential by the State Department.

Clinton's actions were investigated by the Federal Bureau of Investigation (FBI), which concluded that her server did not contain any information or emails that were clearly marked as classified. However, the FBI did find evidence of extreme carelessness and negligence in Clinton's handling of sensitive, highly classified information.

The FBI determined that Clinton's use of a private email server increased the risk of hacking and that her actions did not comply with State Department policies and federal record-keeping procedures. Clinton's server was found to lack proper security measures, such as encryption, during the first two months of its use, leaving it vulnerable to interception.

Clinton's actions sparked concerns about potential violations of security protocols and federal laws regarding the handling of classified information. The specific laws in question include 18 U.S. Code § 1924, which pertains to the unauthorised removal and retention of classified documents, and the Espionage Act, specifically 18 U.S. Code § 793 Subsection F, which addresses the failure to keep national defence information safe.

Despite the serious concerns and evidence of mishandling classified information, the FBI recommended against prosecuting Clinton, citing a lack of criminal intent and the historical standard for pursuing prosecution in similar cases. The FBI's decision was supported by the Department of Justice's Office of the Inspector General, which found no evidence of political bias and concurred with the decision not to prosecute.

Violation of the Espionage Act

Hillary Clinton's use of a private email server for official and personal business during her tenure as Secretary of State sparked a controversy that evolved into a legal and political quagmire. The controversy centred on whether Clinton's actions violated federal laws, specifically the Espionage Act, and State Department protocols and procedures.

The Espionage Act, 18 U.S.C. § 793(f), addresses the handling of classified information. It states that anyone authorized to handle secrets who, through gross negligence, permits the removal of such information from its proper place of custody shall be fined or imprisoned for up to ten years, or both.

During the investigation into Clinton's email practices, the FBI discovered thousands of emails containing information that should have been treated as government secrets, including eight messages with "Top Secret" information. These emails were sent or received through Clinton's private email network, which was deemed unsecure. The FBI also found no direct evidence that Clinton's network was hacked but believed it was possible that "hostile actors" may have gained access.

While the FBI concluded that Clinton and her team had been extremely careless in handling sensitive, highly classified information, they did not recommend criminal charges. FBI Director James Comey stated that there was no evidence of criminal intent, and historical precedent suggested that prosecution required such intent. Comey also noted that the government regularly mishandles secrets unintentionally, and prosecutors have been cautious about testing whether broad prosecutions under the Espionage Act would hold up in court.

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