Hillary Clinton's Private Server: What Laws Were Broken?

Hillary Clinton's use of a private email server for official communications while Secretary of State sparked a political and legal quagmire. A years-long FBI investigation concluded that Clinton's server did not contain any information or emails that were clearly marked as classified. However, federal agencies retrospectively determined that some of the emails contained information that should have been deemed classified at the time they were sent.

Some experts, officials, and members of Congress contended that Clinton's use of a private email system and server violated federal law, specifically 18 U.S. Code § 1924, regarding the unauthorized removal and retention of classified documents or materials. Clinton, however, claimed that her use complied with federal laws and State Department regulations.

The controversy was a major point of discussion during the 2016 presidential election, in which Clinton was the Democratic nominee. While the FBI investigation concluded that Clinton had been extremely careless, no charges were filed as it was determined that she did not act with criminal intent.

Classified information was sent and received via a non-governmental server

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State sparked intense controversy and led to investigations into whether she violated federal laws and regulations. The central issue was the handling of classified information via a non-governmental server.

Clinton's private server was used to send and receive classified information while she was Secretary of State. This matter is governed by strict laws that dictate how classified government information can be accessed and stored. The specific statute in question is 18 U.S.C. § 1924, which pertains to the "Unauthorized Removal and Retention of Classified Documents or Materials."

The statute states that it is a violation 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.

The key question is whether Clinton had knowledge that classified emails were on her private server. She has maintained that she was unaware of their classification at the time they were sent or received. However, investigations by the State Department and the FBI found that a significant number of emails contained information that was classified at the time or was retroactively classified.

The FBI's investigation concluded that while Clinton had been extremely careless in her handling of sensitive information, there was no evidence of criminal intent, and therefore, no charges were recommended. Nevertheless, the controversy surrounding Clinton's private server had a significant impact on her 2016 presidential campaign and continues to be a subject of debate.

Clinton allegedly lied about her awareness of classified emails

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 the server did not contain any emails that were clearly marked as classified, federal agencies retroactively determined that some emails contained information that should have been deemed classified.

Clinton maintained that she was unaware of the classification of these emails at the time they were sent or received. However, critics alleged that she lied about her awareness of the classified nature of the emails. They pointed to statements she made, such as her assertion that she had "never sent nor received any information that was classified at the time it was sent and received."

The FBI investigation concluded that Clinton had been "extremely careless" in her handling of sensitive information but recommended against filing charges as they found no evidence of criminal intent. The investigation did find that Clinton's use of a private server increased the risk of hacking.

Clinton's server was vulnerable to hacking

Hillary Clinton's use of a private email server for official communications while serving as Secretary of State sparked controversy and led to an FBI investigation. The investigation revealed that Clinton's server did not contain any emails that were clearly marked as classified. However, federal agencies retroactively determined that some emails contained information that should have been deemed classified.

Clinton's technology adviser, Bryan Pagliano, declined to answer questions about his work, invoking the Fifth Amendment. While there was no evidence of a successful hacking attempt on Clinton's server, former Director of the CIA and NSA, Michael Hayden, expressed doubt that foreign intelligence agencies would have ignored the opportunity to access her server.

Clinton failed to preserve and disclose all work-related emails

Hillary Clinton's use of a private email server for official communications during her tenure as United States Secretary of State sparked controversy and led to an FBI investigation. While the investigation concluded that Clinton's server did not contain any emails that were clearly marked as classified, federal agencies retroactively determined that some emails contained information that should have been deemed classified.

Clinton's actions regarding her emails were deemed “extremely careless” by FBI Director James Comey, who also stated that there was “evidence of potential violations of the statutes regarding the handling of classified information." However, the FBI recommended against filing charges, as they found no evidence of criminal intent, which is the historical standard for pursuing prosecution.

Clinton's handling of her emails caused significant public outcry and media coverage, with critics arguing that she failed to preserve and disclose all work-related emails, as required by law. This perception of secrecy and lack of transparency likely contributed to the negative public perception of Clinton's actions.

The controversy surrounding Clinton's emails became a major point of discussion during the 2016 presidential election, in which she was the Democratic nominee. It is speculated that the reopening of the investigation into her email practices close to the election date played a significant role in her loss.

While Clinton may have faced minimal legal consequences for her actions, the political ramifications were substantial, and the issue of her email server continues to be a topic of discussion and scrutiny years later.

Clinton's use of a private server was discouraged by the Federal Records Act

Hillary Clinton's use of a private email server for official public communications while serving as Secretary of State sparked controversy and led to an FBI investigation. Although the FBI determined that Clinton's server did not contain any emails that were clearly marked as classified, federal agencies retroactively deemed 100 emails as classified.

Clinton's actions were scrutinized through the lens of the Federal Records Act, which mandates the preservation of government records. The State Department's Inspector General concluded that Clinton's conduct was inconsistent with the Federal Records Act, as she failed to surrender all emails related to departmental issues before leaving her position. This non-compliance extended beyond Clinton, as the Inspector General also found that her predecessor, Colin Powell, did not adequately preserve government-related emails.

The Federal Records Act requires agencies to retain all official communications and stipulates that government employees cannot remove or destroy relevant records. The Act emphasizes the need for records to be readily accessible and subject to congressional scrutiny.

Clinton's defense centered on the argument that her emails were sent to people within the State Department system, ensuring compliance with the Federal Records Act. However, the Inspector General's report contradicted this claim, stating that using a personal email account to conduct official business was not an appropriate method of preserving federal records.

The controversy surrounding Clinton's use of a private server had significant political ramifications, particularly during the 2016 presidential election, where it became a major point of discussion and contention.

Frequently asked questions