Gavin Howe
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. The controversy centres around whether Clinton broke federal laws by using a private server and several portable electronic devices to transact government business. While Clinton maintains that the use of a private server was permitted at the time, her actions have been the subject of investigations by the U.S. House of Representatives Select Committee on Benghazi and the Federal Bureau of Investigation's Counterintelligence Division. The potential legal and political ramifications of Clinton's actions remain a topic of debate.
| Characteristics | Values |
|---|---|
| Use of a private email server | For official and personal business while at the Department of State |
| Use of portable electronic devices | For official and personal business |
| Destruction of evidence | Caused 33,000 emails to be deleted and all portable devices to be destroyed |
| Mishandling of official documents | Emails sent and received contained 'classified information' |
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What You'll Learn
The use of a private email server
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 significant controversy. The issue first came to light during an investigation into her conduct and knowledge of the Libyan embassy attack by the U.S. House of Representatives Select Committee On Benghazi.
Clinton has maintained that the use of a private server was permitted at the time by State Department IT procedures and that the information in question was not classified until later. However, defence attorney Edward MacMahon Jr. has disputed this, stating that the lack of classification markings would not be a relevant defence in a prosecution under the Espionage Act.
Clinton's actions have been the subject of investigations by both the House Select Committee and the Federal Bureau of Investigation's Counterintelligence Division. After being subpoenaed to preserve the devices and their contents, she caused 33,000 emails to be deleted and all portable devices to be destroyed. This led to accusations of violating laws related to the mishandling of official documents.
While the direct intervention of President Obama and/or Attorney General Loretta Lynch prevented prosecution, the political ramifications of the email server controversy have been significant, particularly given the timing of the Iowa Caucuses.
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The destruction of 33,000 emails
Hillary Clinton used a private email server for official and personal business while at the Department of State. She also used a number of portable electronic devices for the same purpose. After being subpoenaed to preserve the devices and their contents, she caused 33,000 emails to be destroyed.
Clinton has maintained that the use of a private server was permitted at the time by State Department IT procedures, and that the so-called ‘classified information’ in question was not classified at the time, but later upgraded by agencies. She has also contended that the emails she sent and received did not contain any classification markings.
However, defence attorney Edward MacMahon Jr. has disputed this defence, saying, “The fact that something’s not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionance Act.”
The destruction of the 33,000 emails has been described as an "obliteration" and has been the subject of an investigation by the Federal Bureau of Investigation’s Counterintelligence Division. The FBI released a report in 2016 regarding the violations that Clinton committed in connection with her mishandling of official documents. Despite this, Clinton was not prosecuted, which some have attributed to the direct intervention of President Obama and/or Attorney General Loretta Lynch.
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The destruction of portable devices
Hillary Clinton used a private server and a number of portable electronic devices to transact government business. After being subpoenaed to preserve the devices and their contents, she caused 33,000 emails to be obliterated and all of the portable devices to be destroyed.
Clinton's use of a private server has been described as a "political and legal quagmire". The use of the private email server originally came to light from an investigation into her conduct and knowledge of the Libyan embassy attack by the U.S. House of Representatives Select Committee On Benghazi.
Clinton has maintained that the use of a private server was permitted at the time by State Department IT procedures, and that the so-called 'classified information' in question was not classified at the time, but later upgraded by agencies. However, this defence has been disputed by defence attorney Edward MacMahon Jr., who has said that "the fact that something’s not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionage Act".
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The mishandling of official documents
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. The use of the private email server came to light during an investigation into her conduct and knowledge of the Libyan embassy attack by the U.S. House of Representatives Select Committee on Benghazi.
Clinton has maintained that the use of a private server was permitted at the time by State Department IT procedures, and that the information in question was not classified at the time, but later upgraded by agencies. She also contends that the emails she sent and received did not contain any classification markings. However, defence attorney Edward MacMahon Jr. has disputed this defence, saying that "the fact that something’s not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionage Act".
Clinton's actions are currently under active investigation by the Federal Bureau of Investigation's Counterintelligence Division, which is looking into her allegedly unlawful use of a private server. After being subpoenaed to preserve the devices and their contents, she caused 33,000 emails to be deleted and all of the portable devices to be destroyed. This destruction of evidence is a serious matter and has led to accusations of obstruction of justice.
While the legal ramifications of Clinton's actions may be minimal, the political fallout could be significant, especially given the proximity to the Iowa Caucuses.
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The use of portable electronic devices for official business
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 much controversy. In addition to the investigation into her conduct and knowledge of the Libyan embassy attack by the U.S. House of Representatives Select Committee On Benghazi, Clinton also faces an active investigation by the Federal Bureau of Investigation's Counterintelligence Division into her allegedly unlawful use of a private server.
Clinton is said to have installed and used a private server in her home to transact government business, as well as using a number of portable electronic devices for the same purpose. After being subpoenaed to preserve the devices and their contents, she caused 33,000 emails to be deleted and all of the portable devices to be destroyed.
Clinton has maintained that the use of a private server was permitted at the time by State Department IT procedures, and that the so-called 'classified information' in question was not classified at the time, but later upgraded by agencies. She has also contended that the emails she sent and received did not contain any classification markings. However, defence attorney Edward MacMahon Jr. has disputed this defence, saying that "the fact that something's not marked or that the person may not know that it was classified would not be relevant at all in a prosecution under the Espionage Act".
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Frequently asked questions
Yes, she broke the Federal Records Act by using a private email address and server for public business while Secretary of State.
Clinton explained that she used a private email address and server for "convenience".
Clinton also faces an active investigation by the Federal Bureau of Investigation's Counterintelligence Division into her allegedly unlawful use of a private server.
The investigation found that Clinton's use of a private email address and server fell within the boundaries of federal law and State Department rules. However, it was discouraged by the Foreign Affairs Manual, the Code of Federal Regulations, and the Federal Records statute.
Yes, it evolved into a political and legal quagmire, with Clinton facing criticism and scrutiny from supporters and opponents alike.
