This “scandal,” if you wish to call it such, is still a breaking matter but could become an issue if there is any wrongdoing found on the part of Hillary Clinton. Under the Federal Records Act, Hillary was required to either use a government email account or have any private emails archived during her time as Secretary of State. It appears neither action took place.

Report from the New York Times:

Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record.

Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.

It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.

Her expansive use of the private account was alarming to current and former National Archives and Records Administration officials and government watchdogs, who called it a serious breach.

“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business,” said Jason R. Baron, a lawyer at Drinker Biddle & Reath who is a former director of litigation at the National Archives and Records Administration.

A spokesman for Mrs. Clinton, Nick Merrill, defended her use of the personal email account and said she has been complying with the “letter and spirit of the rules.”

From an open and transparent government standpoint, this does not look very good. Whether it was an intentional usurping of the rules or a mere oversight, the entire electronic record of who Hillary corresponded with over email while Secretary of State is entirely gone. The term “email-gate” hasn’t started quite yet in the media, but give it a few days.

60 COMMENTS

  1. One important question in the investigation will be whether she just continued to use the same address she used when she was senator, or if she made a conscious effort to create a “private” address. That might show intent.

      • Ironic that she would picture dice twice so prominently on her clintonemail.com homepage. Having been revealed in the past week her foundation was taking money donations from foreign governments and now concealing her activities while Secretary of State transparency and national interest translates into simply a roll of the dice.

          • Yeah I saw that and was going to hold it till I could fit it in at an appropriate time. It covers everything about the foundation from conflict of interest to fat salaries.

          • Ok…..
            A reality check….
            ALL of the last few Sec of State’s have done exactlyy the same thing….
            When she was asked for the emails?
            She suppied over 50,000 of them…
            This is NOT a story…
            But it IS one of the opening salvo’s against her for the 2016 Presidential race….

            • This is really Goethe isn’t it?
              One you are using the same lame liberal excuse that “everybody does it” when getting caught without a shred of proof. Next she obviously cherry picked which “E” mails she would release to the committee.

            • What “law” are you referencing? The Federal Records Act just says that documents must be “preserved.” What proof is there that anything was lost?

            • Your right ! Perhaps they are hiding in her bedroom closet with the Rosewater Law firms records of Whitewater?

            • Do you have a source to backup the claim that the last few Sec of State’s have done the same thing? Just curious, you may be correct on that. .

            • The story doesn’t say anything to support your claim about previous Secretaries of State using only personal email for communication. Glad I asked.

              I’m not saying you’re wrong, but that story doesn’t say anything to prove your assertion.

            • Nate: I suspect he was just relying on Hillary’s spokesperson, who said “other” Secretaries of State used personal email. Of course, email has only been used in the Clinton, Bush43, and Obama administrations.

            • jamesb — what a shill you are.

              “When she was asked for the emails? She supplied over 50,000 of them…” you state.

              What you fail to state is that these 50,000 emails were the approved ones by her lawyers to supply — the rest (and by refusing to provide them, must, therefore, by inference be the most damaging ones to her) are now “deleted”, so no-one is to know what damming KEY emails she is hiding?!

              This is criminal behavior at the highest level of Gov — and she must be incarcerated NOW, until the rest of her SECRET emails are recovered (to see what transgressions she did, in order to determine the proper felony charges to be levied against Hillary Clinton).

              It is a travesty in today’s America, that the little guy gets all the brunt of the “Law of the Land”, but big shot Gov Officials are MORE EQUAL THAN OTHERS, thus CONSIDER themselves ABOVE “The Rule of Law”…and the fact that none such transgressors are ever prosecuted, shows how Mighty Politicians have become exempt by OWING OUR GOVERNMENT (instead of, We the People, as Our Constitution proclaims)!

              A good way to show that we are on the way to reclaim our Free Republic, is to have Hillary Clinton jailed now!

            • More on the little guy suffering the full brunt of “The Law of the Land” — if your children sell lemonade on your own property, “The Law” will come down hard and consider you, and your young children, CRIMINALS…and the Police may just arrest you all for it!

              How inequitable is this — kids selling lemonade become a “THREAT” to America, But Gov Officials, like Hillary Clinton, breaking federal laws ….are exempt from “The Law”…?

              If it wasn’t so sad an true…it’d be laughable!

              https://www.youtube.com/watch?v=nBiJB8YuDBQ

          • But it’s still making the same error of considering the foundation as the same thing as Hillary. Is she even receiving a salary from the foundation?? I can’t find any reference to it.

            If someone knows I like the Red Cross and donates to it, that might make me like the person a little more, but it hardly proves any kind of quid pro quo.

      • Yeah, I heard that she registered it just before going to State. So that could show intent. But intent of what?

        On the other hand, I’ve heard that it has not been an uncommon practice among government officials, as weird as that seems. Also, the Federal Records Act doesn’t say employees must use government email. It just says that the emails must be preserved. So if she didn’t destroy documents, no foul, no harm.

        Even so, the Obama Administration now says it gave a directive that all administration employees “should use their official email accounts when they’re conducting official government business.” So they are not coming to her aid.

        • Goethe…you’re right no one is coming to her aid. Anyone who received or sent an email to Secretary of State Clinton had to know it was not a State account, including President Obama.

          Oct. 2, 2009: ten months after Hilary Clinton had been confirmed as Secretary of State, the U.S. code of federal regulations on handling electronic records was updated to read “Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system. The responsibility for making and preserving the records is assigned to the head of each federal agency”. There is no indication that Hilary Clinton did not preserve all records.

          Records show that in August 2012: The State Department’s Acting Inspector General Howard Geisel used a private e-mail account for conducting official business of the State Department.

          Feb. 1, 2013: Clinton steps down as secretary of state. By March 15, 2013 the entire world knew that Secretary of State Hilary Clinton had used a private e-mail account. It was exposed by a hacker named“Guccifer” who accessed the emails of Sidney Blumenthal (not Hilary’s). Guccifer published a screen grab of their emails showing discussions of foreign policy issues. There was no public outcry.

          Even the Wall Street Journal printed that her emails were sent to government servers and therefore preserved by default. Hilary Clinton’s server was set up on a MXLogic server, owned by McAfee, which has never publicly revealed a breach of its systems. McAfee claims to be one of the strongest servers on the
          market.

          Let’s flash back to 2010 when those really, really secure State Department servers, right in the middle of Clinton’s term as Secretary of State, were invaded and a vast treasure trove of State Department secrets was publicly exposed by WikiLeaks. More than 250,000 confidential documents.

          The Daily Beast’s Michael Tomasky wrote: Clinton was not the
          first Secretary to use a private email account. In fact, John Kerry is the
          first Secretary to use “a standard government email address”.

          December 2014: In response to a request from the State Department, Former
          Secretary of State Clinton provided 50,000 pages of printed e-mails. The
          Department provided 900 pages related to Benghazi to the House committee in
          February.

          March 4, 2015: Clinton said: “I want the public to see my email. I have asked State to release them. They said they will review them for release as soon as possible.

            • Nate..That was a very interesting read. A lot of supposition but it didn’t contain any factual proof of anything. Just a lot of “it could have happened”. Let me be the first to say that I do not speak “Computer-eze” nor do I understand the Cloud but I can determine fact from fiction. Exert from your attachment “government typically uses military-grade certificates and encryption schemes for its internal communications that designed with spying from foreign intelligence agencies in mind. But the ClintonEmail.com setup? “If you’re buying jam online,” says Hansen, “you’re fine.” But for anything beyond consumer-grade browsing, it’s a shoddy arrangement.” Well, her jam must have held like glue on her server, for one absolute fact stands out…NO ONE hacked Hilary Clinton’s email account while she was Secretary of State. It reads to me that the people you speak of were just telling how to do something but had not, themselves, hacked Clinton’s actual email. You have to actually accomplish something to be titled expert.

            • They exposed the amateur flaws in her setup. Anyone could exploit them with the know-how. To do so and access her emails or setup the means to steal information, even for a demonstration, would be a federal crime most likely so that is why no one would simply do so for fun.

              China or anyone else knows the weaknesses too. Her domain registrar was hacked in 2010. Do we know if this affected her account? We don’t. Because she’s the only one who knows and she wouldn’t incriminate herself for obvious reasons.

              You are blindly trusting someone who went to great lengths to be unaccountable to the people while creating numerous security breaches.

              The point is, you can’t definitely say she didn’t expose classified info with her totally insecure setup. All you can do is say she says it was all fine but that isn’t hard fact or proof, as you claim to desire.

              Sorry. Not enough for me. We put faith in these people in government. They are accountable to us, regardless of party affiliation.

              She has you right where she wants everyone. She controls the “facts” you are leaning on. It is impossible to get objective analysis of whether she inadvertently leaked information or not.

            • Nate:
              You’re wasting your time attempting to rationalize this with the left. We provide instances ( with links) that show where her personal computer was a security risk or a hint of impropriety with her foundation and it gets waved off as purely “B.S”., “Mrs. Clinton was simply storing information for her book” and “it’s ok the foundation is doing so much good”. Tess recently waved your link off as this guy is no expert. In my discussions with Tess I provide links to support my comments while she spouts tons of statistics from some alleged study but gives no links to support her claims. We don’t know when these studies took place, who did them or what group is behind them. In fact Tess trashed Wikipedia when I used it as a source while we know she quotes from them extensively. All they base their comments on is opinion, conjecture and the lefts talking points. This doesn’t constitute a conversation and I refuse to get suckered into any lengthy discussions under these circumstances. We are simply be made a fool of.

            • Yes, the State Department.. sorry. They’re suing the State Department for access to her records she hasn’t turned over.

            • Doesn’t the government have anything that can be kept confidential? I’d be interested in what SAM would have to say on this.

              If the AP can sue for her records, how does the government justify trying to prosecute Edward Snowden?

            • Lawsuits are a very modish part of our present lifestyle, especially suing the government. Fingers and toes would not begin to count the numbers. Of course, we know that The Associated Press is into everyone’s business except their own. The Associated Press has been after Hilary Clinton since 2010 with record requests and now a lawsuit. Maybe she deserves it…maybe she doesn’t. Regardless, foreign nations can recall their double agents for all US secrets will be on the front page for all to read.

            • Bob…Bob…Bob…it appears you are most irate. Is it because you ask of others what you are unwilling to do yourself. And that is verification of your sources. And by the way “end of discussion” is often your wordage choice. You are correct in saying that I do not believe Wikipedia is a good choice as a truly reliable source. However, you didnot prove a source to verify your statement that I use it.

              You wrote:‘The bottom line is IT’S AGAINST THE LAW. She did not own a government “E” mail account and did not retain the records for the entire 4
              years.” Please provide your source.

              “Tess casually waved your link above off as this guy is no expert.” I was not causal. I am firm that what the man said was primarily supposition. Yes, some one could have hacked Hilary Clinton, for all we know Prism could have been tuned in…or China copying every word…but the reality is: there is NO proof that any of these ghost stories happened.

              My point being, Bob, is that we all have opinions and arguments that we believe are absolute. That is the fun of debate.

        • Yes, now you have a valid point.

          “He (Powell) might have occasionally used personal email addresses, as he did when emailing to family and friends.”

          He used a personal email alongside his official email and, from time to time, sent emails to state department staff from his personal email. If he discussed classified information over a personal email address, he may be guilty of leaking classified documents like Hillary may be.

          In Hillary’s case, we know she NEVER used an official email according to the State Dept, she ONLY used her personal server setup in the basement of her home. There’s no way she didn’t discuss classified information using an unauthorized email system.

          • Of course YOU DO know what you just implied…..
            No ONE is faulting her for THAT….
            And As I point out what she did was standard Operating for Sec of State….
            This all is political junkie stuff anyways….
            The average voter cares less about it…
            The GOper’s should be worried about their primary race and getting out their vote for next November….
            All this and Benghazi ain’t gonna do for them….
            And it just might HELP Hillary like the knocks on Obama HELPING him in the end…

            • Again, there’s nothing “above the law,” since the law just says emails are to be PRESERVED. There’s no reason to think that was not done. She turned over 900 PAGES of emails just on Benghazi.

            • You’re right. The problem is that they aren’t being preserved by the government per the information storage, preservation, and access protocols. They’re only being preserved by the Clintons on the server in their basement. If a judge wants to see them, he has to ask the Clintons because the government doesn’t have any copies preserved anywhere.

              That is above the law which clearly states they must be preserved, by the government, not the owner of the personal email account. Her emails weren’t even part of a freedom of information act request on Benghazi because the government has no access to them, only the Clintons do.

              If you can’t see the problem there, you’re choosing not to.

          • I would be more suspicious of someone who HAD an official account, but picked and chose when to use it.

            • Right, but in general. If a person doesn’t want to use the government email, and chooses to use a private email, it would seem weird to decide some things are “government” messages and others are not, don’t you think?

              Why would one not want to use the government’s email? I read an article that it can take as long as ten minutes to sign in, and it is not all that secure. Clinton’s system has two different security systems. It’s possible she didn’t want to be hacked.

            • I’m just trying to find the truth. I’ve said I’m not a supporter. I’ve said she won’t be the nominee. I’ve questioned the timing of setting up the account. I’ve asked if she used the Senate email.

              I just get sick of the lynch mob mentality that is usually so evident here. She woke up–did she sleep in? She had breakfast–do we know who provided the eggs? She had dinner with Warren–oh that MUST mean they’re in cahoots!!

              My “rationalizations and justifications” are just that there may be other than heinous reasons for any action, and the Hillary hatred can be cut with a knife on here.

              In general, Hillary’s problem is (1) a tin ear about public relations, (2) paranoia about media scrutiny, and (3) a desire to take advantage of situations. In this case, the simplest answer is that she just wanted CONTROL of the documents, so that she could write a best-seller later.

            • For Hillary to use a few times her private email, may be an oversight. But for her to use it 100% over 4 years, and never use the federal one prescribed by law — means she intentionally did it for a purpose.

              Why didn’t she use the Gov email (as stated by law) — because all such emails will be on record and saved for eventual perusal.

              Why did she use ONLY her private email to conduct ALL Gov business — because her private emails can be deleted, and thus no records can be brought forth. And that’s exactly what has transpired — only the “approved” ones are released, the rest or GONE! How many nefarious emails she’s sent are now a question mark.

              The conclusion is inescapable: Hillary purposefully chose the break The Law, in order to have Orwellian secretive emails during her entire tenure as Sec of State, therefore, assuring that none are officially recorded, thus being unrecoverable!
              ———————————————————————–

              The sad part is that instead of being indicted for this crime, she is joyfully running around trying for the US presidency!

              “Some are more equal than others”… George Orwell.

            • This is the same women who accused the Republicans of a “Vast Right Wing Conspiracy”. Do you honestly believe that ANYONE in the leadership of the GOP/RNC today has the stones to suggest to prosecute her and risk being accused of waging a “War on Women” prior to 2016 ? This would be the same spineless leadership who let a $4 trillion budget go through and folded on amnesty funding since THEY WERE GIVEN THE MAJORITY LAST NOVEMBER.

              YEAH GOOD LUCK WITH THAT!

            • It would be nice if you added an intelligent comment, or asked what others thought–instead of just blind condemnation, without even a reference to what you’re talking about.

            • it was a reply to this:

              “Goethe Mod 6 days ago

              Right, but in general. If a person doesn’t want to use the
              government email, and chooses to use a private email, it would seem
              weird to decide some things are “government” messages and others are
              not, don’t you think?

              Why would one not want to use the
              government’s email? I read an article that it can take as long as ten
              minutes to sign in, and it is not all that secure. Clinton’s system has
              two different security systems. It’s possible she didn’t want to be hacked.”

              Nonsense on your part.

  2. The thrust of this whole discussion is disingenuous.

    The real issue is why Hillary chose to set up her own email account. I think she just wanted to have a record of everything, so she could write a book about it, later.

    So the real question is, do her communications belong to her, or to the government? I think it’s clear that her official communications do and should belong to the government.

    This is something that will be enforced from now on, and an issue always has to be brought up before a policy like this is enforced. Someone in her own department should have questioned this, as a way to keep her from hurting herself.

    But I will give you this: Hillary has an intense need to be in control. THAT is the issue that should concern Constitutionalists.

    • Quote:

      I think she just wanted to have a record of everything, so she could write a book about it, later.

      But.. nothing precluded her from doing that while simultaneously following the law. There were policies in place at that time which did not allow this type of extra-communication outside government servers, if not merely for the purposes of properly securing classified information.

      If classified information leaves a government server and lands on a private server, the law is broken. That’s pretty clear. It was clear when she was sworn in as Sec State. It’s the equivalent of taking paper copies of classified information home with you.

      She exposed the country to a massive security breach, as the Gawker piece rightly points out.

      http://gawker.com/how-unsafe-was-hillary-clintons-secret-staff-email-syst-1689393042#

      It’s extremely technical in nature, but I’m sure China or North Korea understand the breach quite well and exploited it for years.

      • I didn’t say she couldn’t use her email from the office. Although, if she used government email, WOULD she be able to have access to it?? I can’t access emails I sent at a previous job.

        My point was to try to figure out WHY she chose to have her own email. All the convoluted, silly, and frivolous reasons are just insulting to our intelligence.

        Frankly, Hillary is just not intelligent enough to be as heinous as you and your buddy, Surfisher, claim.

        I think it’s clear that Hillary is paranoid of media attack, a control freak, and in this case, wanted to have the stuff so she could write a book later. Those are not the most honorable reasons, do we really need crazy conspiracy theories, too?

  3. Earlier, I said it could show “intent” if she opened her private email at the time of her hearings.

    Here’s another question: Does anyone know if Hillary used official email as a senator?

    She claims that she didn’t use the government email because it was difficult to use and not secure. Did she use it as senator??

    • Goethe — you said many times the only danger to Hillary is Hillary…and she might implode.

      You nailed it — we are seeing the beginning of the end of this vile creature!

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