Reality Check: Hillary will face no legal consequences for email scandal
Unlike TOP, this site will remain reality-based, and that goes double for presidential politics.
With that in mind, we need to acknowledge that while Hillary obviously broke the law, she will never suffer from this offense.
“Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service, and because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act,” the audit report said. Bottom line: Mrs. Clinton violated the Federal Records Act.However, what is probably the most troubling about all of this is that, despite these blatant violations, there will be absolutely no legal repercussions for Mrs. Clinton for this offense. She’s off the hook! Why aren’t all the pundits screaming about that?
As LawNewz.com‘s contributor, Dan Metcalfe, wrote about several weeks ago, anyone who violates this law (and leaves office) will face zero consequences. That’s because it is a civil law, not a criminal law, and penalties only apply to current federal employees. Employees, like Clinton and Powell, who leave office, can skirt punishment. The Federal Records Act is in place not only to provide the American public with some level of transparency but also “to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities.”
“There are absolutely no penalties provided by law for this misconduct,” Metcalfe said. He would know, Metcalfe was the founding director of the Justice Department’s Office of Information and Privacy. He was essentially “the federal government’s chief information-disclosure ‘guru.’”
“This report unsurprisingly finds gross violations of the Federal Record Act’s requirements by then-Secretary Clinton and her personal staff, not to mention inexplicably poor oversight by State’s top records-management officials as they simply let her do as she pleased,” Metcalfe told LawNewz.com, “Even taking a charitable view, it serves as an indictment of Ms. Clinton’s conduct on the civil side of her ledger, documenting misconduct that would surely lead to dismissal were she still employed there.”
As Metcalfe pointed out, The Federal Records Act, if violated in this way, does allow action to be taken against a government employee– but only administrative action. Both Clinton and Powell are not in office, so they can’t be punished. As for the Freedom of Information Act, there are sanctions provided under (a)(4)(F)(1), but again, those penalties only apply to someone who is still working for the federal government. While there are consequences if you are found to have intentionally destroyed federal records, the audit did not make a finding that this happened.
To put it another way, any dreams of Hillary in handcuffs are fantasies unless evidence of other law breaking emerges.
But Hillary will still have to face the music during a deposition, right? Probably not.
The Obama administration is trying to prevent former Secretary of State Hillary Clinton from being deposed in an ongoing open records case connected to her use of a private email server.Late Thursday evening, the Justice Department filed a court motion opposing the Clinton deposition request from conservative legal watchdog Judicial Watch, claiming that the organization was trying to dramatically expand the scope of the lawsuit.
Judicial Watch is “seeking instead to transform these proceedings into a wide-ranging inquiry into matters beyond the scope of the court’s order and unrelated to the FOIA request at issue in this case,” government lawyers wrote in their filing, referring to the Freedom of Information Act.
The Obama Administration has Hillary's back.
Comments
there's the link
http://caucus99percent.com/content/government-people-rights-and-trust
Hills is at the top, she won't be touched
if every cop who ever shot a black person gets off, if every fly boy who joyrides, clips the aerial tram wires sending hundreds to their deaths gets off, if every General who blabs state secrets gets off, if every Vice-President who sends his aide to leak confidential info gets off (and the aide, too), why in the world would Hillary Clinton, ruler of the Universe, get indicted?
As mentioned elsewhere, the law exists to put us in our place and to protect those who use the system for their own profit.
You are absolutely right about the FRA
but that's never been a reason why anyone would care about Hillary's private server (although they still should, because FOIA is the cornerstone of good governance). It's always been the criminal charges related to the unauthorized removal and storage of classified information. The IG's Report revealed that she did not receive any authorization from the State Department to use a private server, and she would have been denied such authorization if she ever asked.
Look, we may not get a clear understanding of what the FBI will do before the Convention. If Hillary is nominated, and the FBI recommends an indictment, her candidacy is destroyed. I think, over the next several weeks, when people start to review the facts and the law, they'll realize that she, or at least several of her aides, are in extreme legal jeopardy. They threw away more than a decade of work by the IG community to harden the cyberdefenses of our country for Hillary's personal convenience. Her private server would have been, and probably was, a prime target for hackers from Russia and China, not only for its own content, but because it would have been a prime method of accessing .gov servers. A trusted, non-government e-mail address that people will assume is authentic? That's a perfect route to access more information.
If this were anyone but a high-level political figure, they would be indicted and likely in jail by now. Who knows what will happen with the politics of it.
By the way, I'm glad Bernie is bringing this up. He needs to push Hillary on this issue as hard as, if not harder, than the Wall Street transcripts. Someone on the Dem side needs to, and fast!
The beauty of modern man is not in the persons but in the
Disastrous rhythm, the heavy and mobile masses, the dance of the
Dream-led masses down the dark mountain.
- Robinson Jeffers, Rearmament
I might have thought this before, not after IG report
The Inspector General report was such a gamechanger because it was an official sanction against Hillary, for her behavior and actions in the State Department, by the Obama Administration. And it was very scathing, with specific information that's probably got Hillary and/or her aides in a trap already based on previous testimony. Whatever his flaws in other areas, Obama does strive steadfastly to go by the book when it comes to procedure, and this is clearly heading in the direction of the administration needing to take action to continue to appear respectable to the public.
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