This WAS their procedure. And even if Hillary had used the State.gov email address instead of the clinton email address, BOTH systems were UNCLASSIFIED until FOIA Requests make them release the material.
That is meaningless. Law and regulations both forbid use of unsecured or "commercial email" in the conduction of official business.
She broke this regulation:
5 FAM (Foreign Affairs Manual) 443.7 Non-Official Email Accounts
(CT:IM-168; 10-23-2015)
a. Under the employees are prohibited from creating or sending a record using a non-official email account unless the employee (1) copies the employee's official email account in the original creation or transmission, or (2) forwards a complete copy of record (including any attachments) to the employee's official email account not later than 20 days after the original creation or transmission.
b. The U.S. National Archives and Records Administration has advised that "personal accounts should only be used in exceptional circumstances." Therefore, Department employees are discouraged from using private e-mail accounts (e.g., Gmail, AOL, Hotmail, etc.) for official business. However, in those very limited circumstances when it becomes necessary to do so, the email messages covering official business sent from or received in a personal account must be captured and managed in a Department email system in a manner described above in accordance with the Presidential and Federal Records Act Amendments of 2014. If an employee has any emails (regardless of age) on his or her private email account(s) that have not already been forwarded to the employee's official email account, then such emails need to be forwarded to the employee's state.gov account as soon as possible. Employees are reminded that private email accounts should not be used to transmit or receive classified information.
And broke this regulation:
35 CFR 1236.22 (5)(b)
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.
And ignored this cable issued under her direction in 2011:
12 FAM 544.3
1. Department of State users are encouraged to check the security settings and change passwords of their home e-mail accounts because of recent targeting of personal e-mail accounts by online adversaries. Security guidelines have been posted on the DS/SI/CS Cyber Security Awareness web page:
https://intranet.ds.state.sbu/DS/SI/CS/Awareness1/Content/Pers onal%20Email.aspx.
2. Recently, Google asserted that online adversaries are targeting the personal Gmail accounts of U.S. government employees. Although the company believes it has taken appropriate steps to remediate identified activity, users should exercise caution and follow best practices in order to protect personal e-mail and prevent the compromise of government and personal information. The DS/SI/CS Cyber Security Awareness web site contains guides to help secure the web-based e-mail accounts of users and their families. This information can be accessed at:
https://intranet.ds.state.sbu/DS/SI/CS/Awareness1/Content/Pers onal%20Email.aspx.
3. What can you and your family members do?
(a) Follow the personal e-mail guides posted on the Awareness site to change your password, to ensure that messages are not auto-forwarding to an unintended address, and to verify that other security settings are properly configured.
(b) Beware of e-mail messages that include links to password reset web pages. These can be easily faked.
(c) Create strong passwords for all of your online accounts, change them often, and never use the same password for more than one account.
(d) Avoid conducting official Department business from your personal e-mail accounts.
(e) Do not reveal your personal e-mail address in your work "Out of Office" message.
(f) Do not auto-forward Department e-mail to personal e-mail accounts, which is prohibited by Department policy (12 FAM 544.3). 4. Questions regarding cyber security awareness should be addressed to
awareness@state.gov
She also broke all of the following laws:
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
18 U.S. Code § 641 - Public money, property or records
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
18 U.S. Code § 798 - Disclosure of classified information
18 U.S. Code § 1031 - Major fraud against the United States
18 U.S. Code § 1343 - Fraud by wire, radio, or television
18 U.S. Code § 1346 - Definition of “scheme or artifice to defraud”
18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material
18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
44 U.S. Code § 3101 - Records management by agency heads; general duties