The law forbidding Hillary from deleting emails, bans her from holding ANY office if she violates it

[Little-Acorn]

Hillary's attorney, David Kendall, is quoted here about the server Hillary had used to store and process all her emails, saying: "no emails ... reside on the server or on any backup systems associated with the server."

In other words, the server has been wiped clean, with all emails that were on it, permanently deleted.

That's an interesting statement, coming from a lawyer.

Hillary has said that she decided for us, which emails she would allow us to see. She printed those out on paper, and then erased all the emails she thought we should not see. Her excuse was that she had decided they were not "work related". Now her lawyer says she erased ALL the emails on the server, apparently after preserving non-machine-searchable copies of some of them on paper.

Have a look at US Code, Title 18, Part 1, Chapter 101, Section 2071. It's a Federal law governing such things.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.

Note that this applies to "any record" held by a public official, not just the ones the person decides it's OK for us to see, or wants to withhold because an email is "personal".

In other words, with her legal representative stating that she destroyed the records she possessed and had decided not to allow us to see, she is now disqualified from holding any office. Including President. Barred by Federal law.

From her lawyer's mouth.

The big question: Will she obey this law???

------------------------------------------------------

Gowdy Clinton wiped email server clean deleted all emails - Yahoo News

Clinton wiped email server clean, deleted all emails

Associated Press
By MATTHEW DALY
45 minutes ago

WASHINGTON (AP) — Hillary Rodham Clinton wiped her email server "clean," permanently deleting all emails from it, the Republican chairman of a House committee investigating the 2012 Benghazi attacks said Friday.

Rep. Trey Gowdy, R-S.C., said the former secretary of state has failed to produce a single new document in recent weeks and has refused to relinquish her server to a third party for an independent review, as Gowdy has requested.

Clinton's attorney, David Kendall, said Gowdy was looking in the wrong place.

In a six-page letter released late Friday, Kendall said Clinton had turned over to the State Department all work-related emails sent or received during her tenure as secretary of state from 2009 to 2013.

"The Department of State is therefore in possession of all Secretary Clinton's work-related emails from the (personal email) account," Kendall wrote.

Kendall also said it would be pointless for Clinton to turn over her server, even if legally authorized, since "no emails ... reside on the server or on any backup systems associated with the server."

 

[TheOldSchool]

Yeah good luck with that.

 

[Little-Acorn]

Yeah good luck with that.

TRANSLATION: Laws are for the little people, not for us. We Democrats will get away with it anyway.

 

[Siete]

its a proven fact that no law was broken, and you cant tell these RW idiots any different ...

 

[Little-Acorn]

its a proven fact that no law was broken, ...

That takes care of the usual fibs from the usual left-wingnuts. It's all they have.

 

[nodoginnafight]

The law you cite covers items "filed or deposited " with a court or public office.

There may be a law that is applicable to emails, but I don't think this is it.

 

[Siete]

its a proven fact that no law was broken, ...

That takes care of the usual fibs from the usual left-wingnuts. It's all they have.

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both

( or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States,)

regardless, the law regarding electronic transmissions aka email was passed 2 years after she left office by Republicans, signed by Obama.

deal with it birfer boi ...

 

[Little-Acorn]

The law you cite covers items "filed or deposited " with a court or public office.

Didn't even read the law quoted in the OP, did we?

Nice try.

 

[OKTexas]

its a proven fact that no law was broken, and you cant tell these RW idiots any different ...

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

 

[Siete]

its a proven fact that no law was broken, and you cant tell these RW idiots any different ...

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

seriously? you're kidding aren't you? or are you really that damn stupid?

here dumb butt ...

H.R. 1233 complements ongoing efforts by the National Archives and Records Administration and the Office of Management and Budget to implement Obama’s 2011 Memorandum on Managing Government Records.



The bipartisan bill was co-sponsored by House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., and Ranking Member Elijah Cummings, D-Md., along with Senate Homeland Security and Governmental Affairs Committee Chairman Tom Carper, D-Del., and Ranking Member Tom Coburn, R-Okla


be somebody and learn something for a change ..

 

[Little-Acorn]

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

seriously? you're kidding aren't you? or are you really that damn stupid?

TRANSLATION: You got me. I can't back it up even a little bit, since it was never "proven" at all.

 

[The2ndAmendment]

What, a Demonrat obey the law?

The thread is an exercise in futility. When a Demonrat is caught in a trap, fellow Demonrats surround the trappped Demonrat until it escapes.

Demonrats are not bound by the Law, since whenever the Law manages to bind them, the Demonrats either abolish the Law or ignore it.

 

[Siete]

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

seriously? you're kidding aren't you? or are you really that damn stupid?

TRANSLATION: You got me. I can't back it up even a little bit, since it was never "proven" at all.

like I said, you cant tell these idiots anything, you cant even show them anything ... but...

H.R.1233 - 113th Congress 2013-2014 Presidential and Federal Records Act Amendments of 2014 Congress.gov Library of Congress

 

[nodoginnafight]

The law you cite covers items "filed or deposited " with a court or public office.

Didn't even read the law quoted in the OP, did we?

Nice try.

I did, apparently You didn't. How do you stretch it cover emails given the section I quoted?

 

[Sonny Clark]

Hillary's attorney, David Kendall, is quoted here about the server Hillary had used to store and process all her emails, saying: "no emails ... reside on the server or on any backup systems associated with the server."

In other words, the server has been wiped clean, with all emails that were on it, permanently deleted.

That's an interesting statement, coming from a lawyer.

Hillary has said that she decided for us, which emails she would allow us to see. She printed those out on paper, and then erased all the emails she thought we should not see. Her excuse was that she had decided they were not "work related". Now her lawyer says she erased ALL the emails on the server, apparently after preserving non-machine-searchable copies of some of them on paper.

Have a look at US Code, Title 18, Part 1, Chapter 101, Section 2071. It's a Federal law governing such things.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.

Note that this applies to "any record" held by a public official, not just the ones the person decides it's OK for us to see, or wants to withhold because an email is "personal".

In other words, with her legal representative stating that she destroyed the records she possessed and had decided not to allow us to see, she is now disqualified from holding any office. Including President. Barred by Federal law.

From her lawyer's mouth.

The big question: Will she obey this law???

------------------------------------------------------

Gowdy Clinton wiped email server clean deleted all emails - Yahoo News

Clinton wiped email server clean, deleted all emails

Associated Press
By MATTHEW DALY
45 minutes ago

WASHINGTON (AP) — Hillary Rodham Clinton wiped her email server "clean," permanently deleting all emails from it, the Republican chairman of a House committee investigating the 2012 Benghazi attacks said Friday.

Rep. Trey Gowdy, R-S.C., said the former secretary of state has failed to produce a single new document in recent weeks and has refused to relinquish her server to a third party for an independent review, as Gowdy has requested.

Clinton's attorney, David Kendall, said Gowdy was looking in the wrong place.

In a six-page letter released late Friday, Kendall said Clinton had turned over to the State Department all work-related emails sent or received during her tenure as secretary of state from 2009 to 2013.

"The Department of State is therefore in possession of all Secretary Clinton's work-related emails from the (personal email) account," Kendall wrote.

Kendall also said it would be pointless for Clinton to turn over her server, even if legally authorized, since "no emails ... reside on the server or on any backup systems associated with the server."

The Clintons are masters at getting away with crime. Bill and Hillary are doing what they normally do.

 

[Siete]

the idiot RW have brought this subject up countless times ... countless times they get their ass handed back to them ...

if they weren't SOOOOOOOOOO damn dumb they would/should learn... but nooooooooo

 

[OKTexas]

its a proven fact that no law was broken, and you cant tell these RW idiots any different ...

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

seriously? you're kidding aren't you? or are you really that damn stupid?

here dumb butt ...

H.R. 1233 complements ongoing efforts by the National Archives and Records Administration and the Office of Management and Budget to implement Obama’s 2011 Memorandum on Managing Government Records.



The bipartisan bill was co-sponsored by House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., and Ranking Member Elijah Cummings, D-Md., along with Senate Homeland Security and Governmental Affairs Committee Chairman Tom Carper, D-Del., and Ranking Member Tom Coburn, R-Okla


be somebody and learn something for a change ..

Has no relevance to the law cited in the OP other than the administration finding ways to implement it, but thanks for playing.

BTW nothing you posted exonerates the hildabeast.

 

[BlindBoo]

Getting the cell next to Lois ready?

 

[Siete]

its a proven fact that no law was broken, and you cant tell these RW idiots any different ...

You got a link to that................proof. Other than the hildabeasts statements that she did nothing wrong.

seriously? you're kidding aren't you? or are you really that damn stupid?

here dumb butt ...

H.R. 1233 complements ongoing efforts by the National Archives and Records Administration and the Office of Management and Budget to implement Obama’s 2011 Memorandum on Managing Government Records.



The bipartisan bill was co-sponsored by House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., and Ranking Member Elijah Cummings, D-Md., along with Senate Homeland Security and Governmental Affairs Committee Chairman Tom Carper, D-Del., and Ranking Member Tom Coburn, R-Okla


be somebody and learn something for a change ..

Has no relevance to the law cited in the OP other than the administration finding ways to implement it, but thanks for playing.

BTW nothing you posted exonerates the hildabeast.

except THIS ..

Public Law (11/26/2014)

(This measure has not been amended since it was reported to the Senate on July 23, 2014. The summary of that version is repeated here.)

Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.

Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.

Prohibits the President, the Vice President, or a covered employee (i.e., the immediate staff of the President and Vice President or office advising and assisting the President or Vice President) from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless the President, Vice President, or covered employee: (1) copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the presidential or vice presidential record; or (2) forwards a complete copy of the presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the presidential or vice presidential record.


THAT ^^^^^^^^^^^^^^^^^^

pop quiz tomorrow ...

 

[HR Pufnstuf]

the idiot RW have brought this subject up countless times ... countless times they get their ass handed back to them ...

if they weren't SOOOOOOOOOO damn dumb they would/should learn... but nooooooooo

First the wheels of congressional investigations turn slowly and with this one being aimed at Hilary Clinton those pursuing this case will be even more cautious. So Congress is far from getting their asses handed to them. My question for you is that if Mrs. Clinton can score political points by handing the WR their asses on this subject then why is it that the former Secretary of State has chosen not to speak to the press for three weeks now? Why is she hiding from those who once was her most ardent supporters? Do you really think that this behavior will go unpunished? Perhaps she is hoping that this will all go away and refuses to speak to the press until it is forgotten. I think that scenario is highly unlikely since much of the information about this is sourced from the New York Times, which the last time I checked, is not considered a bastion of WR thinking. But the junior senator from New York has a much larger problem, which is how to distance herself from the current administration that according to Rasmussen has an approval rate of 23%. That number rivals Bush's lowest poll numbers. There is no way for the President to allow her to distance her campaign from his administration without causing harm to his current policy or his legacy. Please respond but not if you are unwilling to stop with sarcasm and truly want an actual debate......