Hi
320 Years of History
A. I found this reference in one of the links I was given:
Reports surfaced late this week that an inspector general review had found that at least four emails Clinton had kept on her server were classified “secret” at the time — a finding that calls into question her assertion in March that she took care to avoid sending classified materials.
News of the inspector general’s review was first reported late Thursday night by the New York Times — prompting a furious pushback from the Clinton campaign. The Times
altered its initial story after complaints from the Clinton camp, along with the Justice Department’s clarification that the inspector general had not requested a criminal investigation.
See below for larger context:
Clinton went on to say that she turned over 55,000 pages of emails to help the State Department, which had asked all living former secretaries to do the same in order to help with their record-keeping efforts. Clinton then said it was her own desire for transparency that had led to the arguments over levels of classification.

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“Then I said, ‘Well let’s make it public.’ If I just turned it over, we would not be having this conversation, but when I said, ‘Hey I want this to be public’, it has to go through the FOIA process.
“That’s what’s going on here. I’m going to continue to say I want it to be made public as soon as it possibly can. And we will do whatever we can to try to get that process to move along,” she said.
Reports surfaced late this week that an inspector general review had found that at least four emails Clinton had kept on her server were classified “secret” at the time — a finding that calls into question her assertion in March that she took care to avoid sending classified materials.
News of the inspector general’s review was first reported late Thursday night by the New York Times — prompting a furious pushback from the Clinton campaign. The Times
altered its initial story after complaints from the Clinton camp, along with the Justice Department’s clarification that the inspector general had not requested a criminal investigation.
Clinton said the question over classification is a common disagreement in the government.

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“[T]he argument is over ‘this should’ve been done’ or ‘this now should be done.’ That has nothing to do with me. That is a discussion among various agencies within the government,” Clinton said. “This material is all on the unclassified system of the State Department. If we were not asking for it to be made public, there would not be a debate. This is all about my desire to have transparency and make the information public.”
Asked whether she thought the Justice Department should investigate the emails, Clinton said it’s up to them.
“They can fight or argue over it, that’s up to them. I can just tell you what the facts are, and there’s nothing contradicted in those facts I’m telling you by anything anyone has said so far,” she said.
B. If she claims she does support transparency, this contradicts complaints that she first denied things and then admitted them later. And also why she was using this server that nobody knew about.
The article does cite "at least 4 emails classified as Top Secret at the time" but was later changed?
C. If other members of administrations have also been sending security-sensitive information by private email, then all such activity should be stopped. So in the future we can police, document and request FOI on these communications.
From the "conjectures" I heard about the motives, by using a private server/email
then the public cannot make Freedom of Information requests,
and other conflicting business could be conducted, such as making illicit arms deals or
conducting other business for profit in conflict with official duty.
If it is true that Clinton changed her story, clearly that doesn't indicate transparency
unless she acknowledges fault in this.
If she and Obama put party politics above Constitutional duty, that's not transparent
unless they are honest about it and asking people to vote for beliefs that Govt does not
have authority to enforce unless the public consents to integrating beliefs into public policy.
Christians on the right will admit they are trying to enforce and embed Christian values in govt,
and some will admit when it goes too far and conflicts with Constitutional laws limiting govt from intruding
on private matters and beliefs.
I have yet to see Democrats admitting any such bias.
As for Clinton and duties as Secretary of State, I would want officials with the sense to know
that anything dealing with official govt business should be managed on govt emails and servers
for accountability sake.
Hillary Clinton's email: Did she follow all the rules?
There was not an explicit, categorical prohibition against federal employees using personal emails when Clinton was in office, said Daniel Metcalfe, former director of the Department of Justice’s Office of Information Policy, where he administered implementation of the Freedom of Information Act. High-level officials like Clinton need the flexibility to sometimes use a personal email, such as responding to a national security emergency in the middle of the night.
So it seems she didn’t break a rule simply by using a personal email to conduct business. Rather, by using personal emails
exclusively, she skirted the rules governing federal records management, Cox said.
A federal record is any documentary material, regardless of physical form, made or received by a government agency, according to the
National Archives and Records Administration (NARA), which oversees federal recordkeeping. Records are preserved as evidence of the agencies’ activities, decisions and procedures. Each agency is responsible for maintaining its records in accordance with regulations.
It would have been a violation of the NARA's rules in the
Code of Federal Regulations for Clinton to use personal email exclusively, Metcalfe said. The code requires federal agencies to make and preserve records that duly document agency activity, so that they are readily available when needed -- such as for FOIA requests or congressional inquiries. Using personal email exclusively is contrary to proper record preservation.
"Anyone at NARA would have said you can’t use a personal email account for all of your official business," said Metcalfe, who held his position in part during former President Bill Clinton’s administration.
Had Clinton used a @state.gov email address, every email sent and received would have been archived in the State Department system. Clinton, who served from 2009 to 2013, has argued that her emails were archived in the system because she was in the habit of sending them to other government employees with .gov email addresses.
However, experts said this defense is insufficient. Under this practice, the State Department records management system would have captured emails from Clinton to a State Department employee, but it would not necessarily capture emails from Clinton to government employees in other departments or non-government employees, said John Wonderlich, policy director for the Sunlight Foundation, which advocates for government transparency.
Although they may contain the same individual emails, Clinton’s outbox and other employees’ inboxes are considered two separate records, which is important for locating the records in response to specific requests.
For example, even if Clinton had sent every email to individuals with state.gov or other federal agency addresses, that procedure would hamper State Department compliance with Freedom of Information Act requests for Clinton’s emails, said David Sobel, who directs a FOIA project at the Electronic Frontier Foundation, a digital freedom advocacy group. It would not be apparent to agency personnel conducting the search that they would need to search the accounts of myriad employees to locate all of Clinton's emails, he said.
"In fact, State likely would have argued that it would be unreasonable to conduct such a far-reaching search," Sobel said.
In 2013,
Gawker filed a FOIA request to the State Department for emails between Clinton and long-time adviser Sid Blumenthal after a hacker had revealed emails that Blumenthal sent Clinton. Although the emails were already known to the public, the State Department told Gawker that no such correspondence existed. Gawker believes this shows that Clinton was able to use her personal email to thwart the FOIA process.
"Using a personal email account exclusively is a potent prescription for flouting the Federal Records Act and circumventing the Freedom of Information Act," Metcalfe said. "And there can be little doubt that Clinton knew this full well."
In response to a State Department request last year, Clinton turned over 55,000 pages of emails and documents from her private email server, leaving out emails and documents that she said were of a personal nature, like wedding and funeral plans. She later said she deleted these personal emails.
Cox said the fact that Clinton’s staff -- rather than a State Department federal records officer -- chose which emails to destroy is "honestly breathtaking." Her private employees don’t have the authority to decide what does or doesn’t count as a federal record. Further, when she was making these choices, she was acting as a private citizen, not a government employee.
In Clinton’s defense, we should note that it was only after Clinton left the State Department, that the National Archives issued a recommendation that government employees should avoid conducting official business on personal emails (though they noted there might be extenuating circumstances such as an emergency that require it). Additionally,
in 2014, President Barack Obama signed changes to the Federal Records Act that explicitly said federal officials can only use personal email addresses if they also copy or send the emails to their official account.
Because these rules weren’t in effect when Clinton was in office, "she was in compliance with the laws and regulations at the time," said Gary Bass, founder and former director of OMB Watch, a government accountability organization.
"Unless she violated a rule dealing with the handling of classified or sensitive but unclassified information, I don’t see how she violated any law or regulation," said Bass, who is now executive director of the Bauman Foundation. "There may be a stronger argument about violating the spirit of the law, but that is a very vague area."