We Finally Know The Not-So-Harrowing Regulation Hillary Clinton Allegedly Violated
Before we continue, let’s recap.
Bear in mind what the article said. Clinton “may have” violated regulations by not storing records from her private email account on government servers.
Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.
Naturally, many of us stumbled onto the law that was cited by name in the article: the Federal Records Act of 1950, which was amended by Congress and the president in late 2014, nearly two years after Clinton stepped down.
After extensive research to discover a key fact that should’ve been in Schmidt’s article, we learned that during Clinton’s tenure, the Federal Records Act didn’t outlaw the use of private accounts and, prior to the 2014 update of the law, didn’t require the storage of private account email records on federal government servers. This State Department excerpt from the Foreign Affairs Manual (FAM pdf page 5) also outlines the proper use of email by department employees. While it defines emails as “federal records,” the October 1995 guidance doesn’t explicitly require the archiving emails on federal government servers, nor does it forbid the use of private email accounts. Clinton clearly retained an archive of her emails per the law and State’s guidance, but she apparently didn’t copy her emails onto the department’s archive (until last year, that is).
Finally, after too many hours of guesswork about something that should’ve been in the article in the first place, Schmidt revealed to Politico the alleged violation, which turned out to be a line from the U.S. Code of Federal Regulations (CFR):
According to Section 1236.22 of the 2009 NARA requirements, which Schmidt provided in an email, “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.”
First of all, why wasn’t this in the original article? Regardless, we checked it out and sure enough it was right there in the CFR… CONTINUE READING
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Copyright 2015 Liberaland
By: Bob Cesca
Bob Cesca is the managing editor at The Daily Banter (www.thedailybanter.com) and a Huffington Post contributor since 2005. He's worked in journalism since 1988 as a print writer/editor, a radio news anchor, a digital media columnist/editor, a book author and blogger. He's the co-host of the Bubble Genius Bob & Chez Show podcast and a Thursday regular on the syndicated Stephanie Miller Show. He's appeared on numerous other radio shows including the John Phillips Show and Geraldo Rivera Show in Los Angeles. Bob has been a commentator/analyst on the BBC (TV and radio), MSNBC, Current TV, CNN and Sky News. Following him on Twitter: @bobcesca_go
18 responses to We Finally Know The Not-So-Harrowing Regulation Hillary Clinton Allegedly Violated
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jybarz March 4th, 2015 at 08:16
Another fabricated scandal the GOP has been salivating that sizzled.. frizzled.. and finally fizzled away…… . . . . . . . p u f f
William March 4th, 2015 at 09:40
Another Fox fed lame-oh attempt by the right to impeach a candidate who hasn’t even announced her intentions.
wpadon March 4th, 2015 at 09:45
Its not like she destroyed the hard drives of all the computers she used as Secretary of State after she left office.
Foundryman March 4th, 2015 at 11:03
The next investigation should ask who gave Schmidt the information and who hired him to write a falsified hit piece?
tiredoftea March 4th, 2015 at 12:36
I’m just going to guess that the NYT will not be supporting her in the next election.
William March 4th, 2015 at 14:15
He broke a law before it was a law. …TIME-MACHINE-GHAZI
rg9rts March 4th, 2015 at 17:38
Seems to be the thing that the gopee does on a regular basis. Christie, Walker,Jeb Bush…all used private email to conduct official business
Warman1138 March 5th, 2015 at 03:16
Bush has hired help to clean his e-mail and other accounts, squeaky, squeaky clean.
rg9rts March 5th, 2015 at 04:27
Just doing that means there is dirt to be covered up…That is gopee style thinking
rg9rts March 4th, 2015 at 17:39
Benghazi Benghazi Benghazi
Gina March 4th, 2015 at 19:12
They’ll resurrect it!
burqa March 5th, 2015 at 03:01
VINCE FOSTER! FILEGATE! TRAVELGATE! WHITEWATER!
ExPFCWintergreen March 4th, 2015 at 21:42
I think it was the law of political common sense. Murder will out. Bottom line: follow the rules, because no matter how benign the reason, no matter how trivial the transgression, someone’s going to make political hay of it.
burqa March 5th, 2015 at 02:59
Good points.
The whole idea was dumb to begin with, and it was likewise foolish to wait so long before sending those emails to the National Archives.
So now she’s paying a political price, as she should.
It’s not Watergate, but it gives her political foes ammo.
Ronald L March 4th, 2015 at 22:03
If Hillary had used government email, it would have been hacked by Bradley Manning and Edward Snowden.
If you ask me, Hillary was the smarted tech geek in the room for doing this.
frambley1 March 5th, 2015 at 01:53
Unfortunately it is out there now. Bengazi. And the righties will keep going on about it, even though it is bunk. Fast and Furious. They have shown time and time again that the truth is not of their concern. 9/11
You didn’t build that. Death Panels.
Warman1138 March 5th, 2015 at 03:12
The GOP will make something out of nothing and lie like there’s no tomorrow and supply fuel for the crazies that mistakenly believe them. What makes it so terrible is they know that they lie and mislead…….and they don’t care about the damage they cause.
rg9rts March 5th, 2015 at 04:25
Just so0me more mud dug up from the pot by the gopee to throw around….hoping something will stick this time…