Posted on 03/03/2015 12:56:19 PM PST by E. Pluribus Unum
A pro-Clinton armada of progressive groups led by David Brock – Media Matters For America, American Bridge and Correct The Record – is waging an aggressive effort to dismiss the coverage of Hillary Clinton's potential violation of federal email requirements as "deceptive."
The news of Clinton's use of personal emails for official business was first reported by The New York Times.
The Times article, by Washington-based reporter Michael Schmidt, stated that Clinton's exclusive use of a personal email address at the State Department "may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record." In reports and press releases, Brock's groups argued that Schmidt's article neglected to mention that the relevant portions of the Federal Records Act pertaining to such requirement did not go into effect until November 2014, after Clinton's tenure at State.
Unfortunately for these pro-Hillary groups, the regulations that are relevant to Schmidt's report – the National Archives and Records Administration (NARA) requirements – have been in place since at least 2009, when Clinton became secretary of state.
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."
In short, the State Department was required to ensure that Secretary Clinton's emails, including those on personal accounts, were preserved in an agency record-keeping system. The failure to ensure such preservation would therefore likely be in violation of the federal requirements, though it's not clear whether all of her personal emails – or just those related to official business – would be required.
Schmidt believes that all of Clinton's emails would be required, and pointed to a 2008 definition from NARA that defines federal records as "documentary materials that agencies create and receive while conducting business that provide evidence of the agency's organization, functions, policies, decisions, procedures, and operations, or because they contain information of value."
Reached for comment, Media Matters President Bradley Beychok said, "Sloppy reporting created this ambiguity and the questions about which rule or law is being referred to should be directed to the New York Times. Last night, Politico itself reported that it was the 2014 law enacted after Secretary Clinton left office that was applicable in this case. Beyond that, now the New York Times' own source says Hillary Clinton didn't violate the law. It raises the question: did the New York Times ask its own source whether Secretary Clinton violated the law? If not, why not?"
He referred the On Media blog to a statement from Jason Baron, the former head of litigation at NARA, who said Clinton didn't "violate" the law and called the legislation "amorphous."
On Monday night, POLITICO reported, "A bill President Barack Obama signed last November declared that official messages sent on personal email accounts must be copied to an employee’s official account or forwarded to such an account within 20 days. The law, which was not retroactive, allowed employees to be subject to disciplinary action for failing to archive records but it did not carry criminal penalties."
Asked about the report at today's White House press briefing, Press Secretary Josh Earnest said it was "the responsibility of agencies to preserve those records even when those records exist on a personal email account.”
"The president, what he insists that all of the agencies do, is live up to the obligations they have under the Federal Records Act," Earnest said.
WTF does that mean? It's the agencies' responsibility to preserve those records that are hidden from them by the malfeasance of a government employee? How?
Since she totally skated on Benghazi, I’m afraid this email-gate is more like a traffic ticket for her.
It was said on Hannity’s Radio Show, maybe this will bring out more Democratic Candidates. Maybe this is a bad deal for her.
It should.
Bottom line, using a personal email address is not only a breach of protocol, it puts our nation at risk.
If I used my personal email for company business I would be fired. So why aren’t we enfocing these national security protocols???
I am speechless - This is a major problem and an insight into the mind of Hillary - and it’s evil as se attempts to be above the requirements to have emails on servers than can be scrutinized.
The ruling elite will never allow an honest patriotic person to ever sit in the WH. The more ruthless crime that one has gotten away with, the more the ruling elite will likely install that person. Hillary is a ruthless murderous lying criminal so she is a shoe in.
So she is negligent only by NARA standards and skates on any federal law that came into effect after she left State.
This is a Politico dream outcome, but it’s hardly locked down in the real world.
She (it) should be arrested. These criminals are insufferable in their arrogance and indecency.
In the early 1990’s I worked for a government agency that was not involved with either diplomacy or national security.
The use of email was relatively new.
We had to take several classes on internet and email security and follow-up classes every year.
It was instilled that all our official emails MUST be on our government email.
I would expect that the State Department would have even more restrictive rules.
I’m sure you are correct, but since BJ skated on the impeachment, Hillary feels confident NOTHING can stick to her.
The return of the flying monkeys
Hmmmm......
{"One law for me, another for thee!", so sayeth Queen Hillary!}
“A pro-Clinton armada of progressive groups led by David Brock – Media Matters For America, American Bridge and Correct The Record – is waging an aggressive effort to dismiss the coverage of Hillary Clinton’s potential violation of federal email requirements as “deceptive.”
How long before the LameStreamMedia (ABC/CBS/CNN/MSNB/NBC/NPR) accepts the line of march from the Progressive groups and establishes themselves as the de facto virtual-media-wing of the Billary campaingn? We’ll see, won’t we guys.
The Clinton Crime Family is mobilized!
Why would she use a personal email and not her official email?
Why? Hmmm...why?
I just can’t quite figure that out. Maybe it was just too difficult to change the account on her Skankberry, so she just decided to use the single account.
If that cat could talk what tales he’d tell...
The Nazgul wheel around and fly desperately to the Mount of Fire! (another form of the same story).
Ness “Mr Capone I need all your written correspondence concerning sales, profits and taxes.”
Capone “Mr. Ness I will have my personal and trusted accountants gather any and all incriminating evidence against me for your immediate use.”
Ness “Why thank you very much Mr. Capone, what did your accountants find that would incriminate you in tax evasion, murder, gambling, extortion, and illegal sales of alcohol?”
Capone “Mr. Ness, they found absolutely nothing, in fact my record is so clean and shining and honest, I think I will run for President.”
Ness “Excellent Mr. Capone, and I feel sure I can support you for President. You are a good man Mr. Capone and I must apologize for every doubting you honesty and splendor. “By the way Mr. Capone, why is your accountant called GUIDO THE MAGIC WEASEL OF NUMBERS AND LIES? He seems like a really nice guy.”
Well done!
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