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“...even if he used a private email address.”

There is no such thing as a private email address. His tact here is what’s called “talk around.” And it is illegal for a government employee of any type to use government funds and unapproved communication capacity in this manner.

Communications Security (COMSEC) is defined as the measures taken to deny unauthorized persons information derived from telecommunications of the U.S. government concerning national security, and to ensure the authenticity of such telecommunications. The U.S. Department of Labor (DOL) has the legal obligation to provide the necessary security surrounding the use of communication devices.

§2635.704 Use of Government property

(a) Standard. An employee has a duty to protect and conserve Government property and shall not use such property, or allow its use, for other than authorized purposes.

(b) Definitions. For purposes of this section:

(1) Government property includes any form of real or personal property in which the Government has an ownership, leasehold, or other property interest as well as any right or other intangible interest that is purchased with Government funds, including the services of contractor personnel. The term includes office supplies, telephone and other telecommunications equipment and services, the Government mails, automated data processing capabilities, printing and reproduction facilities, Government records, and Government vehicles.

(2) Authorized purposes are those purposes for which Government property is made available to members of the public or those purposes authorized in accordance with law or regulation.

More here:

https://fas.org/sgp/library/sbu.pdf

He’s guilty of misappropriation and/or disclosure of, at the least, sensitive information.

(1)Federal employees and other persons

It shall be unlawful for any officer or employee of the United States or any person described in section 6103(n) (or an officer or employee of any such person), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b)). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.

wy69