Monday, June 6, 2016

Federal Records Act & Freedom of Information Act

The US Department of State’s Office of Inspector General’s Report, for which Hillary Clinton and her staff all refused to be interviewed, clearly showed she wanted (illegal) secrecy while Secretary of State.

Both Hillary Clinton and Colin Powell violated federal record keeping rules.

Both did not turn over copies of their emails when they left office.

“Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service, and because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act,”  the audit report said.

Mrs. Clinton violated the Federal Records Act.

But it doesn't matter.

Violators face no consequences unless the crime is discovered while they are still public employees.

The Federal Records Act is a civil law, not a criminal law.

Penalties only apply to current federal employees.

The Inspector General's Report details violations of the Federal Record Act by then-Secretary Clinton and her personal staff, and State Department records-management officials, who knew of, and ignored, the violations.

The Freedom of Information Act also has penalties ... but only for someone still working for the federal government.

There would be real consequences for intentionally destroying federal records … but that could be difficult to prove because:

--- Clinton exclusively used her own server, unlike prior Secretaries of State.

--- Clinton did not turn over her server to the government.

--- Clinton reviewed the content on her server, and only sent in hard copies of those e-mails she felt like sending, to the State Department.

--- Clinton admits a majority of the e-mails were destroyed -- but we have no idea what she destroyed.

--- So it would be difficult to prove Clinton destroyed federal records.

House Speaker Paul Ryan, R-Wis., said in a statement: “Think about this, the highest ranking diplomat in the United States – the Secretary of State – deliberately broke agency policy to serve her own interests.”

The laws that Hillary violated were intended to promote government transparency. 

UNFORTUNATELY … there's nothing to prevent this from happening again !

I believe the FBI should recommend to the Justice Department that Hillary Clinton be indicted for a crime.

That crime is espionage -- taking home confidential and top secret documents -- over a thousand of them -- which were placed in a server unsecured from foreign hackers.

I would be surprised if her server was never hacked.

Although it will take more time to investigate, Bill Clinton also took a lot money for speeches, from at least nine foreigners who had business before the State Department.
(Source: Wall Street Journal) 

In addition, there were several large donations to the Clinton Initiative not long before, or after, State Department decisions that benefited the company making the donation.

They were detailed in the book "Clinton Cash".

It is not even obvious the Clinton Initiative is a real charity, because less than 10% of the spending is directly for people who need help
(i.e.; charity).