This question of whether Hillary Clinton will or will not be indicted over her private server simply will not go away, despite a number of smart people weighing in and dismissing the possibility out of hand, including the
Libertarian VP nominee, a
University of Michigan Law Professor, and even one of
Bernie Sanders own super delegates.
Sure there are still plenty of others, especially among
the Right Wing and
Sander's supporters, saying otherwise, but they clearly have an agenda.
So in an effort to put this whole thing behind us I decided to post a few factoids this morning.
First from Lanny Davis who is a Hillary supporter, and also a lawyer who provided legal council to Bill Clinton.
Courtesy of
The Hill:
First, the former secretary of State did nothing illegal by having a private email system. The department’s Office of Inspector General (OIG) pointed to “policies” that were violated but cited no laws that were violated and said these policies were inconsistently applied and need to be further clarified in the future. (This is a point I have
made here before.)
Second, Clinton was not trying to hide her use of her own private email address. In fact, 90 percent of all the emails she sent went to State Department employees with a state.gov email address, which she thought, mistakenly, would be automatically preserved on the department’s email server. How could she be seeking to hide her use of a private email address if she sent her private email to so many people at State? (Not understanding how e-mail works is not an indictable crime.)
Third, no email received or sent by Clinton was labeled at any level of classification. Multiple references in the media and in the right-wing blogosphere to Clinton emails containing “classified” information all refer to post-facto opinions — what could be accurately called classification by hindsight. State Department experts disagreed with many of those opinions. (Lot's of differing opinions on this, but I tend to think that Davis is correct.)
Fourth, according to the OIG, there is no evidence that Clinton’s private server was ever successfully hacked. In other words, all the dire and dark warnings from partisan Republicans about the secretary of State risking the nation’s security by using a private server are, in fact, all speculation — based on no facts whatsoever. (Yes I know that this
Guccifer fellow is bragging that he broke in, but so far there is no real evidence to back that up.)
Fifth, as pointed out by the inspector general, there was ample precedent for the use of private emails for official and private business, from Colin Powell to senior aides for Condoleezza Rice. (True, though people for some reason want to differentiate between using a private e-mail address and having a private server.)
Okay so there are those who might dismiss this guy's take on the situation based on his relationship with the Clintons but he seems to have the main facts down. (Yes I realize that dissenting opinions with links to back them up are being posted as we speak.)
Now I also happened to stumble across this post over at
Crooks and Liars:
First, many government officials have been using personal email for government business. I've been tracking several FOIA lawsuits for some time, and several have to do with government officials in various departments using personal email.
The government doesn't encourage using personal email, and people can't access private email in secure areas, but for the most part, government officials have been allowed to use private email, as long as they make some effort to ensure the emails are FOIA searchable. In many cases, all the person would have to do is forward the email on to their government email address, or someone else's government email address.
Now, as to the question of sending confidential email via private email address, the implications of doing so would be the same whether a person used a private email address, or a State email address. Email is inherently insecure. The general State email addresses are not secured to any degree beyond what most personal email addresses are secured. You can't use a personal email address to send confidential emails, but you can't use a State email address, either; not through the internet using a mobile device or home computer—not without very special precautions being taken.
So, let's fixate a little less on the private versus State email address. The issue of using a private email address is solely about whether the email is transparent, not secure.
The FBI doesn't care about transparency, only security. It only cares about whether the private email server Clinton used was hacked or not. We already know that the State Department's servers have been hacked.
Unless the Justice Department decides to indict several current and former employees of the State and other Departments—at least three Administrations back—and other assorted and sundry people, it's not going to indict Hillary Clinton.
Now this Crooks and Liars writer does not claim to have a law degree, but they seem to have a pretty good handle on the ins and outs of this "scandal."
However while this writer may not be a lawyer, Hillary Clinton IS a lawyer, as is her husband, and many of their close friends in the Clinton inner circle. Which means that if there were ANY possibility of an actual indictment, they would have already taken that into consideration.
Based on Hillary's attitude and overall mood on the campaign trail I tend to think she is not exactly losing any sleep over the possibility of being indicted.
And do you know who else has a law degree? President Obama, who
said this about the e-mail server:
“I continue to believe she has not jeopardized America’s national security,” the president said. “There’s a carelessness in terms of managing emails that she has owned and she recognizes. But I also think it is important to keep this in perspective.”
I will say once again that if the Democratic establishment REALLY thought there was a chance that Hillary would be indicted, they would have put the kibosh on her campaign a long time ago.
So no, Hillary Clinton is NOT going to be indicted over her e-mail server.
So the people voting in the primaries today can fill in the oval next to her name with complete confidence that the only obstacle between her and winning the White House is one Oompa Loompa colored egomaniac named Donald Trump.
And to be honest I really don't see him as that big of an obstacle.