During an interview this week with CNN, Hillary Clinton boldly claimed that her email scandal was no scandal at all. She flatly declared, “everything I did was permitted. There was no law. There was no regulation. There was nothing that did not give me the full authority to decide how I was going to communicate.”
Mrs. Clinton certainly operated at the State Department as if “there was no law,” but she surely knows better. In fact, there is a lot of law, including criminal provisions, which governed her conduct.
Here is a partial list:
44 U.S.C. § 3102: Establishment of program of management
The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for
(2) cooperation with the Archivist in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value;
44 U.S.C. § 3105: Safeguards
The head of each Federal agency shall establish safeguards against the removal or loss of records the head of such agency determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and employees of the agency–
(1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301-3314 of this title, and
(2) the penalties provided by law for the unlawful removal or destruction of records.
44 U.S.C. § 3106: Unlawful removal, destruction of records
(a) FEDERAL AGENCY NOTIFICATION.—The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b) ARCHIVIST NOTIFICATION.—In any case in which the head of the Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
74 Federal Register 51020 § 1222.34
“Agencies must implement a records maintenance program so that complete records are filed or otherwise identified and preserved,” and “records can be readily found when needed.”
44 U.S.C. 3105-06; 74 FR 51029, National Archives and Records Administration (NARA) §§ 1220-1235, 1230.10, 1230.12 (2009)
Heads of federal agencies must “prevent the unlawful or accidental removal, defacing, alteration or destruction of records,” and “implement and disseminate policies and procedures to ensure that the records are protected against unlawful or accidental removal, defacing, alteration and destruction.”
44 U.S.C. § 3102: Establishment of program of management
The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for
(2) cooperation with the Archivist in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value;
74 FR 51017, NARA, § 1220.32(e)
“Records, regardless of format, are [to be] protected in a safe and secure environment and removal or destruction is carried out only as authorized in records schedules.”
74 FR 51029, NARA, § 1230.3(b)
“Removal means…transferring…or otherwise allowing a record to leave the custody of a Federal agency without the permission of the Archivist of the United States.”
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Didn't she also sack someone for committing the very crime she did, so she can't claim ignorance
ReplyDeleteHold on a second: If Hillary had her emails on her own PRIVATE server, then hypothetically were not removed from the Agency, and thus would not fall under Federal Regulations - quite the clever woman!
ReplyDelete