Plenty of lawyers, including some who have a lot of experience with federal-records laws, have opined that Hillary Clinton did not “technically” violate the law. Reasonable minds may disagree, but that conclusion is hard to accept. The Federal Records Act requires the preservation of any official “record,” which is defined functionally to require preservation whenever a record relates to the performance of a federal official’s duties. There is little question that Hillary Clinton was conducting official business on her private e-mail account, and her turning over 55,000 pages of documents only after she left office all but concedes that (but may not concede the full scope of her use of that account). There is also little doubt, given this functional definition, that e-mail has been covered by the Federal Records Act since its adoption by the federal government during the Clinton administration. As Ian Tuttle correctly notes, the State Department’s own manual has plainly provided, since 1995, that e-mail records must be preserved under the Federal Records Act. . . .