44 USC Chapter 31, which is titled RECORDS MANAGEMENT BY FEDERAL AGENCIES.
"The head of each Federal agency shall make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities"
"§ 1236.22 What are the additional requirements for managing electronic mail records?
(a) Agencies must issue instructions to staff on the following retention and management requirements for electronic mail records:
(1) The names of sender and all addressee(s) and date the message was sent must be preserved for each electronic mail record in order for the context of the message to be understood. The agency may determine that other metadata is needed to meet agency business needs, e.g., receipt information.
(2) Attachments to electronic mail messages that are an integral part of the record must be preserved as part of the electronic mail record or linked to the electronic mail record with other related records.
(3) If the electronic mail system identifies users by codes or nicknames or identifies addressees only by the name of a distribution list, retain the intelligent or full names on directories or distributions lists to ensure identification of the sender and addressee(s) of messages that are records.
(b) Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system."
That is the law, she broke it.
I find it an amusing, pathetic display of lefty hypocrisy, don't you?
I mean, on the one hand, we have leftists explaining how Clinton complied with the law...as it is written...to excuse her actions. On the other hand, those same leftists argue that the current Obamacare case before the Supreme Court should be thrown out because the law...as it is written...shouldn't be followed.
But that's where the hypocrisy comes in. In the Clinton case, they aren't interested in "intent"...rather the words of the law...as written.
The intent matters. It was not common understanding that the Federal Records Act covered emails. That why Secretaries of State like Clinton and Powel maintained private email accounts and why the FRA had to be clarified to make it clear. Hillary has made her emails available. She has met the spirit of the old law. She can't go back in time and have not had a personal account but she has provided the emails which puts the record keeping at parity with the new law. Naturally, this will not keep the Republican conspiracy mill from cracking out all kinds of BS. This will juice up the base and bore the hell out of the rest of us.But that's where the hypocrisy comes in. In the Clinton case, they aren't interested in "intent"...rather the words of the law...as written.
No...what's screwed up is that the Democrats wrote the law with a certain intention (forcing the States to create their own exchanges) and when that intention blew up in their faces they found they had to go into spinning mode...hence these after-the-fact assumptions.All kinds of people who were responsible for writing and enforcing the law (including Republican Governors) have said that they assumed that the law allowed subsidies no matter the exchange (state or federal). What is actually screwed up is this continuous Republican attack the ACA.
The problem here is that everyone is stressing the letter of the law and minimizing Hillary's actual intentions. She never made her emails available...for years...until matters forced her to turn them over. And nobody is sure she has actually turned them ALL over.The intent matters. It was not common understanding that the Federal Records Act covered emails. That why Secretaries of State like Clinton and Powel maintained private email accounts and why the FRA had to be clarified to make it clear. Hillary has made her emails available. She has met the spirit of the old law. She can't go back in time and have not had a personal account but she has provided the emails which puts the record keeping at parity with the new law. Naturally, this will not keep the Republican conspiracy mill from cracking out all kinds of BS. This will juice up the base and bore the hell out of the rest of us.
Face it...to liberals/progressives/socialists/Democrats, nothing matters...not even blatant hypocrisy...if the means bring about the ends.
She said she will give up 55,000 of her emails, divide 55,000 by four years in office and you have 13,750 emails per year, divide that number by 12 months and you get 1,146 per month. Take weekends off and you have 22 work days, so 1,146 emails divided by 22 gives you 52 emails per day. Anyone smell something here? Keep in mind the 55,000 does not include the emails she is hiding.
The Clinton email controversy isn’t going away, no matter how hard Media Matters’ David Brock–a die-hard Clintonite–tries to squash it. Clinton appears to have created multiple private email address, and a senior State Department official said that she was probably operating in direct violation of State Department policy regarding electronic communications for six years. Clinton’s way of executing official government business through a private server also exposed the United States to data breaches. Additionally, it appears that 90 percent of the emails Clinton turned over could have already been in State’s hands since it was intra-department communication with employees using the state.gov email address. This pretty much kills any “she’s being transparent … because emails” talking point that some of her defenders have been peddling (via WaPo)
Of the e-mails that were turned over to State, the Clinton aide said, 90 percent were correspondence between Clinton and agency employees using their regular government e-mail accounts, which end in state.gov.
The remaining 10 percent were communications between Clinton and other government officials, including some at the White House, along with an unknown number of people “not on a government server,” the aide said. The aide requested anonymity because the e-mails are not yet public.....snip~
Wait, The State Department Already Had 90 Percent Of The Emails Clinton Turned Over? - Matt Vespa