Second, in that law the definition of public record is ambiguous. Read the bolded part again and note the comma AFTER "other material". A public record is that list of material "things"...documents, films, etc and 'other material' things. Those "things" "regardless of their physical form...means of transmission" might be a public record. For example, faxing a contract can be a public record. Emailing a contract as an attachment is a public record. But is the comments in the email eligible to be a public record?
Third, there are only three ways to resolve the lack of plain meaning a) Examine how the term public records is interpreted elsewhere in the chapter (working definition) b) examine any contemporaneous documentation (e.g. office manuals, court opinions) that demonstrate that the "original understanding" at the time was that it included email.
Sorry, that dog won't hunt either. It does not say a "public record" is any information stored on a computer, it says a public record may be accessible by remote electronic means. The question is if an email, in and of itself, is a public record APART from any document, letter, etc. stored in electronic form?Also, I have read the chapter and I've seen that they do not merely "infer" that some records are electronic. They explicitly state that "public records" include information stored in computers:
119.07 Inspection and copying of records; photographing public records; fees; exemptions...
That is undisputed.the law CLEARLY covers documents (including letters) that are stored electronically.
If you recall I pointed out the false equivalency of a bank robber to a pickpocket - it says nothing about it being "ok" but when the defenders of the bank robber start pleading that it's 'the same' as a pickpocket who got off, well, you know that we have entered the realm of the twilight zone.Because he did not follow the law, but that's OK because it's different when he does it.
I have no problem pointing out that numerous government workers and agencies intentionally conceal public records, and that many officials (perhaps the majority) do not turn over private emails that may or may not constitute public records in their State. And no, its not okay. It is a "blue wall of silence" in all of civil service. And if I had my way, a good part of the officials of the EPA, IRS, and several other federal agencies would be tossed in the can for a few years.
BUT what Hillary did was unprecedented and egregious steps, with a clear intent to be sole custodian of ALL her public records.
And if this gives the GOP nomination to someone else, anyone else, I'd be pleased as punch.