• Hillary Clinton Used Personal Email Account at State Department

    March 4, 2015 // 24 Comments »

    hillary blackberry



    That sound you hear?

    That’s Republicans dancing a merry jig, and Benghazi investigators sharpening their subpoenas, because 2016 just got a lot more interesting with the revelation that as Secretary of State, Hillary Clinton conducted all official business using a personal email account on her own web domain.

    Here’s what happened, and why it matters. A lot.

    What Happened

    Hillary Clinton exclusively used a personal email account to conduct government business as secretary of state, violating federal regulations that officials’ correspondence be retained as part of the agency’s record and thus subject to Freedom of Information Act and Congressional requests. Clinton did not have a government email address during her entire four-year tenure, and her aides took no actions to have her personal emails preserved at the time, as required by the Federal Records Act.

    It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Clinton’s personal advisers reviewed tens of thousands of pages of her emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the Department. The contents of the rest are known only to Clinton insiders. The process Clinton’s advisers used to determine which emails related to her work at the State Department were turned over has not been explained.

    Instead, Clinton appears to have used email service through her own domain, clintonemail.com under the name hdr22@clintonemail.com. The domain was created on January 13, 2009, just before Obama was sworn into office, and the same day that Clinton’s confirmation hearings began before the Senate.

    In March 2013, an adviser to Clinton, Sidney Blumenthal, had his e-mail through the clintonemail.com domain hacked.

    The Clinton email domain is officially registered to a Jacksonville, Florida company called PERFECT PRIVACY, LLC. The company advertises itself by saying “By signing up for Perfect Privacy when you register your domain, our information is published in the WHOIS database, instead of yours.” That means Perfect Privacy acts as a cut-out, hiding the actual person or organization that set up the domain by sticking its own information online instead.

    Clinton as Secretary of State held herself to lower standards than the rank and file. According to eight pages of State Department regulations (5 FAM 440, 443.1), “All Government employees and contractors are required by law to make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency (Federal Records Act, or “FRA,” 44 U.S.C. 3101 et seq).”

    It is also apparent no one at State raised any questions. A large number of IT staff must have been aware that Clinton had no official email address, as must have security staff. Everyone who traded email with Clinton also knew. And no one said anything.

    Why It Matters

    The most basic reason this all matters is because it is the law. As Secretary of State, Clinton was required to maintain her emails as official records. She did not. She choose not to follow the law. Saying “everybody else did it” does not work for teenagers, felons in court or Secretaries of State. Since 2009, said Laura Diachenko, a National Archives and Records spokeswoman, federal regulations have stated that “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 record-keeping system.” The question isn’t whether Clinton was allowed to have a private email account; she was, as secretaries of state before her did. The question is whether she was allowed to be the steward of the archives under the 2009 Federal Records Act. She was not. That’s where the violation occurs.

    It also matters because Clinton’s email actions were deliberate, and included an effort to hide what she was doing. Her email domain was registered in a way to hide its actual ownership (still unknown), and was set up just as she re-entered public life. Clinton never disclosed the email account until the New York Times learned of it. That lack of disclosure continued even as she testified about the tragedy in Benghazi, assuring the public her Department’s internal review represented the full story.

    That review clearly did not represent the full story, in that it did not include any of Clinton’s emails. The review also did not note that the documents it had access to somehow did not include any emails from the Secretary of State. A careful analysis of Clinton’s testimony on Benghazi will need to be made to look for signs of possible perjury. If anything in the Clinton emails is new and relevant to understanding what happened in Benghazi, she should be held to explain why it was not revealed at the time of her testimony.

    The contents of whatever small portion of Clinton emails released to State, and questions about what is in the tens of thousands of pages withheld, will revive hearings into what happened in Benghazi and what role Clinton played. There remain questions about what information was withheld from Congress. Even of the thousands of pages State received from Clinton, only 900 have been turned over to Congress.

    Use of personal email to conduct government business in the age of hacking raises serious security questions, and calls into question Clinton’s commitment to protecting America’s secrets. According to The New York Times, Clinton also used a gmail account, hdr22@gmail.com, to conduct her official business.

    With no oversight, the only check on Clinton not discussing classified information in her emails was Clinton herself. “We have no indication that Secretary Clinton used her personal e-mail account for anything but unclassified purposes,” State Department deputy spokesperson Marie Harf said Tuesday. “While Secretary Clinton did not have a classified e-mail system, she did have multiple other ways of communicating in a classified manner (assistants printing documents for her, secure phone calls, secure video conferences).” Of course, since no one at State has seen the bulk of Clinton’s emails, they indeed may have “no indication.”

    2016 just got much more interesting. Republicans will raise the email issue in great detail, especially since Jeb Bush has already released his own email stash from his time as governor. Clinton does not seem prepared to address the question; her spokesperson said incongruously that her use of a personal email account was in compliance with the “letter and spirit of the rules.”

    Clinton as a leader allowed herself to be held to lower standards than that of her own rank and file. This, along with the decision to hide the emails itself and the violations of law, will raise questions about what type of president she might make.

    Not the First

    As Vox.com, and others, stated:

    [In 2009, as Clinton took office] The Bush administration had just left office weeks earlier under the shadow of, among other things, a major ongoing scandal concerning officials who used personal email addresses to conduct business, and thus avoid scrutiny.

    The scandal began in June 2007, as part of a Congressional oversight committee investigation into allegations that the White House had fired U.S. Attorneys for political reasons. The oversight committee asked for Bush administration officials to turn over relevant emails, but it turned out the administration had conducted millions of emails’ worth of business on private email addresses, the archives of which had been deleted.

    The effect was that investigators couldn’t access millions of internal messages that might have incriminated the White House. The practice, used by White House officials as senior as Karl Rove, certainly seemed designed to avoid federal oversight requirements and make investigation into any shady dealings more difficult. Oversight committee chairman Henry Waxman accused the Bush administration of “using nongovernmental accounts specifically to avoid creating a record of the communications.”

    That scandal unfolded well into the final year of Bush’s presidency, then overlapped with another email secrecy scandal, over official emails that got improperly logged and then deleted, which itself dragged well into Obama’s first year in office. There is simply no way that, when Clinton decided to use her personal email address as Secretary of State, she was unaware of the national scandal that Bush officials had created by doing the same.

    Clinton knew what she was doing, and was aware of the consequences for herself and the White House. She did it anyway. Under such conditions, people will be muttering “Hey, if you have nothing to hide, you have nothing to fear.”

    Questions

    One of the main reasons government officials use personal email is because it is not clearly subject to the Freedom of Information Act (FOIA), as it is not a government document. Since Clinton now admits at least some of her personal email is indeed part of her official record as Secretary, will does emails become subject to FOIA? One assumes most major new organizations are drafting their FOIA requests as we speak.

    And speaking of FOIA, since many/most of Clinton’s emails were not a part of official State Department records until recently means they would not have been identified in response to Freedom of Information Act requests, subpoenas or other document searches conducted over the past six years. Is anyone planning to reexamine those requests in light of developments?

    There is also the question of how many email accounts where. Republican Trey Gowdy, who chairs the House committee investigating Benghazi stated Clinton had more than one private email account. “The State Department cannot certify that have produced all of former Secretary Clinton’s emails because they do not have all of former Secretary Clinton’s emails nor do they control access to them,” he said.

    Who administered Clinton’s personal email network? S/he was not a government employee but had unfettered, Snowden-like access to government information conveyed at the Cabinet-level. As she also used a Gmail account, an unknown number of Google employees enjoyed a level of access unavailable to Clinton’s own State Department staff. Clinton’s personal email server backed up to a Google drive, wide-open to hackers both foreign and domestic.

    Why didn’t Clinton turn over her personal emails years ago? Why only recently?

    Instead of focusing on the “but was it illegal?” smokescreen, ask the simpler question: why did Clinton alone in her State Department rely 100 percent on a personal email account?

    And what about that famous Clinton Blackberry? Blackberry messages go through a special server run by an organization itself. State maintains such a server for its staff’s required use. Did Hillary’s Blackberry run through a State server or a private one? Let’s ask.




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    Posted in Democracy, Embassy/State