Fmr. Top DOJ Official: Clinton Likely Committed ‘Biggest Violation of Federal Records Act in History

[pmorlan1]

Last edited Sat May 14, 2016, 02:27 AM - Edit history (1)

Dan Metcalfe was the Founding Director of the Justice Department’s Office of Information and Privacy (1981-2007). Metcalfe was essentially “the federal government’s chief information-disclosure ‘guru.'”

When most people hear the phrase, “violates the law,” or “is contrary to law,” or perhaps even the word “unlawful,” they tend to think that the conduct involved is a violation of some criminal law for which there are criminal penalties. But some laws and legal obligations are only civil in nature, for which there exist only monetary or administrative sanctions at best. Such is the case with federal records laws such as the Federal Records Act and the Freedom of Information Act, which govern the conduct of federal employees and officials, even that of former Secretary of State Hillary Clinton.

What’s more, the civil sanctions provided in these laws can be applied only to people who still remain federal employees at the time at which their violation is discovered and acted upon. In other words, if you violate these laws and then leave government service quickly enough, you are beyond the reach of their penalties. Indeed, a common refrain among political appointees during the latter part of the George W. Bush Administration was: “That’s OK, because by the time anyone finds out about it, we’ll be long gone.”

Recently, these two key civil laws have figured prominently in the wide-ranging controversies surrounding Hillary Clinton’s exclusive use of a personal e-mail account, compounded by a private e-mail server, during nearly the entirety of her four-year tenure. (The fact that she systemically also bypassed the State Department’s special system for classified or potentially classified e-mails is a matter of criminal law, subject to a “gross negligence” standard, that is not further addressed here.) This conduct violated the Federal Records Act from beginning to end, including through what appears to be her utter failure to meet any of the requirements placed on a departing employee. This amounts to what can be viewed as the biggest, most consequential violation of the FRA in its history, as well as a blatant circumvention of the FOIA the likes of which have never before been seen.

And one more conclusion should be obvious: It is long past time for Congress to take a close look at this — regardless of how Secretary Clinton manages to fare on the criminal side of her docket — and update the Federal Records Act to provide meaningful sanctions (not to mention oversight) that effectively disincentivize at least such contumacious violations of it. Anything less, in the face of such sad circumstances would be abnegation of legislative responsibility as well.

Dan Metcalfe is a registered Democrat who has long said that he will vote for Hillary Clinton in November “if she escapes indictment and manages to become the Democratic presidential nominee.”

http://lawnewz.com/politics/hillary-clinton-absolutely-violated-the-federal-records-act-heres-why-she-cant-be-punished/

[grasswire]

1. WOW

Crickets from the peanut gallery!

[pmorlan1]

2. This is a devastating piece

and it doesn't even go into the criminal side. This is on the civil side and even though there will be no penalty it is devastating to her campaign for what she did.

[msongs]

3. this was already just posted. one person's opinion to be sure. must be getting on to after midnight

[w4rma]

4. And this article only talks about her civil crimes. It doesn't even touch the mishandling of secure

and classified information.

[cantbeserious]

5. Duplicity Is As Duplicity Does

eom

[Skwmom]

6. He is just saying that because he is sexist!

Last edited Sat May 14, 2016, 06:30 AM - Edit history (1)

[mindwalker_i]

8. He's a Hillary Hater (tm) too!

[nadinbrzezinski]

7. For those of us who file FOIA requests this is far from humorous

[Ash_F]

9. Yeah I have to file on a couple cases Monday.

Unrelated to this of course. But it still irks me.

[highprincipleswork]

10. "if she escapes indictment and manages to become the Democratic presidential nominee.” Those are

very strong words, from someone who vows to support her if....

For me, I would add, and runs the campaign with Progressive values she has promised to run. Veering back rightwards, as in days of old, to appeal to those little Ronny Reaganites just isn't going to cut it with me. I mean, even Trump knows this is a bad policy, and I ain't voting for Trump.

Hillary and the Democratic Party will be wise to stay with the Progressive/Populist/Liberal principles that Bernie's campaign has shown are so popular and that Hillary has joined in so far - that is if they hope to retain and even add to their coalition.

The American public, thwarted so long by triangulation and b.s. like that, is thirsty for a party that actually proves that it works for the people. No more bait and switch, no more waffling. Just put that Progressive message out there, and we will run roughshod over the Republicans this Fall, and what's more - WE WILL DO IT TOGETHER!

Failing that, we've got 1968 all over again.

[Peace Patriot]

11. They are already deliberately strangling Sanders' voice at the convention.

Something like 75 committee seats at the Dem convention, and Hillary and Debbie have decided to give only 3 of them to Sanders, and are also stacking the chairs with people hostile to any change, so those 3 won't get a word in edgewise.

You'd better revise your plan. Clinton is not going to turn liberal. She's got too many favors to do for the uber rich. She is SHUTTING DOWN DISSENT. It will be a "triangulation" platform of "incremental" change that won't mean shit when it comes to Clinton action. In any case, whatever the FBI decides to do about the colossal mess she has already created with her private, secret email server, she's going to be hit with Articles of Impeachment by the Pukes in Congress the day after her inauguration (if she can beat Trump and I don't think she can) and she won't have any time to think of peons' issues like $12/hr. Her four years, if she lasts that long, are going to be consumed with scandals and defense against scandals.

The private email server.
The Clinton Foundation.
The Saudis and the Russians.

A toxic mix. She is indictable, and if she doesn't get indicted, the Pukes are gonna get her. So it doesn't really matter what she promises, "incremental" as it may be. They may cooperate on whatever the banksters and the war profiteers want, but she'll have the excuse of being under siege on anything that benefits us. And we may well be thrown back to the 19th century with the privatization of Social Security and the creation of "Poor Houses" for those who can't pay their debts.

Our only recourse is to help California and Oregon produce blowouts for Bernie Sanders, which could well happen. CA will register ONE MILLION new voters by the May 23 deadline, and Oregon has also seen an unprecedented surge in new voter registrations. (CA had 850,000 new reg's as of March. Most of them Democratic, and with a 150+% increase in young voters!) A blowout is in the works. We just have to GOTV!!!

[highprincipleswork]

12. i don't have to change my plan. I'm only saying that if the Democratic Party and Hillary Clinton

don't change their plan, away from triangulation and towards true Progressive style politics, even a cretin like Trump is going to run to the Left of them, steal their thunder and I believe win the election.

They are slow to get the evidence of the Bernie Revolution. Whether or not Bernie is successful, his campaign, starting from practically zero name recognition, shows the hunger for anti-establishment, not the same bullshit watered down politics, but a party of, for, and by the people.

if the Democrats don't get this, and alter their post-Reagan defeatist compromising ways enough to include the Sanders coalition and likeminded voters throughout this country, they are distinctly going to splinter their party, their vote, and very likely lose their golden opportunity to win this election.

GOTV on the other hand, I fully believe in that.

[ucrdem]

13. I guess she should have fired herself.

[tk2kewl]

14. disqualifying

[JEB]

15. Oopsi. I'm sure meant it in the nicest way.