Is Hillary Clinton above the law?

Should Hillary Clinton be prosecuted for violating federal law by deleting her emails from her private email server that was used for official government business?  Let your voice be heard!

Prosecute Hillary?
  • 95.28%
  • 4.2%
  • 0.52%
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Enter the code

The chairman of the Senate Judiciary Committee — not just a rank-and-file House member — alleged that Hillary Clinton likely broke the law with her use of private emails as secretary of state.

James Carville, the mastermind behind Bill Clinton’s 1992 campaign, downplayed the idea Wednesday that the email scandal involving former Secretary of State Hillary Clinton will trip her up as she lays the groundwork for a 2016 presidential run.

The “Ragin’ Cajun,” said on MSNBC’s “Morning Joe” show that he thinks that Mrs. Clinton’s use of email was “totally legal” and said that the Republican investigation into it is not going anywhere.

“At the end of the day, I predict this whole thing is going to amount to diddly-squat,” Mr. Carville said.

“She now has admitted to destroying subpoenaed evidence after she was on notice of the existence of the subpoena. That’s known as obstruction of justice, as well as destruction of the documents,” said Napolitano.

The Laws

At issue are four sections of the law: the Federal Records Act, the Freedom of Information Act (FOIA), the National Archives and Records Administration‘s (NARA) regulations and Section 1924 of Title 18 of the U.S. Crimes and Criminal Procedure Code.

  • The Federal Records Act requires agencies hold onto official communications, including all work-related emails, and government employees cannot destroy or remove relevant records.
  • FOIA is designed to “improve public access to agency records and information.”
  • The NARA regulations dictate how records should be created and maintained. They stress that materials must be maintained “by the agency,” that they should be “readily found” and that the records must “make possible a proper scrutiny by the Congress.”
  • Section 1924 of Title 18 has to do with deletion and retention of classified documents. “Knowingly” removing or housing classified information at an “unauthorized location” is subject to a fine or a year in prison.

Hillary Clinton lied in her recent CNN interview she was subpoenaed, here is the subpoena.

Gowdy’s press release:

“Secretary Clinton had a statutory duty to preserve records from her time in office, she had a legal duty to cooperate and tell the truth with congressional investigators requesting her records, and she was personally subpoenaed the moment the Benghazi Committee became aware of her exclusive use of personal email and a server, and that the State department was not the custodian of her official record.  For more than two years, Clinton never availed herself of the opportunity, even in response to a direct congressional inquiry, to inform the public of her unusual email arrangement designed to evade public transparency. The State Department, which should have informed congressional investigators years ago, failed to do so either. The fact of the matter is it took the Benghazi Committee to uncover Secretary Clinton’s use of personal email and a server to conduct official State Department business. And it was Benghazi Committee inquiries that led the State Department to confirm Clinton failed to turn over all emails that should be part of her public record; that Clinton’s personal emails and server in fact do contain classified information; that her emails from Sidney Blumenthal were solicited; and that she used more than one device for electronic communication, undercutting her ‘convenience’ claim. With regards to Secretary Clinton’s claims today, the committee does not know why or when she chose to wipe clean her personal server, but we do know her way of doing things provided an incomplete public record.”

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