davefoc
Philosopher
I'm surprised just how wrong that headline is.
Lawyers from the justice department representing state department argued to a judge. What a strange way for wash times to put it.
It seems like the Obama administration is going into max defend mode over this.
I think on some things they will win without much question. Clinton was always in charge of deciding what was private and what was not. The fact that she used a personal server didn't effect that.
But I'm not so sure that Clinton couldn't have been forced to turn over emails. That is based on some pretty unambiguous rules that Clinton was in violation of. The notion that once she leaves the building the State Department couldn't force compliance seems like a stretch. This issue is moot right now anyway and I'm not sure why the Obama administration decided to bring it up in their filings.
And of course, once the issue of classified material came into play Clinton would have been forced to give up her hard disk ayway and my guess is that the FBI is beating the bushes trying to figure out who knows about back up procedures and the possible location of any media. I think there's a pretty good chance Clinton knew which way the wind was blowing on this and deleted the emails because she thought she'd be forced to turn over the hard disk. There was always a rock and hard place problem for Clinton on this. She could just do a simple delete in which case the FBI could probably recover most of the emails, or she could use special software to really scrub the disk in which case it's going to look like she was intentionally thwarting FBI efforts to figure out what went on as far as the classified files issue is concerned.
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