Saturday, September 12, 2015

Justice Department informs Federal judge that Hillary Clinton did nothing wrong concerning her e-mails, and that they have no power to demand any further records from her. So are we done here?

Courtesy of the Washington Times:

The Obama administration told a federal court Wednesday that former Secretary of State Hillary Rodham Clinton was within her legal rights to use of her own email account, to take messages with her when she left office and to be the one deciding which of those messages are government records that should be returned. 

In the most complete legal defense of Mrs. Clinton, Justice Department lawyers insisted they not only have no obligation, but no power, to go back and demand the former top diplomat turn over any documents she hasn’t already given — and neither, they said, can the court order that. 

The defense came as part of a legal filing telling a judge why the administration shouldn’t be required to order Mrs. Clinton and her top aides to preserve all of their emails. 

“There is no question that Secretary Clinton had authority to delete personal emails without agency supervision — she appropriately could have done so even if she were working on a government server,” the administration lawyers argued. “Under policies issued by both the National Archives and Records Administration (‘NARA’) and the State Department, individual officers and employees are permitted and expected to exercise judgment to determine what constitutes a federal record.” 

The legal brief said that means employees are required to “review each message, identify its value and either delete it or move it to a record-keeping system.”

Clinton claims that she and her lawyers did exactly that.

The conservative group Judicial Watch, which has sixteen open lawsuits against the State Department seeking Clinton e-mails, vehemently disagrees with this assessment and is hell bent on pursuing this matter for reasons that I think are obvious to just about anyone.

There still an ongoing investigation by the FBI into this matter as well, but I expect that it will also turn up nothing that will cause any real concern for Hillary or her campaign.

The State Department had already earlier stated that Hillary had broken no laws but that has done nothing to satisfy those on the right, and it is becoming increasingly clear that they are determined to make this an issue in 2016 through any means necessary.

I actually had a rather protracted discussion (Okay it was an argument.) about this just yesterday.

My friend, who is all about law and order, declared unequivocally that Hillary was done as a presidential candidate due to this e-mail thing.

When I brought up the state department's assertion that she had done nothing wrong, he simply said that they were wrong and that there were laws on the books demanding that government employees preserve their e-mails.

I brought up that neither Colin Powell nor Condoleezza Rice had preserved their e-mails while serving as Secretary of State, and he claimed that didn't matter because nobody was investigating them.

That I thought was perhaps the most truthful thing about this entire non-scandal.

The only reason this is an issue is because the conservatives needed an issue to use against Hillary, and this is all they could come up with.

I also responded to his claim that it is against the law to have classified information on private e-mail accounts by reminding him that Hillary also used a private e-mail account while serving as a Senator, and that other Senators and Congressmen continue to do the same, even though politicians at that level often receive and send information that would be considered classified.

To that he said it was not an issue, unless somebody decided to make it an issue.

And that my friends is the argument in a nutshell.

It really does no matter who is or is not sending classified materials just so long as their last name is not Clinton.

So I guess I will close this out by reiterating the question in my headline, even though I'm afraid I already know the answer, "So are we done here?"

70 comments:

  1. Anonymous4:51 PM

    The Media Owe Hillary Clinton An Apology for Their Bogus Email Scandal http://www.politicususa.com/2015/09/12/hillary-clinton-apologized-media.html

    ReplyDelete
    Replies
    1. Anonymous5:31 PM

      That is a really good article, be sure to read it!

      Delete
    2. Anonymous6:14 PM

      Wasn't that a great article? I sent it to my mom, whose support has been wavering due to all the crap Hillary has been called on TV. An excellent appraisal of her career, her persona, and the current garbage being thrown at her. Go Hillary!

      Delete
    3. Anonymous8:10 PM

      If it's on PoliticusUSA, I've earned to ignore it. That is nothing but a cheerleading site.

      Delete
    4. Anonymous8:49 PM

      Anonymous8:10 PM

      If it's on PoliticusUSA, I've earned to ignore it. That is nothing but a cheerleading site.
      ***
      Oh! Like Fox is for Sarah and her ilk? Ok then. Why are you here?

      Delete
    5. Anonymous10:11 PM

      Seriously, 8:10 PM?
      The truth hurts, doesn't it?

      Delete
    6. Anonymous3:10 AM

      Anonymous8:49 PM,

      Why not respond to the comment with facts instead "I know you are but what am I " silly comebacks? Why question someone's right to be here?

      Delete
    7. Anonymous6:17 AM

      4:51 PM That WAS a really good article. Politicususa tell the truth and our media is owned by RW'r and that is why the dour reporting on Hillary. They do owe her a apology. Unfortunately people still listen to "bought" news even NPR is funded by our "esteemed" congress and has to "toe the line" :(
      I could not believe when I saw on twitter local news pandering to the Planned Parenthood "scandal". Anyone who depends on local news in the lower 48 is owned. I noticed Alaska news coverage is different, especially in their coverage of POTUS, I guess some would say that is "Cheer-leading" but I find the truth refreshing,for a change.

      Delete
    8. Anonymous12:46 PM

      "4:51 PM That WAS a really good article. Politicususa tell the truth"...........

      Hahahahahahahaaaaaaaaa.

      They tell you the 'truth' that YOU want to hear.

      Delete
  2. Anonymous5:11 PM

    Remember the non-stop investigations, accusations, prosecutions, impeachment proceedings that were conducted during the 1990's to the POTUS? What was his name again.......?

    ReplyDelete
  3. Anonymous5:22 PM

    Clinton Trounces Trump By 47 Points With Latino Voters, Leads 53-40 With All Voters

    http://www.politicususa.com/2015/09/12/clinton-trounces-trump-47-points-latino-voters-leads-53-40-voters.html

    ReplyDelete
    Replies
    1. Anonymous6:18 AM

      I saw Rump be out in two weeks. Everyone knows he isn't a serious candidate and now he has the Palin curse (stink) on him. Heh! Like Geoffrey says let palin take him down....

      Delete
  4. Anonymous5:29 PM

    A Fascinating Look at the Democratic Primary Electorate

    http://talkingpointsmemo.com/edblog/a-fascinating-look-at-the-democratic-primary-electorate

    ReplyDelete
  5. Anonymous5:30 PM

    I recall Connie Rice being asked to read the heading of 911 report warning of bin laden attacking the country months before 911 in a similar interrogation, Connie beat around the bush, tried not answering etc And, for the most part, was let off the hook..

    http://www.cnn.com/2004/ALLPOLITICS/04/08/911.commission/index.html?iref=mpstoryview

    Hillary was pummelled how many times over Ben Ghazi, and now wit this witchhunt over emails?
    They will not let it go. Sadly, it's far from over. The judge must have an agenda,....

    ReplyDelete
  6. Anonymous5:42 PM

    Did t h e same thing to Bill and it ended up sinking him.

    ReplyDelete
    Replies
    1. Anonymous6:15 PM

      Sinking him? He never resigned, continued a successful term of office, and went on to become a world leader for peace and justice, along with his wife and daughter. Please share one thing the Bushes have done for humanity. We'll wait.

      Delete
    2. Anonymous8:09 PM

      Bill Clinton is a dog. He did a lot of harm while he was president and he sabotaged Hillary's campaign 8 years ago. I fully expect him to do it again.

      Delete
    3. Anonymous8:37 PM

      Lol!! Hardly.

      Delete
    4. Anonymous10:34 PM

      Both Bill Clinton and Jimmy Carter have been fabulous ex-presidents. GWB is completely absent. He does nothing. He does not lend his name to anything. His father joined Bill Clinton for some relief aid things, but that's about it.

      Delete
    5. Anonymous3:12 AM

      By what measure did it sink him? In republicans' ignorant opinions?

      Delete
    6. Anonymous5:52 AM

      10:34 pm. The only things I've heard about George W. since he left office is that he likes to paint portraits, sometimes of himself in the bathtub, and he charges $100,000 to speak to veterans' groups while his wife charges $50,000. Typical example of 21st century GOP humanitarianism!
      Beaglemom

      Delete
    7. Anonymous11:49 AM

      Bush net worth approx 20 mil.

      clinton net worth approx 55 mil.

      lol.

      Delete
  7. Anonymous6:27 PM

    Nope. The liars in the conservative world will keep after this.

    How many Benghazi hearings did they hold? Each time, Hillary was cleared of wrongdoing. And the conservative response each time pwas to try again with another hearing.

    ReplyDelete
  8. Anonymous6:59 PM

    Old article but shows how far the GOP is willing to go, they even investigated Socks the cat !!
    -----
    GOP Investigated Pres. Clinton’s Cat But Only Plans ‘Oversight’ on Pres. Bush’s Admitted Illegal Spying

    Compare and contrast:

    1995: Rep. Dan Burton (R-Ind.), then chair of the House Government Reform and Oversight Committee, investigated whether taxpayers were footing the cost of stationery and postage for the fan club dedicated to President Clinton’s cat, Socks. (They were not – and it turns out Barbara Bush’s dog Millie had a fan club too.)
    2005: Two weeks ago, President Bush admitted he willfully flouted a law that requires him to get warrants before wiretapping U.S. citizens. His justification for ignoring the law appears to be LÉtat, c’est moi. In reaction, Republicans in charge of the Senate Judiciary Committee announced on Friday that they are planning “oversight” hearings into the matter.

    The president has admitted he broke the Foreign Intelligence Surveillance Act (FISA) hundreds of times. Isn’t it a bit late for “oversight?”

    http://www.pensitoreview.com/2005/12/26/gop-investigated-pres-clintons-cat-but-only-plan-oversight-on-pres-bushs-admitted-illegal-spying/

    ReplyDelete
  9. Anonymous7:00 PM

    I still think she is dirty and a liar. Would never vote for her.

    ReplyDelete
    Replies
    1. Anonymous7:38 PM

      I doubt Hillary needs the psychopath vote.

      Delete
    2. Anonymous7:57 PM

      You think she is dirty and a liar because your are ignorant and misinformed.

      Delete
    3. Anonymous8:37 PM

      Moron alert, seriously. You aren't too informed or educated. And if you are a Democrat, which I doubt, you are really dumb.

      Delete
    4. Anonymous3:15 AM

      Idiots always base their opinions on ignorance. Congratulations, you are their poster child.

      Delete
    5. Anonymous6:26 AM

      Anonymous7:00 PM

      I still think she is dirty and a liar. Would never vote for her.
      ___
      Sounds like a personal problem to me...

      Delete
    6. Anonymous6:27 AM

      I thought the troll was talking about Sarah...dirty lol.
      Get used to it. There is a whole army of paid trolls that come whenever a Hillary post is and where ever it is, this blog is no exception except they can post here anon.

      Delete
  10. Anonymous7:09 PM

    The Washington Times is GOP so the comments reflect it bigtime.

    ReplyDelete
  11. Anonymous7:23 PM

    The media are now using Joe Biden to bash Hillary.

    They can't use Bernie Sanders to bash Hillary because they are too busy suppressing Bernie Sanders 24/7.

    What a pack of dickless hyenas they are.

    ReplyDelete
    Replies
    1. Anonymous9:12 PM

      Let them try. Bernie has SO MANY behind him. The cunt who's really bothering me right now is Debbie Wasserman-Schultz.

      Delete
    2. Anonymous6:31 AM

      Anonymous7:23 PM they are b/c repubs have nothing! Rumproast is all they got? Red face his the face of the clown car big time. But that will end, I give him two more weeks to play this little game before they take his ass out.
      And the slut who hitched her wagon to him! I want to be head of Trumps Energy dept b/c I'm so flippin smart about energy I don't know that the DOI controls it.

      Delete
    3. Anonymous1:04 PM

      Clintons whole strategy has been to lay low and out of sight, riding on the initial high poll numbers, knowing they would erode down thru the whole primary season, with the hope they would stay high enough to carry her thru. The strategy is failing. Unfortunately for Hillary, she can't do anything to stop it, because everytime she comes out of the woodwork, people are reminded that she is an uninspiring dullard on top being a liar, and her numbers drop even faster.

      Delete
  12. Anonymous7:24 PM

    They're doing the same thing with Planned Parenthood.

    ReplyDelete
  13. Anonymous7:28 PM

    Vast Right-wing conspiracy.

    ReplyDelete
    Replies
    1. Anonymous7:40 AM

      Anonymous7:28 PM

      Vast Right-wing conspiracy.
      ----
      Not a conspiracy but RW LIES! A doctored video by Jame Okeefe? Why isn't that little pimp in jail anyway?

      Delete
  14. Anonymous8:06 PM

    I don't agree that this isn't a big issue. When Republicans pull this evasive crap, I'm livid. I'm equally livid when Democrats do it. Hillary Clinton knew exactly what she was doing; she was trying to be sneaky and secretive and keep her email correspondence, even official correspondence, to herself. Now she is reaping the consequences of her very poor decision, and the fact that there is an obvious double standard for Republicans vs. Democrats is certainly infuriating, but it does not excuse Clinton. By putting herself in this position -- and regardless of what the DOJ says about it, Republicans and the press are not going to let go of this, are not going to minimize it or accept it -- she has endangered her candidacy. There is no one to blame for that but Hillary Clinton for thinking she could get away with this stunt.

    ReplyDelete
    Replies
    1. Anonymous8:35 PM

      Oh bullshit. You just don't like her. You honestly have zero clue what her intentions or thoughts were.nyou just think you do.

      Delete
    2. Anonymous8:39 PM

      I have to agree. Just because she went on "Ellen" this last week and said she's sorry doesn't cut it. "I didn't know" wears thin, but, as you said, who trusts any of them?

      Delete
    3. Anonymous9:11 PM

      Yeah, she said she didn't know and she was sorry and she wasn't thinking when she got started. These are all the *exact* traits I don't want in a President. So, whether we're done here or not, I would like to see her pull out, so maybe someone else can get in. For now, I'm feeling the Bern, but I would love it if Kerry entered the race.

      Delete
    4. Anonymous10:58 PM

      Oh, look, it's that visitor from the Sarah Palin Cult Clubhouse who comes here to have a conversation with herself after everyone else has left for the day.

      "Hi, I'm Alicia."

      "Hi, Alicia, I'm Alicia. Let's chat on Gryphen's blog and then tell him it's defunct, haha."

      "Alicia, you're such a genius."

      Delete
    5. Anonymous6:34 AM

      Anonymous8:06 PM BULLSHIT!
      Yeah its so stupid it has to be Alica. Because everyone knows the SOS did not have a Dot.gov acct until Kerry came on board! DUH! Genius is right...

      Delete
    6. Anonymous6:52 AM

      No, I'm not Alicia, unless you are such a genius you think Alicia would have a problem with Sarah Palin's using a Yahoo account for official email when she was governor? Because I did have a big problem with it. Same way I have a problem with Clinton pulling a more sophisticated version of the same thing, because as I said, it puts her candidacy at risk. It was a failure to look at the bigger picture, besides being an unflatteringly furtive -- what is she trying to hide? -- attempt to skirt government transparency. So if you're OK with that for Hillary Clinton, then to be consistent, not to mention principled, that must mean you're OK with it for Sarah Palin. And if you're not, you're just a hypocrite and a not very original or intelligent one at that. To suggest I'm Alicia is risible.

      8:06

      Delete
    7. Anonymous6:52 AM

      8:39 "I didn't know" not only wears thin, but it makes you wonder. If you're a leader, you are supposed to know these things.

      So Hillary, are you clueless or are you a conniving untrustworthy politician like many on both sides of the isle? Either way, you are unfit for office.

      I'm tired of "plausible deniability" whether it is Ronald Reagan using it or Hillary Clinton.

      Delete
    8. Anonymous7:44 AM

      Anonymous6:52 AM

      No, I'm not Alicia, unless you are such a genius you think Alicia would have a problem with Sarah Palin's using a Yahoo account
      ___
      Hey clueless! Palin had a STATE/GOV account!
      SHE KNEW she shouldn't be using yahoo for gov biz but she had shit to hide.
      She got a huge pass on that when she quit.
      If she ever ran again those emails would be looked at under a flippin microscope!
      Hillary didn't have a dot.gov you genius!
      And ya you sound exactly like Alicia I call bullshit that you aren't.

      Delete
  15. Anonymous8:18 PM

    O/T Looking for a laugh? I went to Wonkett Title "The One Place In Texas It's Not OK to Carry a Gun In Your Vagina" the graphic caught my attention, but the comments are off the charts funny.

    ReplyDelete
  16. Anonymous9:22 PM

    The Republican investigating was too timid to ask to see a copy of Trig's birth certificate. Sarah Palin committed one of the biggest hoaxes ever.

    ReplyDelete
    Replies
    1. Anonymous9:45 PM

      Got that right, and everyone knows it. But if anyone says anything,she'll counter with goods she has on them....the vicious circle. leader, my @ss. C-word, yes.

      Delete
  17. Anonymous10:31 PM

    The Republicans took 50 votes trying to repeal Obamacare. They are really stubborn once they think that they have a issue that appeals to their voters. They will never stop badgering Hillary. If it is not her emails, then it will be her private server, Benghazi, the lie about running across tarmac dodging enemy fire when the photo shows her receiving a bouquet from a little girl. She was for the war in Iraq before she was against it. When all of that fails, they will pull out Bill Clinton's Blue Dress Scandal and ask if we can have him as First Spouse in the sacred White House. In fact, they will start calling it Bill Clinton's third term-- or Obama's. They will never stop. They used to win votes with guns, gays and religion. All of those dead people are not a winning topic. The gay issue was settled by the Supreme Court, no matter how many times Kim Davis tries to block their decision. Religion? That's where defunding Planned Parenthood comes in. But the government does not pay for the abortions. Maybe they should have a do-over on the Iran Nuclear Deal, and if that doesn't work, shut down the government. They will never run out of stupidity.

    ReplyDelete
    Replies
    1. Anonymous11:13 PM

      They already dragged out the sad old whore Lewinsky, and ranted about workplace bullying. That didn't last long. Keeping a straight face must have been too hard.

      Delete
    2. Anonymous6:56 AM

      Bill Clinton put his own presidency at risk by his failure to keep it in his pants and then lying about it. Maybe you were OK with that. I wasn't.

      Delete
  18. Anonymous 8:06 is probably right. It won't go away because of the principle that the cover-up is worse than the crime--even if the crime is largely imaginary.

    Hillary's people should have gotten In front of this and neatly disposed of it. It's almost like someone is actively saboting her campaign.

    ReplyDelete
  19. Anonymous11:04 PM

    I know a sportsmen who apparently had an epileptic fit in public last week and "they" are covering up for that by saying he has a drug or depression issue. The lesser of two evils, apparently.

    I've often wondered if Hillary Clinton let slip something that she shouldn't have, and now she has to live with it- the lesser of two evils being thought of as a liar than a security risk.

    ReplyDelete
    Replies
    1. Anonymous5:47 AM

      Actually what you are insinuating about Hillary Clinton makes no sense at all.
      Beaglemom

      Delete
    2. Anonymous6:02 AM

      So Dogmother was there at the airport? Dogmother knows what really happened?

      Spill then or shut up.

      Delete
    3. Anonymous6:41 AM

      Anonymous11:04 PM WHO? Why would you cover up also,too?
      I call BS on you troll.
      You keep bring up bullshit about the emails and why? Its a fucking non-issue!

      Delete
  20. I like that idea. There must be at least one saboteur among Hillary's campaign staff. Who is it?

    ReplyDelete
  21. But with their voters stupid works!
    And for the GOP it certainly isn't country 1st. Their priority is getting white rich men even richer and staying in power.
    And they'll destroy our country to do just that. Pathetic!

    ReplyDelete
  22. Anonymous1:38 AM

    Have you ever heard the expression "the government keeps everything?"

    One key point I don't think I've ever heard anyone from the government and the state department make is that ANY email Hillary sent TO or received FROM anyone else in the state department would already be in the government's hands.

    Remember the saying "it's not gone just because you pressed the delete key?"

    Unless the state department employed the most ignorant network managers on the planet (I doubt that they did) the state department email server was set up with a mirror system that kept copies of everything and both systems would be regularly backed up.

    A copy of EVERYTHING coming into and going out of the email system would be automatically duplicated on the mirror system and backup without the user knowing or having to be bothered with knowing about.

    Sorry to have made this so long but the state department has had a copy of every email Hillary sent and received to and from any other state department employee since her first day on the job.

    ReplyDelete
    Replies
    1. Anonymous6:43 AM

      Anonymous1:38 AM Yes? And.... your point? It is a none issue b/c of that? That is what she said in the beginning of this whole ordeal.

      Delete
    2. Anonymous6:57 AM

      Not if it was sent on a private account on a private computer, to a private account on another private computer.

      Delete
  23. Anonymous4:14 AM

    Hillary Clinton has been shoved around by the misogynist GOP and their henchmen in the media since her husband first ran for President in 1992. The real reason: she is well educated, articulate and she had a serious profession as an attorney. There are many men, and unfortunately women too, in the US who do not want to be around or have to work with intelligent women.

    Let's see: Whitewater that went on for years, cost the US taxpayers millions and produced "zero" results for the tormenters, the guy who committed suicide with "zero" results for the tormenters, Benghazi which has now gone on for years again with "zero" results for the tormenters and this year we have emails with similarly disastrous results for Hillary Clinton's tormenters. Even before the election of 1992, Hillary Clinton was criticized for having been a working mother.

    And through all of this Hillary Clinton has continuously worked hard and with great dignity and success as First Lady for two terms, as US Senator from New York for quite a few years, for Secretary of State for more than one term, and now as potential candidate for the presidency. Why are the GOP and the media so scared of Hillary Clinton?
    Beaglemom

    ReplyDelete
  24. Anonymous6:42 AM

    Why does this affair remind me so much of Sarah Palin? She picked her own people to investigate her during the Walt Monegan/Troopergate mess. They of course found her innocent of any wrongdoing while the Branchfower investigation found she violated ethics law and abused her power.

    Then we found out she used a private e-mail account to conduct public business and get around record keeping requirements.

    Clinton is just smarter than Palin and has better lawyers.

    ReplyDelete
    Replies
    1. Anonymous6:55 AM

      Okay. Now before you accuse Hillary Clinton of being "the same as" or worse than Sarah Palin . . . . Previous secretaries of State also used private email accounts but they were Republican so no one complained and then they pretty much destroyed them (C. Powell for instance).

      And keep in mind that Sarah Palin also faked a pregnancy to gain votes and, subsequently, lots of money from unsuspecting not very smart people. That's pretty unforgivable in my book especially since the result was a child with disabilities whom Sarah, in her role as "mother," has treated abysmally.
      Beaglemom

      Delete
  25. Anonymous7:42 AM

    The media isn't done yet either. They are fixated on bringing Hillary down as well and are just as guilty IMO.

    ReplyDelete
    Replies
    1. Anonymous1:57 PM

      Today's NYTimes has an article about raising campaign money and the photo? Yup, you bet; it's a photo of a Hillary Clinton campaign sticker. Why not a Jeb Bush one? Or a Rand Paul one? Or a Bernie Sanders one? Any opportunity the NYTimes has to obliquely raise a question mark about Hillary Clinton, they jump on it. Why not a photo of Charles and David? They're the ones who literally buy elections and the NYTimes pretends they do not exist.
      Beaglemom

      Delete
  26. Anonymous11:39 AM

    All day I have been watching the news reports and all day the media and every speaker has chosen to portray this as yet more negativity against Hilary rather than the truth. So no, it is far from over because "they" don't want it to be. Until a major news outlet stands up and says this is a non-story and no crime has been committed, it is going to continue. There needs to be someone willing to stand up for her and if is becoming painfully obvious no news outlet is willing to do that. She gets no free passes, unlike every Republican candidate.

    ReplyDelete

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