that is correct but the problem is that Ms. Clinton created her private
account just days before she took office as Secretary of
State and never did use an official State Department email account for any
of her communications. She assumed that the recipients within the State
Department were retaining the records. what we don't know is who she
communicated with outside of the US government. the key question is why did
the State Department wait so long after her departure to request access to
the private email account. Shouldn't she have been preserving them and
transferring them as they occurred.

Having read numerous stories about this in the last 48 hours I can say that
each side is picking elements to support their side. The Daily Beast is
doing that as is this group of supporters
At least one of the pro-Hillary groups is sending reams of background
research to reporters writing about the story. The defense cites six
Republican governors who have used personal e-mail accounts as well as
former secretary of state Colin Powell, who used one before the records law
Clinton is alleged to have violated went into effect. Here is the full,
17-page defense of Clinton’s actions:

here are some relevant stories and commentary

Here is the Federal Records Act, passed in 1950: The head of each Federal
agency shall make and preserve records containing adequate and proper
documentation of the organization, functions, policies, decisions,
procedures, and essential transactions of the agency and designed to
furnish the information necessary to protect the legal and financial rights
of the Government and of persons directly affected by the agency’s
activities. (44 U.S. Code § 3101) So the question would seem to be: Are
emails records? The answer is obvious — and was so long before Hillary
Clinton took over at Foggy Bottom. Here is the State Department’s own
treatment of the question from 1995:

A regulation issued in 2009 established that electronic records of
government business must be saved. So, even before the 2013 guidance, “the
use of a private account was to be rare and occasional, and not to be the
norm,” said Jason R. Baron, a lawyer at DrinkerBiddle and former director
of litigation at the National Archives and Records Administration. “To
solely use a personal e-mail for four years is something that is highly
unusual,” Baron said. Using a private account “without using an official
account is inconsistent with the Federal Records Act.”

Obama signed an amendment to the Federal Records Act in November that makes
the rules explicit. It says messages federal employees send on personal
accounts must be automatically forwarded to an official account or sent to
that account within 20 days. The measure wasn’t in effect when Clinton
served in the administration.

On Wed, Mar 4, 2015 at 9:20 AM, Larry Medina <[log in to unmask]> wrote:

> Well, this might be the explanation: The new regs apparently weren’t fully
> implemented by State until a year and half after Clinton left State.

Peter Kurilecz CRM CA IGP
[log in to unmask]
Dallas, Texas
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