Forbes: OIG email report vindicates Clinton

[pnwmom]

http://www.forbes.com/sites/charlestiefer/2016/05/25/state-department-report-on-email-vindicates-clinton-rather-than-nails-her/#1d862c442c7d

By Charles Tiefer, Professor at the University of Baltimore School of Law, author of "Veering Right: How the Bush Administration Subverts the Law for Conservative Causes"

The report released Wednesday . . . does not add any new serious charges or adverse facts. And, it shows she was less out of line with her predecessors, notably Colin Powell, than has been charged. Powell’s handling of his email was so similar, in fact, that when House Republicans drag this issue through hearings up to Election Day, Powell should be called as a witness – a witness for Clinton. To put it differently, she is having a double standard applied to her. Here are five key aspects of the report.

SNIP

Third, where the report does add to our knowledge, is about Colin Powell, who served from 2001-2005. Powell did all his email business on a private account. All of his emails on official business were apparently in a private account. It is not clear why a great deal of what is said against Clinton’s emails, could not be said against Powell’s. Moreover, Powell’s similar practices can hardly be blamed on his being a novice about security. He not only had been Chairman of the Joint Chiefs of Staff, he had been National Security Adviser. He had jurisdiction over all the intelligence agencies. Since Powell, with unimpeachable security credentials, felt fine using private email for official business, why are we climbing all over Clinton? It is, to be blunt, a double standard.

Fourth, the big criticism in the report is regarding the failure to print and file email in a retrievable way. But as the report shows, the Office of the Secretary of State has rarely succeeded in doing that. They either always have better things to do, or it is not a high enough priority, or there are technical difficulties, or turnover. Very likely a stingy Congress does not want to hire enough personnel to have crews doing that throughout the government. In any event, they rarely get that done. Since that is a general problem, why pin it particularly on Clinton?

Fifth . . . Note how she is not labeled as violating any statute, but rather, a real mouthful of mush – “the Department’s policies that were implemented in accordance with the Federal Records Act.” So we are talking about obscure, dull, bureaucratic policies. Not a criminal statute. Not even a civil statute – just the bureaucratic policies.