State Department Lacks E-Mails From Clinton Aide During Key Time

[pnwmom]

82. So it was the "Bureau of Administration" not admissions. No wonder I couldn't find it. :)

Anyway the law -- which modernized the records act to include email communications -- didn't take effect until 2014, after Hillary left the State Department. This is probably why Karl Rove wasn't held responsible for destroying millions of emails.

http://mediamatters.org/research/2015/03/03/the-new-york-times-deceptive-suggestion-that-hi/202726

The New York Times accused Hillary Clinton of potentially violating federal law pertaining to the preservation of e-mail records while acting as Secretary of State, but requirements to maintain such records did not exist during her tenure.

NYT: Clinton's Use Of Private Email During Time At The State Department May Have Violated Federal Law. In a March 2 report, The New York Times accused former Secretary of State Hillary Clinton of possibly having "violated federal requirements that officials' correspondence be retained as part of the agency's record" with the use of personal email for official government business during her time at the department.The Times reported, "Under federal law, however, letters and emails written and received by federal officials, such as the secretary of state, are considered government records and are supposed to be retained so that congressional committees, historians and members of the news media can find them. There are exceptions to the law for certain classified and sensitive materials." [The New York Times,3/2/15]

But The Law Overseeing Retention Of Private Emails Was Not Changed Until After Clinton Left The State Department

President Obama Signed Update To Federal Records Act In 2014. The Presidential and Federal Records Act Amendments of 2014 became law on November 26, 2014. [Congress.gov, accessed 3/3/15]

National Archives Official: 2014 Federal Records Law Clarified How Private Email Should Be Handled. Among the "major points" in the 2014 law highlighted by the National Archives was: "Clarifying the responsibilities of Federal government officials when using non-government email systems." [Records Express, National Archives, 12/2/14]
2014 Federal Records Law Marked "The First Significant Changes To The Federal Records Act Of 1950." According to the National Archives, the 2014 law marked "the first significant changes to the Federal Records Act of 1950." [Records Express, National Archives, 12/2/14]

Law Signed "Two Years After Clinton Stepped Down." Criticizing the Times article's insinuation that Clinton violated the law, Daily Banter contributor Bob Cesca pointed out: "The article doesn't say which federal regulation, though. Why? Perhaps because the federal regulations went into effect in late November, 2014 when President Obama signed H.R. 1233, modernizing the Federal Records Act of 1950 to include electronic communications. It was signed two years after Clinton stepped down." [The Daily Banter, 3/3/15]


http://www.newsweek.com/colin-powell-emails-hillary-clinton-424187

In addition to the classified email system used in SCIFs, there are personal email accounts. Prior to 2013, these could be accounts inside the relatively unsecure State Department system or private email accounts. If they are private—running through a commercial or personal server—they have to follow some rules set up in the Federal Register . There are no guards, no red-black procedures, no construction rules, no special rooms, no TEMPEST, no TSCM. And most important: Until 2013, there was no rule against using them. In fact, the rules specifically allowed for them. Check out the relevant section in the Code of Federal Regulations (36 CFR Chapter XII, Subchapter B, section 1236.22b) for the rules regarding the use of personal email accounts by any State Department official.

To give an idea of how insecure these communications could be, Powell’s personal email is an AOL account, and he used it on a laptop when he communicated with foreign officials and ambassadors, unless the information qualified for a SCIF. (Clinton sent only one email to a foreign dignitary through her personal account, and her communications with ambassadors were, for the most part, by phone.)

http://www.pensitoreview.com/2015/03/18/flashback-rove-erases-22-million-white-house-emails-on-private-server-at-height-of-u-s-attorney-scandal-media-yawns/

Flashback: Rove Erases 22 Million White House Emails on Private Server at Height of U.S. Attorney Scandal – Media Yawns