Hillary on
the Ropes
By Judge
Andrew P. Napolitano
Late last
week, the inspector general of the State Department
completed a yearlong investigation into the use by
Hillary Clinton of a private email server for all of
her official government email as secretary of state.
The investigation was launched when information
technology officials at the State Department under
Secretary of State John Kerry learned that Clinton
paid an aide to migrate her public and secret State
Department email streams away from their secured
government venues and onto her own, non-secure
server, which was stored in her home.
The
migration of the secret email stream most likely
constituted the crime of espionage — the failure to
secure and preserve the secrecy of confidential,
secret or top-secret materials.
The
inspector general interviewed Clinton's three
immediate predecessors — Madeleine Albright, Colin
Powell and Condoleezza Rice — and their former aides
about their email practices. He learned that none of
them used emails as extensively as Clinton, none
used a private server and, though Powell and Rice
occasionally replied to government emails using
private accounts, none used a private account when
dealing with state secrets.
Clinton and
her former aides declined to cooperate with the
inspector general, notwithstanding her oft-stated
claim that she "can't wait" to meet with officials
and clear the air about her emails.
The
inspector general's report is damning to Clinton. It
refutes every defense she has offered to the
allegation that she mishandled state secrets. It
revealed an email that hadn't been publicly made
known showing Clinton's state of mind. And it paints
a picture of a self-isolated secretary of state
stubbornly refusing to comply with federal law for
venal reasons; she simply did not want to be held
accountable for her official behavior.
The report
rejects Clinton's argument that her use of a private
server "was allowed." The report makes clear that it
was not allowed, nor did she seek permission to use
it. She did not inform the FBI, which had tutored
her on the lawful handling of state secrets, and she
did not inform her own State Department IT folks.
The report
also makes clear that had she sought permission to
use her own server as the instrument through which
all of her email traffic passed, such a request
would have been flatly denied.
In
addition, the report rejects her argument — already
debunked by the director of the FBI — that the FBI
is merely conducting a security review of the State
Department's email storage and usage policies rather
than a criminal investigation of her. The FBI does
not conduct security reviews. The inspector general
does. This report is the result of that review, and
Clinton flunked it, as it reveals that she refused
to comply with the same State Department storage and
transparency regulations she was enforcing against
others.
Here is
what is new publicly: When her private server was
down and her BlackBerry immobilized for days at a
time, she refused to use a government-issued
BlackBerry because of her fear of the Freedom of
Information Act. She preferred to go dark, or back
to the 19th-century technology of having documents
read aloud to her.
This report
continues the cascade of legal misery that has
befallen her in the past eight months. The State
Department she once headed has rejected all of her
arguments. Two federal judges have ordered her aides
to testify about a conspiracy in her office to evade
federal laws. She now awaits an interrogation by
impatient FBI agents, which will take place soon
after the New Jersey and California primaries next
week. Her legal status can only be described as
grave or worse than grave.
We know
that Clinton's own camp finally recognizes just how
dangerous this email controversy has become for her.
Over the Memorial Day weekend, John Podesta, the
chairman of Clinton's campaign, sent an email to her
most important donors. In it, he recognizes the need
to arm the donors with talking points to address
Clinton's rapidly deteriorating support with
Democratic primary voters.
The Podesta
email suggests attempting to minimize Clinton's use
of her private server by comparing it to Powell's
occasional use of his personal email account. This
is a risky and faulty comparison. None of Powell's
emails from his private account — only two or three
dozen — contained matters that were confidential,
secret or top-secret.
Clinton
diverted all of her email traffic to her private
server — some 66,000 emails, about 2,200 of which
contained state secrets. Moreover, Powell never used
his own server, nor is he presently seeking to
become the chief federal law enforcement officer in
the land.
The
inspector general who wrote the report was nominated
by President Barack Obama and confirmed by the
Senate in 2013, after Clinton left office. He did a
commendable job — one so thorough and enlightening
that it has highlighted the important role that
inspectors general play in government today.
Today every
department in the executive branch has, by law, an
inspector general in place who has the authority to
investigate the department — keeping officials' feet
to the fire by exposing failure to comply with
federal law.
If you are
curious as to why the inspector general of the State
Department during Clinton's years as secretary did
not discover all of Clinton's lawbreaking while she
was doing it, the answer will alarm but probably not
surprise you.
There was
no inspector general at the State Department during
Clinton's tenure as secretary — a state of affairs
unique in modern history; and she knew that. How
much more knowledge of her manipulations will the
Justice Department tolerate before enforcing the
law?
A
graduate of Princeton University and the University
of Notre Dame Law School, Judge
Andrew P. Napolitano is the youngest
life-tenured Superior Court judge in the history of
the State of New Jersey. He sat on the bench from
1987 to 1995, during which time he presided over 150
jury trials and thousands of motions, sentencings
and hearings. He taught constitutional law at Seton
Hall Law School for 11 years, and he returned to
private practice in 1995. Judge Napolitano began
television work in the same year. |