RNLA Board of Visitors Member and former U.S. Attorney General Judge Michael Mukasey said the following on Morning Joe last Monday on Secretary Hillary Clinton’s email scandal:
I think the more dangerous part of this from her standpoint is not so much the placement of the material there as wiping the server, because there are other statutes that deal with what happens to you if you are a custodian of public records and you among other things alter them or obliterate them. Number one, that's a felony, but that statute makes you unqualified -- disqualifies you from holding any further office in the United States and she's running for a further office under the United States. . . .title 18, 2071.
Cause of Action did an objective and fact intensive legal memo analyzing Judge Mukasey’s statement and concluded:
Former Attorney General Mukasey’s claims are supported by the following facts: 1) Mrs. Clinton’s exclusively using a private email account for correspondence relating to her official duties; 2) Mrs. Clinton’s storing, without authorization, those email records on a private server over which she retained exclusive control and failing to archive them in the State Department’s official recordkeeping system during her tenure and for 22 months thereafter; 3) Mrs. Clinton’s failing to turn over those email records to the State Department upon leaving the office of Secretary of State; 4) Mrs. Clinton’s failing or delaying to turn over responsive documents in her possession upon request from congressional committees investigating the Benghazi terrorist attacks; and 5) Mrs. Clinton’s wiping the electronic versions of the email records without authorization.
Despite her wishes to the contrary, Mrs. Clinton cannot simply wipe her record clean on this matter, as she apparently ordered down with her email server.