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Each agency is responsible for maintaining its records in accordance with regulations.
"And there can be little doubt that Clinton knew this full well." In response to a State Department request last year, Clinton turned over 55,000 pages of emails and documents from her private email server, leaving out emails and documents that she said were of a personal nature, like wedding and funeral plans. Cox said the fact that Clinton’s staff -- rather than a State Department federal records officer -- chose which emails to destroy is "honestly breathtaking." Her private employees don’t have the authority to decide what does or doesn’t count as a federal record.
Clinton argues that she never emailed classified information, instead using other secure methods of communication approved by the State Department.
However, in 2005 (before Clinton took office), a said information that is "sensitive but unclassified" -- a broad category that covers anything from meeting schedules, to visa applications, to ordinary emails to other federal agencies -- should be emailed through servers authorized by the department.
For example, even if Clinton had sent every email to individuals with or other federal agency addresses, that procedure would hamper State Department compliance with Freedom of Information Act requests for Clinton’s emails, said David Sobel, who directs a FOIA project at the Electronic Frontier Foundation, a digital freedom advocacy group.
It would not be apparent to agency personnel conducting the search that they would need to search the accounts of myriad employees to locate all of Clinton's emails, he said.
Further, when she was making these choices, she was acting as a private citizen, not a government employee.
In Clinton’s defense, we should note that it was only after Clinton left the State Department, that the National Archives issued a recommendation that government employees should avoid conducting official business on personal emails (though they noted there might be extenuating circumstances such as an emergency that require it).Throughout the controversy regarding her exclusive use of private email while secretary of state, Hillary Clinton has said she followed the rules. Although some former secretaries of state occasionally used personal emails for official business, Clinton is the who never once used an @email address in the era of email.Some have questioned whether that practice violated rules regulating email use, transparency, records management or security.Under this practice, the State Department records management system would have captured emails from Clinton to a State Department employee, but it would not necessarily capture emails from Clinton to government employees in other departments or non-government employees, said John Wonderlich, policy director for the Sunlight Foundation, which advocates for government transparency.Although they may contain the same individual emails, Clinton’s outbox and other employees’ inboxes are considered two separate records, which is important for locating the records in response to specific requests."While Clinton may have technical arguments for why she complied with each of these and the other rules that have been discussed in the news, the argument that Clinton complied with the letter and spirit of the law is unsustainable," said Douglas Cox, a law professor at City University of New York who studies records preservation.