The law on records was lost in this murky area of Clintonisms. Then Hillary and the Left’s explanations are only further attempts to muddy up the water even more. “Depends on the meaning of is, there is no there there, we need to move on.” Move on to where?
1663. Protection Of Government Property — Protection Of Public Records And Documents
There are several important aspects to this offense. First, it is a specific intent crime. This means that the defendant must act intentionally with knowledge that he is violating the law. See United States v. Simpson, 460 F.2d 515, 518 (9th Cir. 1972). Moreover, one case has suggested that this specific intent requires that the defendant know that the documents involved are public records. See United States v. DeGroat, 30 F. 764, 765 (E.D.Mich. 1887).
Subsection (b) of 18 U.S.C. § 2071 contains a similar prohibition specifically directed at custodians of public records. Any custodian of a public record who “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys (any record) shall be fined not more than $2,000 or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.” While the range of acts proscribed by this subsection is somewhat narrower than subsection (a), it does provide the additional penalty of forfeiture of position with the United States.
Sure Hillary knew that these were public records. After all, that was her purpose in obfuscating the gov system with her server – for fear they’d be public.
Then she had to know that she was destroying them. Of course using someone else to carry it out was essential for her. Still, she knew the objective was to destroy them. If they merely dissapeared and she discovered that they did, wouldn’t she have to report that? (I don’t know or find the law on that) She had given access to the records to lawyers and staff for that purpose. I mean it had to be at her request or they wouldn’t have been doing it.
They didn’t find what they were not looking for. That’s a surprise?
Now along comes Elijah Cummings to throw Hillary another lifeline about an email with Colin Powell. So Hilary planned on using Colin Powell as an excuse and an alibi for what she planned to do, to obfuscate the government records process.
The more that comes out the more intention cannot be ignored. We saw Comey do what our government loves to do, pass the buck. All this is also in addition, and aside, from the classified information process. She should not be qualified to run for any public office. Case closed. Problem is we the people have been hoodwinked, once again. She’ll do anything. And let the misinformation flow.
But Hillary is deeply offended when people shout “Lock her up.”
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