Hillary, Don't Turn Over The Server
March 20, 2015

After two weeks of a much overblown storm about Hillary Clinton’s use of a non-governmental email server, the dust seems to be settling with most of the media admitting that the initial charges of illegality and rule breaking were overstated.  The media was first left with charges that Hillary decided which of her emails were would be turned over to the State Department and subject to FOIA.  They then charged that Hillary’s use of her own email server provided a shield from anyone, presumably including the State Department or other legal entities from obtaining her emails rather than convenience.

As most of the media quickly found out, from Hillary’s press conference and verified by others, a government recipient of an email on his or her personal account, determines if that email is pertinent to his agency.  Those that are pertinent to the agency are sent forwarded to the agency servers.  Hillary stated that the by definition, all of her email streams that were pertinent to the State Department were captured by its servers by virtue of their “.gov” address.  Moreover, at the request of the State Department, about a year ago, Hillary turned over another copy of each of the emails she had determined to be pertinent to the agency.

The dust seems to be settling with most of the media admitting that the initial charges of illegality and rule breaking were overstated. 

The media has seized on the lack of availability of Hillary’s emails as a result of her use of private email.  Admittedly, none of her emails were retrieved through FOIA requests.  The reason is that the State Department computer system had not been able to archive all of its records as of 2013. 

The strangest criticism levelled at Hillary has been that she used a private server to shield her emails from the public.  The belief is, apparently, if she had used a Gmail or Yahoo account, the media would have access or, at least, legal authorities would have had access to it.  The media, generally, does not have access to private accounts, even when they are on Gmail or Yahoo servers.  Of course, legal entities can subpoena private servers, private accounts held on Gmail or Yahoo servers, and .gov accounts, when there is reason to believe a law has been broken. 

Despite the lack of any presumed crime, some pundits have suggested that the best way to quiet the media, is for Hillary to make her server available for some third party review.  Assuming that a suitable third party could be found (remember after the first Special Prosecutor, Republican Robert Fiske, vindicated the Clintons in Whitewater, a second Special Prosecutor, Republican Kenneth Starr was appointed), whatever is found will be enough for more investigation.  For example, an email from Hillary to her daughter, informing her that a car will pick her up, might very well signal the need to investigate the use of government vehicles for personal use.  Of course, the Clintons could afford to hire a private car, but the whiff of a scandal would be enough to fuel another investigation.  Further, because the emails are being investigated, their content also needs to be investigated.  The fire will be flamed – not extinguished.

Despite the lack of any presumed crime, some pundits have suggested that the best way to quiet the media is for Hillary to make her server available for some third party review

Given the media appetite for a “big” story to talk about on cable news and insatiable public interest in Hillary, there is no reason to believe that this story would end if the server was examined by a third party.  The end to this story will come when it has burned itself out and another, more promising scandal, is available.