You know what really pisses me off? This was obvious from the start to anyone who even bothered to read the coverage. But when I stood up and said so, I was called all kinds of unflattering names by (male) progressives who accused me of “drinking the Kool-Aid.” Real progressives stand up when another Democrat is smeared and treated unjustly. I always have, and I always will:
The Obama administration told a federal court Wednesday that former Secretary of State Hillary Rodham Clinton was within her legal rights to use of her own email account, to take messages with her when she left office and to be the one deciding which of those messages are government records that should be returned.
In the most complete legal defense of Mrs. Clinton, Justice Department lawyers insisted they not only have no obligation, but no power, to go back and demand the former top diplomat turn over any documents she hasn’t already given — and neither, they said, can the court order that.
The defense came as part of a legal filing telling a judge why the administration shouldn’t be required to order Mrs. Clinton and her top aides to preserve all of their emails.
“There is no question that Secretary Clinton had authority to delete personal emails without agency supervision — she appropriately could have done so even if she were working on a government server,” the administration lawyers argued. “Under policies issued by both the National Archives and Records Administration (‘NARA’) and the State Department, individual officers and employees are permitted and expected to exercise judgment to determine what constitutes a federal record.”
The legal brief said that means employees are required to “review each message, identify its value and either delete it or move it to a record-keeping system.”