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Liberty News ForumLNF Forums HerePolitical Opinion Page - The Hot Seat › 'Hillary, please give us your server.... Pretty please? With sugar on top?'
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Very Hot Topic (More than 25 Replies) 'Hillary, please give us your server.... Pretty please? With sugar on top?' (Read 6,530 times)
Greg55_99
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #20 - Mar 12th, 2015 at 2:24pm
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Demos wrote on Mar 12th, 2015 at 2:17pm:
She wasn't a private citizen at the time she was Secretary of State, when she was using the server, and those are the records being requested. They're not requesting records that occurred after she left the office.

Maybe not, but there's the possibility it could happen.


Oh, I agree, but that still does not make her server government property simply because she was using it while she worked for the government. 

Sticky eh? 

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Demos
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #21 - Mar 12th, 2015 at 2:31pm
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Greg55_99 wrote on Mar 12th, 2015 at 2:24pm:
Oh, I agree, but that still does not make her server government property simply because she was using it while she worked for the government.Sticky eh?

Not really. As officials in Texas have found, if you're using a private device (such as Blackberry, etc.) or private account to conduct government business, you've opened it up to public information requests.

Quote:
The characterization of information as public information under the Act is not dependent on whether the requested records are in the possession of an individual, rather than a governmental body, or whether a governmental body has a particular policy or procedure that establishes a governmental bodys access to the information. If information was made, transmitted, maintained, or received in connection with a governmental bodys official business, the mere fact that the governmental body does not possess the information does not take the information outside the scope of the Act.

Source

I'd be surprised if the federal government did not have similar rules. And if it does go to court, the AP, etc. could probably use the precedents established at the state level to show they should have access.
  
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #22 - Mar 12th, 2015 at 3:15pm
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Demos wrote on Mar 12th, 2015 at 2:31pm:
Not really. As officials in Texas have found, if you're using a private device (such as Blackberry, etc.) or private account to conduct government business, you've opened it up to public information requests.

Source

I'd be surprised if the federal government did not have similar rules. And if it does go to court, the AP, etc. could probably use the precedents established at the state level to show they should have access.


That is true.  But again, they are sueing the State Dept, NOT Hillary Clinton.  If the State Dept releases ALL of Clinton's emails, they then will say "Sorry, that's all we got.  Go sue her if you want more". 

Sticky...

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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #23 - Mar 12th, 2015 at 3:18pm
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Greg55_99 wrote on Mar 12th, 2015 at 3:15pm:
That is true. But again, they are sueing the State Dept, NOT Hillary Clinton.

Because the State Department is the party and the maintainer of the records. This really isn't that sticky.

As the AP said: "State's failure to ensure that Secretary Clinton's governmental emails were retained and preserved by the agency, and its failure timely to seek out and search those emails in response to AP's requests, indicate at the very least that State has not engaged in the diligent, good-faith search that FOIA requires" (Source).
  
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #24 - Mar 12th, 2015 at 3:43pm
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Demos wrote on Mar 12th, 2015 at 3:18pm:
Because the State Department is the party and the maintainer of the records. This really isn't that sticky.

As the AP said: "State's failure to ensure that Secretary Clinton's governmental emails were retained and preserved by the agency, and its failure timely to seek out and search those emails in response to AP's requests, indicate at the very least that State has not engaged in the diligent, good-faith search that FOIA requires" (Source).


Well, here's my question to you.  If, tommorow, Hillary Clinton took her server and put it under a steam roller and that sucker got mashed flat, what would be the consequences of that action?  Legal I mean.

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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #25 - Mar 12th, 2015 at 3:48pm
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Greg55_99 wrote on Mar 12th, 2015 at 2:14pm:
But that's the issue as I see it. FOIA requests (and lawsuits) are directed at the government. Hillary Clinton is a private citizen and her server is private property. I can see this tussel dragging out for years with little or no result. Now, if a judge says "I don't believe you've turned over ALL of your official email to the State Dept and I want YOUR server to verify that", that's not likely to happen.

Greg

is it private when public records were stored on it? Huh Huh
  

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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #26 - Mar 12th, 2015 at 3:52pm
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Greg55_99 wrote on Mar 12th, 2015 at 3:43pm:
Well, here's my question to you. If, tommorow, Hillary Clinton took her server and put it under a steam roller and that sucker got mashed flat, what would be the consequences of that action? Legal I mean.

I'd have do some research on that or ask an attorney. It appears she could be sanctioned by the court if she were given an order to turn over the server and did not, but this might only happen if she is eventually included as a party to the case (Source).

If she did do that, her bigger problem would be political, because of the obvious questions: why destroy it? What does she have to hide?
  
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #27 - Mar 12th, 2015 at 3:53pm
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Greg55_99 wrote on Mar 12th, 2015 at 3:15pm:
That is true. But again, they are sueing the State Dept, NOT Hillary Clinton. If the State Dept releases ALL of Clinton's emails, they then will say "Sorry, that's all we got. Go sue her if you want more".

Sticky...

Greg

Won't take a separate suit if the judge calls her in and requires her to turn it over. It can all be done through the 1 FOIA lawsuit, But I'll bet Judicial watch will cover all bets! They are pretty good at squeezing Information out of these jerks! Shocked Shocked
  

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Greg55_99
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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #28 - Mar 12th, 2015 at 3:53pm
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Redbeard wrote on Mar 12th, 2015 at 3:48pm:
is it private when public records were stored on it? Huh Huh


You are ASSUMING there are public records currently on it.  You don't know if there are. 

We need a special procecutor to find out!

Benghazi...

Greg
  

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Re: 'Hillary, please give us your server.... Pretty please? With sugar on top?'
Reply #29 - Mar 12th, 2015 at 4:06pm
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Greg55_99 wrote on Mar 12th, 2015 at 3:53pm:
You are ASSUMING there are public records currently on it. You don't know if there are.

We need a special procecutor to find out!

Benghazi...

Greg

I am assuming nothing! There were public records on it by Hillary's admission which can open it to subpoena in a FOIA request to prove there are not any more on it.
I, however, Believe they have not only been deleted but scrubbed from the hard drive! There are some pretty sophisticated shredder programs that can make deleted documents almost imposable to recover. Undecided Undecided
  

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