Clinton Denies Sending Classified Information From Private Server

Clinton Email Classified

Following reports that two Inspectors General have requested an investigation regarding the possibility of Hillary Clinton having sent classified email from her private server, Clinton has denied the accusations. Politico reports:

Hillary Clinton said she is confident none of the emails she sent or received using her private email server while secretary of state contained information that was classified when she sent them.

Clinton, speaking to reporters Saturday after a presidential campaign event here, said she has “no idea” which are the four emails an inspector general review has determined were classified “secret” at the time.

“I am confident I never sent nor received any information that was classified at the time it was sent and received,” Clinton said. “What I think you’re seeing is a very typical kind of discussion to some extent, disagreement among various parts of the government over what should or what should not be publicly released.”

Having followed this scandal closely, I believe Clinton might be telling the truth on this one point, but the current reports do raise serious concerns. Whether or not Clinton was telling the truth on this point, her subsequent statements  were misleading when she discussed the entire issue. Whether or not she did knowingly send classified email, this does not change the fact that Clinton violated the rules in effect in 2009. It does not change the fact that she destroyed around 30,000 email messages and edited others, which includes email related to Libya and Terrorism and was not personal email as she previously claimed

The fact checking sites have repeatedly stated that Clinton’s statements have been false regarding the email on many other points. The Washington Post Fact Checker has given Clinton and her defenders Three Pinocchios for their claims on at least two separate occasions (here and here). The top Freedom of Information Act official at the Justice Department has stated that Clinton was in violation of the rules and the State Department’s top Freedom of Information Act officer has called her use of a private server unacceptable.

Clinton has also been criticized for being deceptive when she said at her press conference that none of the email was classified. This very well might technically be true, however the statement was considered deceptive as the email she sent did include sensitive email.

We do know that some of the email was reclassified as classified when reviewed by the State Department after she turned it over. This by itself does not indicate any wrong-doing by Clinton. The question is whether she was careless and sent email which she should have known should be classified. The reports that at least four email messages which were classified at the time were sent by Clinton raises further questions. An investigation of this is complicated by the fact that she has destroyed so much of the email. If it is verified that she did send four or more emails which were classified at the time we may have a much more serious situation.

As I said, my gut feeling is that, while Clinton did many things wrong related to her exclusive use of a private server, she very well might not have knowingly sent classified email. However, while I have discounted criticism of Clinton for sending classified email in the past when raised by Republicans, the most recent reports do raise new concerns.

Regardless of whether Clinton actually did knowingly send classified email, this issue will remain alive through the election (if Clinton wins the nomination) due to Clinton having destroyed thousands of email messages and edited others. This very well might make it impossible to ever answer this question. Clinton certainly deserves no presumption of innocence on this after deleting and editing email. If I went into a malpractice suit having deleted some progress notes and editing others, this would lead to a strong presumption of guilt. Only under the Clinton Rules could Hillary delete the email, after having violated the rules, and expect people to take her word for it that she is innocent.

As a minor sidelight to this issue, some Clinton supporters are greatly exaggerating the issue of The New York Times making corrections to its original story. It is common in the internet age, when everyone is in a rush to get their stories on-line first, for some stories to later receive corrections. The initial errors in the first story, which have been corrected, have no real bearing on the overall email scandal. This in no way means that either this aspect of the story, or the larger story of the scandal, have been “debunked” as many Clinton supporter are claiming.

Update: Ron Fournier writes, Parsing Clinton: What Is She Hiding? Her slippery defense of the email scandal requires a Clintonologist.

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Hillary Clinton vs. The Press

Hillary Clinton CSPAN Iowa

With Clinton only taking rare questions from reporters, and generally only providing evasive answers, an increasing amount of the campaign coverage has turned to Hillary Clinton avoiding the press. McClatchy, one of the country’s better news services, has joined in:

Here’s how Hillary Clinton campaigned for president this week: She took a private 15-minute tour of a bike shop that had closed for her visit. She spoke to four small business owners chosen by her staff in front of an audience of 20, also chosen by her staff. She answered a few questions from the media following weeks of silence.

And after a little more than an hour, Clinton was off, whisked away by aides and Secret Service agents, into a minivan and on to the next event.

Members of the public who wanted to go inside the building to support her, oppose her or merely ask a question of her were left outside on an unseasonably cool Iowa day. Most didn’t bother showing up.

“I am troubled that so far in this caucus cycle she hasn’t had any public town halls,” said Chris Schwartz, a liberal activist from Waterloo, as he stood outside the bike store hoping to talk to Clinton about trade. “If she had a public town hall then we wouldn’t be out here. We would much rather be in there engaging with her.”

Welcome to Hillary Clinton 2.0. Mindful of her defeat by Barack Obama in 2008, Clinton has embraced a new strategy – one that so far does not include town-hall meetings and campaign rallies, media interviews, even public events.

Instead, she holds small controlled events with a handful of potential voters in homes, businesses and schools. She repeats many of the same lines (“I want to be your champion” is a favorite), participants are handpicked by her staff or the event host, and topics are dictated by her campaign.

Clinton might be able to get away with this politically but the question is not whether Clinton campaign needs the press but whether the country needs coverage from good campaign reporters. Sure the media posts a lot of garbage, but there is also valuable reporting which tells the country more about a candidate than we will ever get from their staged events and web sites. For example, when Clinton talked about immigration, I wish that somebody could have asked her the question suggested by Amy Chozick of The New York Times:

“President Obama said his executive action on immigration went as far as the law will allow. You say you would go beyond what he did. How could you stretch the law further than the president of your own party and his Justice Department says it can go?”

Without such questions, candidate claims of what they support mean very little. When Clinton excused her vote for the Iraq War, and subsequent actions to push to go to war when even some Democrats who also voted yes were opposing such action, by saying she was fooled by Dick Cheney that Saddam had WMD, there are so many obvious follow up questions. Did she review the intelligence herself? Why is someone who was so easily fooled when many of us following the news realized at the time it was a lie qualified to be president? Even if she was fooled by Cheney, why did she go beyond what most who voted for the war were saying in also falsely claiming there was a connection between Saddam and al Qaeda?

John Cassidy points out  further questions raised by Clinton’s (along with Jeb Bush’s) answer on Iraq in The New Yorker, starting out with a listing of all her various answers to date:

Clinton’s public statements, like Bush’s, have gone through several iterations. In September, 2007, she argued that she hadn’t, in fact, voted for a preëmptive war, and said, “Obviously, if I had known then what I know now about what the President would do with the authority that was given him, I would not have voted the way that I did.” Since many people regarded the resolution, at the time it passed, in October, 2002, as a blank check (twenty-one Democratic senators voted against it), this explanation didn’t do Clinton much good, but she stuck with it throughout her 2008 Presidential campaign, refusing to describe her vote as a mistake. In her 2014 memoir, “Hard Choices,” Clinton changed tack, fessing up and saying that she had relied heavily on prewar intelligence about Saddam’s programs to build weapons of mass destruction. “I should have stated my regret sooner and in the plainest, most direct language possible,” she wrote. She went on, “I thought I had acted in good faith and made the best decision I could with the information I had. And I wasn’t alone in getting it wrong. But I still got it wrong. Plain and simple.”

…Clinton, for her part, still has work to do to explain what she learned from the Iraq disaster. Clearly, it didn’t turn her against the concept of overseas military intervention. In 2011, as Secretary of State, she helped orchestrate air attacks on Libya that aided in bringing down Muammar Qaddafi, unleashing a civil war that is still raging. In 2013, after she left office, she supported U.S. military action against the Syrian regime, a course that President Obama eventually backed away from. In “Hard Choices,” however, she struck a cautious note. “As much as I have wanted to, I could never change my vote on Iraq,” she wrote. “But I could try to help us learn the right lessons from that war … I was determined to do exactly that when facing future hard choices, with more experience, wisdom, skepticism, and humility.”

As the 2016 campaign unfolds, Clinton might want to say more about how her views have changed, and how, as President, she would reconcile her urge to exercise American power—both to protect U.S. interests and to do some good in the world—with the harsh realities of experience. Such a discussion would help shift attention away from her 2002 vote and allow her to draw a contrast with the Republicans’ empty rhetoric. More importantly, it would focus the campaign debate on the question that, ever since March, 2003, has been hovering over practically everything: Whither America after Iraq?

The problem is that Clinton cannot easily face the press, and allow follow-up questions, for multiple reasons. She has told far too many lies about her unethical behavior in personally profiting from money from companies and countries which had business in front of her when she was Secretary of State. She even managed to botch what should have been an easy book tour, well before the current scandals were dominating the news. Clinton  has difficulties talking about her policy views when they are driven by polls and political expediency as opposed to conviction, as was made clear in her interview last year with Terry Gross. If a Democrat cannot handle an interview with Terry Gross on NPR, they are in serious trouble. Clinton could not answer questions about her views on same-sex marriage, which have varied so many times over the years, as these changes were most likely based upon political calculations rather than conviction. Now she has moved from believing that the question should be left to the states last year to supporting same-sex marriage as that is the expected viewpoint in the Democratic race.

There are many other questions which she should be asked about her views on same-sex marriage and other social issues, especially in light of how much conservative religious views have influenced her policy decisions. So far this campaign cycle I’m only aware of a single article at Salon which got into her ties with the religious right. I discussed this far more in a post last month which included selections from a must-read article from Mother Jones from 2007.

When Clinton won’t talk about policy, except for canned statements which leave many questions which she will not answer, the email scandal will continue to dominate the news. The first of many releases to come came on Friday. As expected, they do nothing to support the conservative conspiracy theories on Benghazi. It does reinforce what we already know about the blurring of the lines between the Foundation, Clinton’s old friends, and her work as Secretary of State. Karen Tumulty wrote:

For those who have worried that Hillary Rodham Clinton’s 2016 presidential campaign would be a repeat of the chaotic operation she ran eight years ago, her advisers have often pointed to her time in between at the State Department — which by comparison was an archetype of crisp managerial efficiency.

But a trove of newly released e-mails suggests that one of Clinton’s tendencies persisted during her time as secretary of state — an inability to separate her longtime loyalties from the business at hand.

The e-mails from her private account reveal that she passed along no fewer than 25 memos about Libya from friend and political ally Sidney Blumenthal. Blumenthal had business interests in Libya but no diplomatic expertise there.

Moreover, she did so after the White House had blocked her from hiring Blumenthal at the State Department. The president’s team considered him untrustworthy and prone to starting rumors…

In the memos, Blumenthal — who was identified to lower-level State Department officials only as “HRC friend” — said the information was “intel,” gathered from sources he described in such breathless terms as “an extremely sensitive source” or “an extremely well-placed individual.”

In many cases, it was met with skepticism by government officials who were experts in the region.

One official who received some of the missives said “the secret source” was known to be close to the secretary and “seemed to have some knowledge” of North Africa “but not much.”

Yet one more topic for reporters to question Hillary Clinton about if she ever gives them a chance, as opposed to her vague and empty answer on this subject.

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Obama Took On The Right At White House Correspondents’ Dinner

Obama White House Correspondents Dinner

The White House Correspondents’ Dinner has turned into a major event in recent years, and Barack Obama did a fine job. Among his jokes:

“For many Americans, this is still a time of deep uncertainty. I have one friend, just weeks ago, she was making millions of dollars a year, and she’s now living out of a van in Iowa.”

“Michele Bachmann predicted I would bring about the biblical end of days. Now that’s big. … Lincoln, Washington — they didn’t do that.”

On Bernie Sanders: “Apparently people really want to see a pot-smoking socialist in the White House. We could get a third Obama term after all.”

On Dick Cheney: “He thinks I’m the worst president of his lifetime, which is interesting because I think Dick Cheney is the worst president of my lifetime.”

Cecily Strong, while not as good a comedian, as Barack Obama, did better in this situation than as anchor on SNL’s Weekend Update. She had a number of jokes about the media, from the number of prison documentaries on MSNBC to the nature of Fox’s audience: “Fox News has been losing a lot of viewers lately, and may they rest in peace.”

She was clearly backing Hillary Clinton but she did mention the email scandal: “Hillary Clinton said that she used her private email because she didn’t want to use more than two devices. Now if that sounds familiar, it’s because it’s also one of the rules of the sex contract of ‘Fifty Shades of Grey.'”

Obama’s expression of political views has received far more attention than Strong’s. On climate change: “Look at what’s happening right now. Every serious scientist says we need to act. The Pentagon says it’s a national security risk. Miami floods on a sunny day, and instead of doing anything about it, we’ve got elected officials throwing snowballs in the Senate! It is crazy! What about our kids?! What kind of stupid, short-sighted, irresponsible…”

Both conservative liberal blogs agreed that Obama was expressing liberal views in such jokes, but the spin was quite different. Power Line’s headline was Our Mean-Spirited President Cuts Loose. Ezra Klein put it differently (and more accurately): The joke was that Obama wasn’t joking.

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Martin O’Malley and Jim Webb Faced The Media But Hillary Clinton Continues To Avoid The Press

O'Malley Face The Nation

Martin O’Malley appeared on Face the Nation today, telling Bob Schieffer that he plans to decide by the end of May as to whether he plans to run against Hillary Clinton for the Democratic nomination. Schieffer asked him why he plans to run:

O’MALLEY: Because I believe that our country faces big challenges.

And I know that leadership is important, if we’re going to turn these challenges into opportunities. I have 15 years of executive experience as a big city mayor and as a governor bringing people together to get things done. And I believe that I have the ideas that will help our country move forward to a time when our economy is actually working for all of us again, instead of wages declining.

There has been repeated mention in the media as to how Clinton has taken the unusual course of not meeting with the press (see here and here).  O’Malley did not take advantage of this opportunity to criticize Clinton:

SCHIEFFER: What do you think of way she launched her campaign? All these Republicans are up there making speeches, kind of doing it the old-fashioned way. She gets in this little van and drives all the way out there. She’s given no interviews, as far as I can tell. She hasn’t had a news conference. Can you get the nomination that way? And how will you do it?

O’MALLEY: Well, look, I will let others talk — second-guess her strategies and tactics. And she can certainly defend herself. I have a tremendous amount of respect for Secretary Clinton.

I believe that the best way to campaign is one-on-one with people. You can’t forge a new sort of consensus, you can’t forge public opinion by following public opinion. And you have to engage with people in living room after living room, in luncheonettes and lunch counters. I think that is the best type of campaign is the one- on-one contact, where we actually talk about the better choices we need to make to get earnings to rise again.

So far Clinton has only received gentle criticism for the manner in which she has avoided the press, but if she keeps this up I would expect the press to discuss this more, as back in 2008 when Sarah Palin was hiding from the press. The Washington Post noted that O’Malley and James Webb appeared on the Sunday interview shows but Clinton was only represented by stand-ins.

The full transcript of Face the Nation is available here.

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Brian Wiliams And The Problems At NBC News

Vanity Fair Brian Wilson

Vanity Fair has a fascinating article on Brian Williams and NBC News. Here are just a few of the highlights:

Much of the blame is placed on Comcast–an easy target to blame:

Since Comcast took control of NBC, the network’s news division—famously termed Comcast’s “crown jewel” by C.E.O. Brian Roberts—has endured one debacle after another. “When Comcast took over, they had the No. 1 morning show, the No. 1 Sunday show, and the No. 1 evening broadcast,” says a former top NBC executive. “That’s all completely fallen apart. I don’t know how you blame anyone but Comcast and the people it brought in. It’s been a nightmare.”

Behind the scenes much of the blame has been laid at the feet of three executives: Turness, a British-trained newcomer to U.S. television; Fili, who had virtually no experience in journalism; and Fili’s boss, the steely, driven C.E.O. Comcast installed to run NBCUniversal, Steve Burke. Under Burke the network has done well overall—its ratings have rebounded from last to first in the coveted 18–49 demographic, and NBCUniversal’s profits were up 18 percent last year—but he and his deputies, their critics charge, time and again proved unable to rein in the news division’s high-priced talent. “News is a very particular thing, NBC is a very particular beast, and Deborah, well, she really doesn’t have a fucking clue,” says a senior NBC executive involved in recent events. “She’s letting the inmates run the asylum. You have kids? Well, if you let them, they’ll have ice cream every night. Same thing in TV. If you let the people on air do what they want, whenever they want, this is what happens.”

The problem is also attributed to Brian Williams being more interested in corporate politics than national politics or foreign affairs:

One might expect that, in the wake of Williams’s suspension, his colleagues would be brimming with stories of other fanciful tales he told. That’s not the case. There are a few tales, it’s true, but when asked for the unvarnished truth about Williams, the two topics people at NBC News return to again and again are these: his prowess as a bureaucratic infighter and his limited interest in the kind of “heavy” news topics and investigative pieces that had long been championed by such NBC stalwarts as Tom Brokaw and Tim Russert.

“What always bothered Tim was Brian’s lack of interest in things that mattered most, that were front and center, like politics and world events,” says a person who knew both men well. “Brian has very little interest in politics. It’s not in his blood. What Brian cares about is logistics, the weather, and planes and trains and helicopters.”

“You know what interested Brian about politics?” marvels one longtime NBC correspondent, recently departed. “Brian was obsessed with whether Mitt Romney wore the Mormon underwear.” (A supporter says that this characterization is unfair and that Williams reads deeply and broadly, especially about history and politics.)

Williams took the anchor chair in December 2004, after a career handling the news at local stations and MSNBC; though he had worked as NBC’s chief White House correspondent for two years, he was never a foreign or war correspondent. He was deeply insecure about this, some of his friends believe. These people suggest that his storied broadcasts from New Orleans in the aftermath of Hurricane Katrina, which proved a boon to his ratings, were in part an effort to overcome the perception that he was a journalistic lightweight. In his first years on Nightly News, several colleagues say, Williams’s weaknesses were kept in check by other strong figures at the network, from Brokaw and Russert to Capus and a Nightly News executive producer named John Reiss. With the departures of each of these men, especially Russert, who died in 2008, Williams slowly consolidated his power.

Plus Williams often appeared to be more interested in entertainment than hard news:

For a while, he was. In fact, as an excellent article by Gabriel Sherman in New York magazine recounted, Williams had long displayed an ambivalence with continuing in the anchor chair. With his abundant charisma and disarming wit, what he truly wanted, it appears, was his own talk show. According to New York, he talked to Steve Burke about succeeding Jay Leno. When Burke refused, Williams reportedly pitched Les Moonves, at CBS, to replace David Letterman, who was soon to retire. Moonves also allegedly declined. Though his appearances on shows such as 30 Rock and Jimmy Fallon successfully repositioned Williams as a good-humored Everyman—and thus expanded not only his own brand but that of Nightly News—they were not popular among many of his colleagues.

“He goes on Tina Fey and Jimmy Fallon and all that, that’s where his heart was, and [at NBC] that’s seen as running away from the news division,” says a former NBC executive.

A Williams partisan disagrees. “The irony is that the very things people are criticizing Brian for now were the things they loved most about him at the time, the fact that by going on all these shows, with their young audiences, he was building bridges to the younger people who weren’t watching network news anymore,” this person says. “It was something the previous generation of anchormen, like Brokaw, hadn’t been able to do. Brian was doing it.”

After refusing Williams the Leno spot, Steve Burke offered him a consolation prize: his own magazine show, Rock Center, a bid to anchor what he hoped would be the second coming of 60 Minutes. It wasn’t. Rock Center debuted in 2011 to tepid reviews and worse ratings. Its journalistic efforts received less notice than its stunt hiring of Chelsea Clinton, whose signature contribution was the interview she did with the Geico Gecko that appeared on the show’s Web site.

After more discussion of the scandal which led to Williams being taken off the air there is speculation on his future–including what might be a perfect solution:

Williams’s future, NBC insiders insist, remains up in the air. He and Andy Lack are close friends, leading to widespread speculation that Lack will reinstate him once his suspension is complete. But people close to Lack say nothing has yet been decided. Many NBC observers simply can’t imagine a network anchorman ever returning to his former position after being exposed as Williams has. The most Machiavellian scenario, floated by an NBC partisan, is that Jeff Zucker, whose distaste for Comcast executives is well known, has fanned the flames of controversy so that he can eventually snare Williams for CNN—not as a newsman but as the long-sought replacement for Larry King. “That’s the perfect solution,” a source says. “Zucker gets a star, and Brian gets the talk show he always wanted.”

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Saturday Night Live Spoof of CNN, And Hillary Clinton Deleting Her Email

Saturday Night Live had a good parody of CNN this weekend, starting with their coverage of airline disasters. Check out their simulations, along with their coverage of the Iran nuclear talks, using puppets as the actual meeting was behind closed doors. Also check out their simulation of Hillary Clinton deleting her email, using a cat for the simulation, about four minutes in.
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Hillary Clinton Jokes About Her Problems With The Media

Clinton Media

Hillary Clinton spoke at the Toner Prize for Excellence in Political Reporting Monday night, and I do give her points for both humor and self-awareness:

“I am well aware that some of you may be a little surprised to see me here tonight,” she said. “My relationship with the press has been at times, shall we say, complicated.”

“I am all about new beginnings: a new grandchild, another new hairstyle, a new email account,” she quipped, “Why not a new relationship with the press? So here goes. No more secrecy. No more zone of privacy.”

So far not bad. I heard more of her speech last night and had to go through several media accounts until I found one which included a reference one of the best lines: “Before I go any further, if you look under your chairs, you’ll find a simple non-disclosure agreement. My attorneys drew it up.”  As I said, she showed self-awareness.

As is typical for Clinton, she also refused to take questions, but Dan Baltz, who won this year’s award, did offer to yield some of his time if Clinton would take some questions. She did not accept the offer.

This was a far better appearance for Clinton than her book tour or her press conference after the email scandal broke. It is questionable whether this will really repair her problems with the press. Joking around with the press hardly makes up for using her private server to block Freedom of Information Act requests for information from the media.

Clinton at least showed a better connection to reality than Breitbart which covered her speech in this manner:

“We need more than ever smart, fair-minded journalists to challenge our assumptions, push us towards new solutions, and hold all of us accountable,” she reportedly told mainstream media reporters who notoriously protect Democrats like Clinton.

I don’t think Clinton believed she was receiving any protection from the mainstream media when she received well-deserved criticism in the past month because of the email scandal from mainstream media sources such as The New York Times, NPR, AP, NBC News, MSNBC, and The Guardian. Plus there was the Boston Globe pushing for Elizabeth Warren to run against her, and far more scathing criticism from many liberal publications.

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AP Files Suit Over Clinton Email, Media Fact Checks Clinton, and Al Gore Goes To Iowa

Clinton Press Conference NBC

As I discussed previously, one of the more serious aspects of Hillary Clinton violating rules regarding government records is that she used her private server to avoid Freedom of Information Act requests, including requests from the Associated Press. AP is now filing suit:

The Associated Press on Wednesday sued the State Department to force the release of email correspondence and government documents from Hillary Rodham Clinton’s tenure as secretary of state.

The legal action follows repeated requests filed under the U.S. Freedom of Information Act that have gone unfulfilled. They include one request the AP made five years ago and others pending since the summer of 2013.

The suit in U.S. District Court comes a day after Clinton broke her silence about her use of a private email account while she was America’s top diplomat.

The FOIA requests and the suit seek materials related to her public and private calendars; correspondence involving aides likely to play important roles in her expected campaign for president; and Clinton-related emails about the Osama bin Laden raid and National Security Agency surveillance practices.

“After careful deliberation and exhausting our other options, The Associated Press is taking the necessary legal steps to gain access to these important documents, which will shed light on actions by the State Department and former Secretary Clinton, a presumptive 2016 presidential candidate, during some of the most significant issues of our time,” said Karen Kaiser, AP’s general counsel.

Said AP Executive Editor Kathleen Carroll: “The Freedom of Information Act exists to give citizens a clear view of what government officials are doing on their behalf. When that view is denied, the next resort is the courts.”

Other media outlets have made similar complaints, so this might not be the only suit.

Despite claims made during her misleading press conference yesterday, Clinton has violated Section 1236.22 of the 2009 National Archives and Records Administration requirements, along with what White House spokesmen describe as “very specific guidance” from the White House. While some Clintonistas follow their usual formula of denial of wrongdoing on the part of the Clintons, distraction, and demonization of critics, the media has been fact-checking and debunking Clinton throughout the day. Some Clintonistas are claiming this story is coming from Republicans and Fox, ignoring the fact that the story originated in The New York Times and it has been liberal magazines and blogs who have been criticizing her misconduct on principle.  Andrea Mitchell reported on problems on record retention in the Clinton State Department on NBC tonight. NPR’s All Things Considered was just one of many media outlets which debunked statements made during her press conference, including her claims that she did not break the rules:

Clinton admitted her decision to carry one smartphone device rather than two during her tenure as secretary of state might have been a mistake. Apart from that, though, Clinton maintained her conduct regarding her email was by the book.

Others aren’t so sure. For instance, Clinton said it was “undisputed” that “the laws and regulations in effect” when she was secretary of state allowed her to use her personal email account for work. Tom Blanton, director of the National Security Archive at George Washington University in D.C., disagreed. He said the Federal Records Act of 2009 “in effect discouraged the use of personal email for official business.”

Clinton was confirmed as secretary of state in January 2009. The Records Act did not prohibit use of personal email accounts, but Blanton said the language is clear. “It says the head of every federal agency — and that’s who she was as secretary of state — is responsible for making sure that records of that agency’s business are saved on agency record systems,” he said.

Blanton said that does not include a server in Clinton’s Chappaqua, N.Y., home.

Clinton also asserted: “For any government employee, it is that government employee’s responsibility to determine what’s personal and what’s work-related.”

Blanton said Clinton did indeed have the right to separate out her personal emails from official records. But had those emails been on a government server, it would have been a more transparent process, he said. “If those emails were in the State Department system, that separation of personal or non-record material from the official stuff would be done by a professional records manager or professional archivist, a civil servant — not an aspiring politician and her lawyers.”

Similar coverage from The Guardian:

How can Clinton believe she didn’t violate any rules?

Clinton also said at the press conference she “fully complied with every rule I was governed by”. Well, actually: a 2005 State Department directive said “It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”

Sources told Politico the rules were “clear-cut”. An ambassador was harshly criticized in 2012 for breaking this rule in the same manner Clinton did and subsequently fired in part for using a private email account at work. And Clinton herself signed a State Department cable in 2011 saying that all ambassadors should avoid personal email for professional business.

This is just a small sample of the criticism of Clinton from the liberal media. Meanwhile from the center, Ron Fournier did a good job of summing up what it is important:

Her rule-breaking and obfuscation force anybody who is not paid by Clinton or blindly loyal to ponder an uncomfortable choice. Clinton either has no idea how much damage she’s doing to her image and her party (which doesn’t speak well of her crisis-management skills) or there is something untoward in those emails.

It would be nice if we could all assume the former: She’s just a lousy candidate, not a liar or a crook. But the vast majority of Americans have no faith in politicians, politics, or government. Most know the Clintons’ history of stonewalling. And to those people, her answer to legitimate questions about government email and the Clinton Foundation is, “Trust me.”

The Washington Post Fact Checker gave Clinton three Pinocchios for her spin on the rules:

By the time Clinton took office, federal expectations for archiving electronic records were clearer than they were under Powell’s tenure. That does not absolve Powell for not being able to locate his records a decade later, or for not turning them over to National Archives back then. But it does mean that Clinton was held to a more definitive standard. Moreover, this common defense among her supporters is used to deflect the central issue: that Clinton exclusively used a personal account, and did not provide records until she was requested to, after she left office. That is the most relevant point, so the Democrats earn Three Pinocchios.

Unless smoking gun comes up, or Clinton botches further controversies as badly as this, most likely she will still win the nomination. This scandal, and other problems such as during her book tour, have raised questions from all sides of the political spectrum as to whether another Democrat can beat Clinton for the nomination. Several writers on the left are suggesting that Clinton needs a primary challenge.  The Weekly Standard has an interesting suggestion from the right:

As reporters and members of Congress begin to dig into the Clinton email scandal, former Democratic presidential candidate has announced an upcoming visit to Iowa. He’ll be in the important caucus state from May 5-7, as part of a training sessions for the Climate Reality Project, of which he’s chairman…

While Gore has not expressed presidential ambitions in some time, some Republicans cannot help but wonder about the timing of the trip.  Especially as the Clinton email scandal begins to grow.

“When it comes to politicians visiting Iowa, I don’t believe in coincidences,” one experienced Republican hand says.

“Al Gore, like Hillary Clinton has spent most of his life in politics. Running for office is something that’s in his blood, and he probably thinks that the waters for a potential bid are getting a little, shall we say, warmer.”

I suspect that it is purely coincidence that this climate meeting is in Iowa this spring, but this is also one of the rare times that I hope that Republicans speculation is right. If Hillary Clinton’s campaign continues to self-destruct, Democrats would benefit from a candidate who is not only well known, but who once even won the popular vote for the presidency. His move to the left while Clinton has moved to the right would, of course, be another big plus from my perspective.

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Question of the Day: Jon Stewart On Lies About Iraq

Jon Stewart

“Never again will Brian Williams mislead this great nation about being shot at in a war we probably wouldn’t have ended up in if the media had applied this level of scrutiny to the actual f**king war.” –Jon Stewart

This again raises the question–if Brian Williams is now being punished for lying about Iraq, what about Bush and Cheney?

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Quote of the Day: Seth Meyers on CNN

Seth Meyers

“CNN is developing a game show to be hosted by Anderson Cooper. It will be just like the other CNN shows except the contestants will make wild guesses instead of the news anchors.” –Seth Meyers

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