Jeb Bush Had Another Secret Email Account And Conservative Group Sues Clintons For Racketeering

Clinton Bush

The Bush family and the Clinton family are tied so closely together, with many predicting, or rather fearing, that we will have another Bush v. Clinton election in 2016. Among their ties is a problem with private email accounts. While I have already noted news media reports of Jeb Bush having his own email problems, yet another problem has arisen. AP reports that Bush had yet another secret email account:

When Bush released thousands of emails from his tenure as Florida’s governor as part of his preparations to run for president next year, he did so from the email account he shared openly, jeb@jeb.org.

Those emails also include references to another email address, jeb@gencom.net. Bush said through a spokeswoman that he was unaware of the account, although records showed that people wrote to him there more than 400 times between 1999 and 2004.

The same records show no replies from Bush coming from that address. Instead, when Bush responded, he did so from his more well-known email address. Writers sometimes also reached the governor at jeb@jebbush.org or jeb@myflorida.com.

Bush’s spokeswoman, Kristy Campbell, said Bush had no knowledge of the other email account. “He doesn’t know what that email address is,” she told The Associated Press Tuesday…

Though Bush said he knew nothing of that address, the emails clearly reached him: Bush often wrote back from his other account. In 1999, a writer corresponded with Bush about appointments to Brevard Community College. The email chain includes a reply, “Please respond to jeb@jeb.org.”

Hillary Clinton once again might be aided by conservative over-reach with her email problems:

The conservative group Freedom Watch has filed a racketeering lawsuit against former Secretary of State Hillary Clinton that accuses her of failing to produce documents under the Freedom of Information Act (FOIA).

The civil suit, filed Wednesday in the U.S. District Court for the Southern District of Florida, argues that Clinton used her private emails to sell access to other officials in return for donations to the Clinton Foundation.

It alleges that, during her tenure, Clinton withheld documents requested under FOIA regarding State Department waivers given to businesses or individuals doing business with Iran, possibly undermining U.S.-imposed sanctions.

The complaint, which lists Bill and Hillary Clinton and the Clinton Foundation as defendants, alleges the Clintons sold access to other U.S. government officials in return for donations to their organization, which they concealed, allegedly, by using a private computer server for her emails operated from their home in Chappaqua, New York.

While it has been established that Clinton violated the rules in effect when Secretary of State, and that she used the private server to improperly evade Freedom of Information Act requests, it is different matter to prove such racketeering. I fear that this will create yet another distraction, as with Benghazi, which prevents examination of the real issues regarding government transparency. Conservatives will fail to prove their case once again, and then Clinton apologists will use this to deny what Clinton has actually done wrong.

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FOIA Official Confirms Clinton Broke Rules But Two Conservative Charges Against Her Look Dubious

Clinton Email

If the old political adage is true that the cover-up is worse than the crime, there is a corollary that denying the acts are a crime can be nearly as bad. When news first broke that Hillary Clinton used a private server for her email the reaction was generally that she acted unethically, foolishly, and possibly in violation of the rules. Then Clinton gave a news conference in which she basically insulted the intelligence of the press and all thinking people watching her who retain any objectivity. She claimed that she did not violate any rules, and the fact checkers got hard to work to show that, despite her denials, Clinton clearly did violate the rules. Instead of burying the story as she hoped, her dishonesty has kept talk of the issue going.

Clinton apologists came out with several attempts to obfuscate the issue. They quoted the 2014 changes in the Federal Records Act, arguing that they were passed after Clinton left office, but ignored the 2009 changes in the rules, along with directions within the Obama administration in 2009 and 2011 to improve transparency in government. They say that Colin Powell did the same, ignoring the rules changes which didn’t come into effect until 2009. Sure other Republicans have had comparable problems with their email, but it is hardly a good defense to show that Clinton is acting like a Republican. They move the goal posts and argue that there was no law against using private email. The issue is not the use of private email but that it did violate the rules in using private email exclusively. More seriously, she violated rules requiring that when private email is used it be archived on government servers. She also violated the rules when she deleted email, and when she used her private servers to avoid Freedom of Information requests from the press.

I have previously quoted Dan Metcalfe, who ran the Freedom of Information office for the Justice Department, explaining how Clinton violated the rules. Since that interview, he has written an article explaining yet once again how Clinton violated the rules:

We now have former Secretary of State Hillary Clinton being revealed as someone who took the unprecedented step of arranging to use her personal email account for all of her official email communications. What’s more, she decided to use her own email server equipment, rather than a commercial Internet service provider, so that the records of her email account would reside solely within her personal control at home. And if that were not enough, she then proceeded blithely—though not uncharacteristically—to present herself to the public, at a press conference held on March 10, as if there were really nothing “wrong” about any of this at all.

Well, as the saying goes, “reality is not her friend.”

For anyone considering this sad tale carefully—including the media, members of Congress and the public at large, whether from “inside the Beltway” or not—some basic points of both law and reality should be borne in mind.

First, while it is accurate for Secretary Clinton to say that when she was in office there was not a flat, categorical prohibition on federal government officials ever using their personal email accounts for the conduct of official business, that’s a far different thing from saying (as she apparently would like to) that a government official could use his or her personal email account exclusively, for all official email communications, as she actually did. In fact, the Federal Records Act dictates otherwise.

That law, which applies to all federal agency employees who are not within the White House itself, requires the comprehensive documentation of the conduct of official business, and it has long done so by regulating the creation, maintenance, preservation and, ultimately, the disposition of agency records. When it comes to “modern-day” email communications, as compared to the paper memoranda of not so long ago, these communications now are themselves the very means of conducting official business, by definition.

To be sure, this cannot as a practical matter be absolute. When Obama administration officials came into office in 2009, the Federal Records Act certainly allowed room for the occasional use of a personal email account for official business where necessary—such as when a secretary of state understandably must deal with a crisis around the world in the middle of the night while an official email device might not be readily at hand. That just makes sense. But even then, in such an exceptional situation, the Federal Records Act’s documentation and preservation requirements still called upon that official (or a staff assistant) to forward any such email into the State Department’s official records system, where it would have been located otherwise.

This appears to be exactly what former Secretary of State Colin Powell did during his tenure, just as other high-level government officials may do (or are supposed to do) under such exceptional circumstances during their times in office. Notwithstanding Secretary Clinton’s sweeping claims to the contrary, there actually is no indication in any of the public discussions of this “scandal” that anyone other than she managed to do what she did (or didn’t) do as a federal official.

Second, the official availability of official email communications is not just a matter of concern for purposes of the Federal Records Act only. It also makes an enormous (and highly foreseeable) difference to the proper implementation of the Freedom of Information Act (known as the “FOIA” to its friends, a group that evidently does not include Secretary Clinton). That is because the starting point for handling a FOIA request is the search that an agency must conduct for all records responsive to that request’s particular specifications. So any FOIA request that requires an agency first to locate responsive email messages sent to or from that agency’s head, for instance, is necessarily dependent on those records being locatable in the first place. And an agency simply cannot do that properly for any emails (let alone all such emails) that have been created, and are maintained, entirely beyond the agency’s reach. Or, as it sometimes is said somewhat cynically in the FOIA community, “You can’t disclose what you can’t find.”

In this case, which is truly unprecedented, no matter what Secretary Clinton would have one believe, she managed successfully to insulate her official emails, categorically, from the FOIA, both during her tenure at State and long after her departure from it—perhaps forever. “Nice work if you can get it,” one might say, especially if your experience during your husband’s presidency gives you good reason (nay, even highly compelling motivation) to relegate unto yourself such control if at all possible.

Third, there is the compounding fact that Secretary Clinton did not merely use a personal email account; she used one that atypically operated solely through her own personal email server, which she evidently had installed in her home. This meant that, unlike the multitudes who use a Gmail account, for instance, she was able to keep her communications entirely “in house,” even more deeply within her personal control. No “cloud” for posterity, or chance of Google receiving a congressional subpoena—not for her. No potentially pesky “metadata” surrounding her communications or detailed server logs to complicate things. And absolutely no practical constraint on her ability to dispose of any official email of “hers,” for any reason, at any time, entirely on her own. Bluntly put, when this unique records regime was established, somebody was asleep at the switch, at either the State Department or the National Archives and Records Administration (which oversees compliance with the Federal Records Act)—or both.

Now, what Secretary Clinton would have one believe is that this is all just a matter of her choosing one available email option over another, that she really did nothing that her predecessors had not done before her and that she can be trusted to “have absolutely confidence” that what she did “fully complied with every rule that [she] was governed by.” In other words, the thrust of her March 10 press conference was: “Everything was fine, nothing to be seen here, so let’s all just move along.”

But having spent a quarter-century at the forefront of the government’s administration of the FOIA, including its transition to electronic records and its involvement in so many Clinton administration “scandals du jour,” I know full well that both what Secretary Clinton arranged to do and what she now has said about that are, to put it most charitably, not what either the law or anything close to candor requires. At a minimum, it was a blatant circumvention of the FOIA by someone who unquestionably knows better and an attempted verbal “cover” of the situation (if not “cover-up”) that is truly reminiscent of years past.

And I say that even as someone who, if she decides to run for president and is the Democratic nominee, will nevertheless vote for her next year.

I cannot tell you how many times, during the eight years of the Clinton administration, I heard someone say, “The cover-up is worse than the crime.” For those of us who knew what most of the alleged record “cover-ups” actually were, even if not the full extent of each “crime,” I can tell you that this sometimes was true—but not always. In fact, the exact phrasing of the public explanations given, with their sly connotations versus denotations, could make all the difference.

Let’s start with her opening sentences of the press conference: “First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department….”

This statement, right off the bat, gives a false impression, through two key words that are used and one that is missing. Her use of “opted” (which, incidentally, was readily accepted by her first questioner) strongly implies that she actually had a choice under the Federal Records Act; she did not. And the word “allowed” likewise connotes that what she did was permissible as a matter of law. It was not. It obviously was “allowed by the State Department” in one sense because it did proceed to happen; no one tackled her in the hallway before she could do it. But that does not mean that it was properly allowed, which is what she repeatedly implies. The missing word, of course, is “exclusively.” Officials were not absolutely barred from ever using their personal email accounts. But again, that is a far cry from what this answer falsely implies—that the law and regulations, either back then or now, allow the use of a personal email account exclusively. She never should have been using a personal account exclusively for her email correspondence. That’s the key ingredient that made her email setup contrary to policy, practice and law.

Let’s take, as another example, her claim that what she did was in compliance with law because “the federal guidelines are clear.” OK, please now tell us, Secretary Clinton, exactly which “federal guideline” (even one will do, notwithstanding your claim of plurality) makes it “clear” that you can unilaterally decide, dispositively and with such finality, which of your work-related records are “personal” and which ones are not, even with FOIA requests pending? Years ago, I worked on a case in which a presidential appointee—who shall remain nameless though not blameless—after becoming caught up in an especially controversial matter, intransigently declared that all of the records on a credenza behind his desk were “personal” and thus were beyond the reach of the FOIA (and that of the agency FOIA officer, whom he physically prevented from going back there). This official was severely castigated by a federal judge after it was found that he was, in no small part, quite mistaken about both things; the judge’s opinion was so pointed that we used the case regularly in our FOIA training programs. So yes, Secretary Clinton’s suggestion that federal officials can unilaterally determine which of their records are “personal” and which are “official,” even in the face of a FOIA request, is laughable.

It is not at all uncommon for the average federal employee on a day-to-day basis to bear the responsibility of “separating the wheat from the chaff” under the Federal Records Act, as well as when that employee departs from federal service. Even relatively high-level employees such as myself (as an ES-5 in the Senior Executive Service) often are able, as a practical matter, to determine such things, just as I did when I retired from the Justice Department eight years ago. But I certainly could not have taken with me the sole copy of any agency-generated document, nor could I have properly stymied any pending FOIA request—not even for a record in my office that I was convinced was 100 percent “personal.” In fact, at Justice we created a formal process to govern things that departing officials sought to “remove.” The first official to which the policy was applied, at her own insistence, was Attorney General Janet Reno, at the end of the Clinton administration. (This stood in stark contrast with the sad case of Attorney General Edwin Meese, who was so overreaching upon his departure that we had to scour his garage in Virginia to retrieve about a dozen boxes of records that he wrongfully took with him in violation of the Federal Records Act, among other things.) One cannot help but wonder how Secretary Clinton’s departure process was handled.

Metcalfe went on to criticize Clinton for the security risks in the manner in which she handled sensitive and possibly classified information.

While criticism of Clinton from the left has been over concerns for honesty and transparency in government, criticism from the right has often been over other matters. For example, The Wall Street Journal ran an opinion piece from Ronald Rotunda, a professor at Chapman University’s Fowler School of Law, arguing that Clinton committed obstruction of justice in destroying some of the email:

The law says that no one has to use email, but it is a crime (18 U.S.C. section 1519) to destroy even one message to prevent it from being subpoenaed. Prosecutors charging someone with obstruction don’t even have to establish that any investigation was pending or under way when the deletion took place. As T. Markus Funk explained in a journal article for the National Association of Criminal Defense Lawyers, the prosecutor “need only prove that the defendant shredded the documents, at least in part, to make life more difficult for future investigators, if and when they eventually appear.”

Legal commentators call this “anticipatory obstruction of justice,” and the law punishes it with up to 20 years imprisonment. The burden of proof is light. The Justice Department manual advises that section 1519 makes prosecution much easier because it covers “any matters” or “’in relation to or contemplation of’ any matters.” It adds, “No corrupt persuasion is required.”

An opinion from another law professor would be needed to verify this, but I would think that for this to apply there would need to be reason to believe that Clinton had committed a crime she was covering up. While destruction of the email did violate the Federal Records Act, I would doubt that it goes as far as to constitute obstruction of justice without such evidence of a crime. The preservation of email is important with regards to maintaining government transparency and preserving the historical record, but beyond that there is no evidence of any larger crimes being committed by Clinton. Of course conservatives are likely to counter by saying she would not have destroyed email if she didn’t have something to cover-up, and admittedly there is no way to prove this wrong beyond a presumption of innocence which it is not clear Clinton deserves.

Conservatives have also been obsessing over whether she signed form OF-109, in which an official leaving the government certifies that they surrendered all official records. It now appears that she did not. The whole issue of the OF-109 seems like a petty distraction. The real issue is whether she violated the rules, as she did, not how or whether she completed a form regarding compliance with some of the rules. Besides, it looks like it is quite common for public officials to fail to complete this, with no penalty for not signing. Leave it to conservatives to look beyond the real issues and concentrate on trivialities.

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Al Gore As The Liberal Alternative To Hillary Clinton

Al Gore

With many liberals concerned about the prospect of Hillary Clinton walking away with the Democratic nomination there has been increased talk of other potential candidates. Joan Walsh listed several in a recent article at Salon. Although I thought it is purely coincidence, I recently noted speculation in light of Al Gore’s planned visit to Iowa this spring. Despite what many political pundits believe, some people do go to Iowa or New Hampshire for reasons other than to launch a presidential campaign. Ezra Klein is now writing that Al Gore should run for president.

He is pushing for Gore to run largely because of climate change, arguing both the importance of the issue and pointing out that this is an area where a president can take action with executive agencies even with the opposition of Congress. While I agree, I’m more interested in Gore because of the strong commitment to liberal positions and the forward looking thinking he has expressed since leaving office. As Klein wrote:

Single-issue candidacies rarely go far in American politics, but then, Gore need not be a single-issue candidate. Indeed, the rest of his positions are closer in line with Democratic Party activists than, say, Clinton’s. He opposed the Iraq War and endorsed single-payer health care, for instance. His Reinventing Government initiatives, mixed with his Silicon Valley contacts and experience, look pretty good for a post-Healthcare.gov era.

And there’s a lot more on Gore’s mind. His most recent book, ambitiously titled The Future, runs through the six forces he believes are changing the world: a globalized network of governments and corporations he calls “Earth, Inc.”; worldwide communication technologies that are leading to the emergence of a “global mind”; massive shifts in power from West to East and from government to corporations; an economic system that too often devastates natural resources; revolutions in genomics, biotechnology, and other life sciences; and, perhaps most optimistically, the beginnings of a revolution in energy and agriculture.

The book has been blurbed by everyone from conservative economist Arthur Laffer (“transcends ideology while turning our attention to big issues, big ideas, and big solutions”) to internet hero Tim Berners-Lee (“If you are concerned about the massive changes the world is just heading into, then you should read this book. If you aren’t, then you must read it!”).

You can believe Gore a visionary or you can believe him a blowhard, but he’s offering a very different, and much more radical, vision of what politics should be about than even Elizabeth Warren, to say nothing of Hillary Clinton.

Gore also has the experience, name recognition, and the resources to launch a campaign, while other candidates would be overshadowed by Hillary Clinton. He has even won the popular vote for president once, and could have won the electoral vote if a full recount was held in Florida, or if not for the butterfly ballots.  It sounds like a great idea except for one major problem. I doubt that Gore has any interest in getting back into politics.

***

In follow-up of other recent items, White House Press Secretary Josh Earnest was asked about the story in The New York Post which claims that Valerie Jarrett leaked the information regarding Clinton’s email. He called the report “utter baloney.” Of course those who believe the story will probably not believe his denial.

Dvorak, a tech blog, has discovered more information on how insecure Hillary Clinton’s private server was. He found that Clinton used an outside spam filtering service and that people working there could have reviewed any sensitive email going through her system. The author, who has supported Clinton in the past,  pointed out that “this is one of many reasons they have a rule at the State Department that you have to use their servers.” (Noncompliance with this policy was cited by the Inspector General as one of the reasons for firing an ambassador under Clinton.) The article also showed that security was relatively weak on the system. The author has a response for those who excuse Clinton’s actions because Republicans did it too: “Are you F…ing kidding me!”

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Private Email A Problem For Jeb Bush And Other Republicans, Along With Hillary Clinton

Clinton Bush

Jeb Bush has been on the campaign stump attacking Clinton regarding her use of a private email server, violating rules in effect as of 2009 regarding retention of records. While such criticism is deserved, Bush as been quiet on his own email scandal.  The Washington Post reports:

Jeb Bush used his private e-mail account as Florida governor to discuss security and military issues such as troop deployments to the Middle East and the protection of nuclear plants, according to a review of publicly released records.

The e-mails include two series of exchanges involving details of Florida National Guard troop deployments after the Sept. 11, 2001, attacks, the review by The Washington Post found.

Aides to Bush said Saturday that none of the e-mails contained sensitive or classified information, and that many of the events mentioned in them were documented in press accounts, either contemporaneously or later. But security experts say private e-mail systems such as the one used by Bush are more vulnerable to hackers, and that details such as troop movements could be exploited by enemies.

Bush is actively considering a run for president and has sharply criticized likely Democratic front-runner Hillary Rodham Clinton for her use of a private e-mail account when she served as secretary of state. He called it “baffling” that Clinton didn’t consider the potential security risks of discussing diplomatic and national security issues by using an e-mail account not tied to a government server.

The New York Times points out that it took Bush seven years to release he email. I previously pointed out other questions about Bush’s email, along with problems with Scott Walker and email. Of course these abuses by Republican candidates do not excuse Hillary Clinton. My concern is the manner in which she acts like a Republican with a long history of opposition to transparency.

The Obama White House is also concerned about how this will affect Obama’s legacy. They have been lukewarm in any defense of Clinton after she violated the rules established during the Obama administration to increase transparency following the email scandals of the Bush years. While the source is quite questionable, The New York Post takes this further with an unsubstantiated claim that Valerie Jarrett leaked the information regarding Clinton’s email out of concern that Clinton would undo Obama’s legacy. The article claims that she promised Elizabeth Warren and Martin O’Malley “the full support of the White House if they will challenge Hillary for the presidential nomination.” Interesting theory, but I wonder why Joe Biden was left out of this offer and how you offer full support to two different people. Plus we sure have not seen any signs of the White House backing O’Malley over Clinton so far. The article makes additional claims as to what will occur and we can watch to see how many (or few) come about.

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Obama White House & Top Freedom Of Information Official Worried About “The Clinton Way”

Time The Clinton Way

Hillary Clinton’s response to reports that she has violated the Federal Records Act at her recent press conference have been throughly debunked by media fact-checkers. The Canadian Press has also discussed this with Daniel Metcalf. He is described as, “The senior-most freedom-of-information official in the executive branch of the United States government for over a quarter-century, whose job it was to help four administrations — including the Clinton White House — interpret the Freedom of Information Act, offer advice, and testify before Congress on their behalf.”

Daniel Metcalfe doesn’t buy her explanation. In fact, he calls it laughable.

“What she did was contrary to both the letter and the spirit of the law,” says Metcalfe, the founding director of the Justice Department’s Office of Information and Privacy, which advised the rest of the administration on how to comply with the law. Metcalfe ran the office from 1981 to 2007.

“There is no doubt that the scheme she established was a blatant circumvention of the Freedom of Information Act, atop the Federal Records Act.”

Metcalfe says he doesn’t have any partisan axe to grind. He’s a registered Democrat, though steadfastly non-partisan. He says he was embarrassed to work for George W. Bush and his attorney general, and left government for American University, where he now teaches government information law and policy…

Metcalfe examined a transcript of her press conference, provided by The Canadian Press.

And he dissected it Wednesday, point by point, annotating it in 23 places where he called her statements “deceptive,” “grossly misleading” and impossible to verify.

His overall conclusion from her public appearance: “Her suggestion that government employees can unilaterally determine which of their records are personal and which are official, even in the face of a FOIA request, is laughable.”

Time calls this The Clinton Way in an upcoming cover story with a subtitle, “They write their own rules. Will it work this time?” Some excerpts, trying to limit to current news and leave out the past history discussed in the full article:

The Clintons play by their own set of rules. And in this case, the former Secretary of State explained, those rules bless her decision to erase some 30,000 emails from the family server despite knowing that the emails had become a subject of intense interest to congressional investigators. These were merely “private personal emails,” Clinton averred, “emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.” After she finished taking questions, Clinton’s staff disclosed that no one actually read through those 30,000-odd documents before she “chose not to keep” them…

Still, Clinton’s failure to defuse the email issue, along with a growing list of questions about the family’s relentless fundraising and her husband’s choice of companions, has revived hopes among erstwhile rivals in the Democratic Party that the Hillary dreadnought might actually be sinkable. Backbiting inside the Clinton campaign–a hallmark of her failed 2008 presidential effort–has begun to leak into the political press. Republicans who were morose over their presidential chances mere months ago have a spring in their step…

In her press conference, Hillary Clinton described the private email account on the server inside their New York home as a matter of convenience only. “I thought it would be easier to carry just one device for my work and for my personal emails instead of two,” she said. “Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.”

That explanation was not exactly robust. The Q&A had hardly ended before Clinton’s critics unearthed an interview Hillary had given a few weeks earlier with Re/code co-founder Kara Swisher. “I have an iPad, a mini iPad, an iPhone and a BlackBerry,” Clinton said. So much for simplicity. Others remarked on a matter of timing: Clinton did not carry out her business on an existing personal email account. She specifically set up a new private address–hdr22@clintonemail.com–instead of using a government account. This happened on the very day the Senate Foreign Relations Committee held its first hearing on her nomination as Secretary of State.

As for why this might “seem like an issue,” the answer is not complicated. All federal employees have a legal obligation to preserve their work-related email–and the White House advises appointees to accomplish this by using official government addresses. Email sent to and from .gov accounts is generally archived. In this way, a consistent level of security is maintained. The nation’s history is preserved. Open-records laws are honored. And transparency gets a leg up on “Trust me.”

All this once made sense to Clinton. As a candidate for President in 2008, she included “secret White House email accounts” as part of her critique of the Bush Administration’s “stunning record of secrecy and corruption.” Now, however, Clinton is leaning heavily on “Trust me.” For more than a year after she left office in 2013, she did not transfer work-related email from her private account to the State Department. She commissioned a review of the 62,320 messages in her account only after the department–spurred by the congressional investigation–asked her to do so. And this review did not involve opening and reading each email; instead, Clinton’s lawyers created a list of names and keywords related to her work and searched for those. Slightly more than half the total cache–31,830 emails–did not contain any of the search terms, according to Clinton’s staff, so they were deemed to be “private, personal records.”

This strikes experts as a haphazard way of analyzing documents. Jason R. Baron, a former lawyer at the National Archives and Records Administration who is now an attorney in the Washington office of Drinker Biddle & Reath, says, “I would question why lawyers for Secretary Clinton would use keyword searching, a method known to be fraught with limitations, to determine which of the emails with a non-.gov address pertained to government business. Any and all State Department activities–not just communications involving the keywords Benghazi or Libya–would potentially make an email a federal record. Given the high stakes involved, I would have imagined staff could have simply conducted a manual review of every document. Using keywords as a shortcut unfortunately leaves the process open to being second-guessed.”

Politico reports that the White House frets return of ‘Clinton Way’

They thought she’d changed. They thought maybe she’d picked up a little bit from them about how people respond to awkward secret arrangements and contrived ways of not telling the full story.

This has been a surprising two weeks for aides in President Barack Obama’s orbit as they’ve watched Hillary Clinton’s email mess unfold…

With so much on the line, with so much time to prepare, she’s back to classic Clinton? She’s flubbing a campaign kickoff eight years in the making because she somehow thought that no one would ever care that she set up a secret email server? That anyone would then accept her word that it was OK that she deleted 30,000 emails even though the State Department had been asking for some of them? And then go silent again?

After all, 2008’s “Change you can believe in” campaign slogan wasn’t just a reference to George W. Bush. It was also about her, and the uneasy feeling many people had that with Clinton, something else was always going on.

Obama aides had had that feeling themselves, even after she joined the administration and their staffs tried following Obama’s and Clinton’s leads in building mutual trust, almost to the point of suspension of disbelief.

“You never feel like you’re quite getting the full story, because everyone’s got some side deal or some complicating factor,” said one former Obama aide, reflecting on dealing with Clinton and her circle. “I don’t think there was a conscious effort to watch out for scams. It was more just, you know who you’re dealing with.”

Obama put the priority on keeping clear records when he issued guidelines about using official email accounts, one White House aide noted after Clinton’s news conference, while obviously the former secretary of state determined her priority was something else…

A lot of this has to do with what Obama aides refer to as a culture clash. The Clintons look for loopholes, they say, while Obama takes a special pride, particularly on transparency issues, in sticking to the letter of the law: a combination of cockiness that he’s right, so why not let everyone see how he got there, as well as a background awareness that any scandal would be a scandal for the first African-American president.

“The president has been willing to say and implement provocative policies to shake up Washington,” said one current White House aide. “Willingness to send those signals is a good way to make clear to people that this is the way we’re going to do business: differently.”

…What’s confusing to them is how she didn’t acknowledge that herself, or care. They don’t like to admit it around the West Wing, but as a former first lady and Obama’s main opponent in 2008, Clinton did get more latitude than other Cabinet secretaries in all sorts of decisions, from staffing on down. They’re just hoping that this email server — “the president 100 percent would not have done it this way,” the former aide said, “this is such a clearly nontransparent way of going about it” — is the extent of the latitude she took that they didn’t know about.

Then again, the White House didn’t know she deleted 30,000 emails until they watched her announce it at her news conference on Tuesday. And aides acknowledge that they don’t know how much more they don’t know.

It is a legitimate fear that “the extent of the latitude she took” when Secretary of State exceeds what we know about. My bigger fear is the latitude she would take as president.

Frank Rich compared this to an episode of Veep in which the vice-president announced plans to release her correspondence, and points out that Clinton’s explanation “didn’t pass the smell test.”

That it took Clinton as long as it did to respond to the rising chorus of these questions, and that she did so as defensively and unconvincingly as she did, is yet more evidence that she’s not ready for the brutality of a presidential campaign. This hastily called, abruptly truncated press conference was reminiscent of the mistakes she made last year in her ill-fated book tour. She didn’t schedule yesterday’s appearance until after the most senior of Democratic senators, Dianne Feinstein, essentially demanded that she speak up.

Some of what Clinton said didn’t pass the smell test. It reminded me of an episode in the first season of Veep where the vice-president announces she will release all her internal office correspondence to quell a controversy and then instructs her staff to make sure it’s “Modified Full Disclosure Lite.” That’s what we got here. Why, for instance, would Clinton say that she “didn’t see any reason to keep” her personal emails? Those are precisely the emails that every American keeps.

If she doesn’t become more forthright and less defensive when she’s under fire, this is going to be a very long campaign for her. Though we keep being told that she and those around her are determined not to repeat the mistakes of 2008, so far there’s no evidence of that. And the much tougher questions — starting with those about the donors to the Bill, Hillary and Chelsea Clinton Foundation — are yet to come.

While a growing number of Democrats are starting to worry about her ability to run a presidential campaign, she maintains the front runner due to lack of serious opposition. For example, Dana Milbank writes that Hillary Clinton has little to fear from Martin O’Malley. I don’t think that the speculation on Al Gore entering the race, which I discussed yesterday, is very likely.

I agree with Jonathan Bernstein, who debunks the claim that the Democrats have no bench. The problem is that so far Hillary Clinton has taken all of the air out of the Democratic nomination battle. If we had an open and competitive primary, more people might run, and some would ultimately look like viable presidential candidates. We would be in a situation comparable to 1992 when several candidates ran until one (in that case Bill Clinton) emerged. A candidate who is victorious in such a primary battle will be taken seriously as a presidential candidate. Democrats do not need to settle for a candidate as flawed by Hillary Clinton due to thinking she is the only choice. Nominating someone lacking so lacking in judgment and ethical character as Hillary Clinton will greatly increase the risk of a Republican being elected president in 2016.

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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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Hillary Clinton Stonewalls On Email Scandal

Clinton News Conference

Hillary Clinton held a press conference to discuss the email controversy but wound up stonewalling and creating even more questions. The news conference was basically an expanded version of her tweet, just as misleading and reveling little actual information. Considering the Nixonian feel to this scandal, I was waiting for someone to ask if, besides whether Hillary will be keeping her private server, whether Chelsea will keep Checkers.

Clinton began with a statement with four points (full transcript here), which included misleading statements, following by further misleading statements in answers to questions. First:

First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.

Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.

There are so many problems with this response, besides the obvious of violating the rules based upon convenience. Phones were able to handle multiple email accounts, so there might not have been a need to carry more than one device. If her preferred device could not handle more than one, what is the big deal about carrying more than one? Before smart phones got to their current state, I generally carried two, and sometimes three, devices to handle my professional and personal communication. Today she said she didn’t want to carry two phones but in recent interviews she has stated she uses two phones, and has also discussed the large purse she carries–large enough for all the phones and electronic devices she needs.

Her comments on convenience also suggest that Clinton might have wanted to continue to use the email system she was accustomed to, rather than changing to a government system as Obama did when he took office. However, hacked email has demonstrated that the domain she used was not set up until January 13, 2009–one week before she took office and the day her Senate confirmation hearings began. How was it more convenient to set up her own domain as opposed to using a government email address?

Her second point is technically true but misses the point:

Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.

What about the minority which weren’t sent to the State Department? We know for a fact that Clinton discussed government matters with people who weren’t even in government at the time as a result of Sydney Blumenthal’s email being hacked. It will be interesting to see if this email is included in the email she ultimately sent to the State Department.

Her third point:

Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.

No one wants their personal emails made public, and I think most people understand that and respect that privacy.

She did not release the email until well after she left office in response to demands. She failed to release all the email and refuses to have an independent source judge which is personal and which should be preserved on government servers. In the meantime, she has used her private servers to fail to respond to Freedom of Information Act requests and requests from Congress for her email.

Her elaboration on personal email while answering questions raised another red flag. She spoke of email with her husband. It sounds reasonable that she might not want personal email with her husband released–until you read that Bill Clinton has only sent two emails in his entire life, and none since leaving office.

Her fourth point:

Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.

A minor point compared to many of her other comments, but while she talks about the public seeing her email, it will be quite some time before her email goes through the screening process and is really available to the public. Again, only the email she selected to release will be reviewed for eventual release to the public.

Since this scandal began, Clinton supporters have been engaged in a campaign of denial, distortion, and attacking their critics as described by David Corn. One way they have misled, repeated by Clinton with her claims that she did not violate the rules, has been to discuss rules made after she left office and pretend that changes in the rules in response to abuses during the Bush years never occurred. Of course Clinton was well aware of such ethical breaches when she accused the Bush administration of shredding the Constitution with acts such as using private email for government business. Politico debunked the claims that Clinton did not violate the rules last week:

Unfortunately for these pro-Hillary groups, the regulations that are relevant to Schmidt’s report – the National Archives and Records Administration (NARA) requirements – have been in place since at least 2009, when Clinton became secretary of state.

According to Section 1236.22 of the 2009 NARA requirements, which Schmidt provided in an email, “Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.”

In short, the State Department was required to ensure that Secretary Clinton’s emails, including those on personal accounts, were preserved in an agency record-keeping system. The failure to ensure such preservation would therefore likely be in violation of the federal requirements, though it’s not clear whether all of her personal emails – or just those related to official business – would be required.

Schmidt believes that all of Clinton’s emails would be required, and pointed to a 2008 definition from NARA that defines federal records as “documentary materials that agencies create and receive while conducting business that provide evidence of the agency’s organization, functions, policies, decisions, procedures, and operations, or because they contain information of value.”

In addition to the regulations from 2009, President Obama issued a memorandum in 2011, also when Clinton was still in office, strengthening these ethical requirements. AP added, in fact-checking the news conference today, that Clinton ignored “very specific guidance” from the White House:

CLINTON: “I fully complied with every rule I was governed by.”

THE FACTS: At the very least, Clinton appears to have violated what the White House has called “very specific guidance” that officials should use government email to conduct business.

Clinton provided no details about whether she had initially consulted with the department or other government officials before using the private email system. She did not answer several questions about whether she sought any clearances before she began relying exclusively on private emails for government business.

Federal officials are allowed to communicate on private email and are generally allowed to conduct government business in those exchanges, but that ability is constrained, both by federal regulations and by their supervisors.

Federal law during Clinton’s tenure called for the archiving of such private email records when used for government work, but did not set out clear rules or punishments for violations until rules were tightened in November. In 2011, when Clinton was secretary, a cable from her office sent to all employees advised them to avoid conducting any official business on their private email accounts because of targeting by unspecified “online adversaries.”

Even if Clinton’s defenders were right that she did not violate any rules, her conduct was clearly both unethical and foolish, contributing to the reputation of the Clintons for opposing transparency and believing that different rules apply to them than to others.

AP also debunked other statements from Clinton. She said, “I did not email any classified material to anyone on my email. There is no classified material.” AP pointed out how this might be technically true but is misleading:

The assertion fits with the facts as known but skirts the issue of exchanging information in a private account that, while falling below the level of classified, is still sensitive.

The State Department and other national security agencies have specified rules for the handling of such sensitive material, which could affect national security, diplomatic and privacy concerns, and may include material such as personnel, medical and law enforcement data. In reviewing the 30,000 emails she turned over to the State Department, officials are looking for any security lapses concerning sensitive but unclassified material that may have been disclosed.

Plus we can never be certain of the facts when Clinton decided which email would be sent to the State Department and which would remain on her private server or be destroyed. She was somewhat contradictory on this point, but it appears that she did destroy tens of thousands of email.

AP also questioned the security measures used by Clinton:

CLINTON: “It had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.”

THE FACTS: While Clinton’s server was physically guarded by the Secret Service, she provided no evidence it hadn’t been compromised by hackers or foreign adversaries. She also didn’t detail who administered the email system, if it received appropriate software security updates, or if it was monitored routinely for unauthorized access.

Clinton also didn’t answer whether the homebrew computer system on her property had the same level of safeguards provided at professional data facilities, such as regulated temperatures, offsite backups, generators in case of power outages and fire-suppression systems. It was unclear what, if any, encryption software Clinton’s server may have used to communicate with U.S. government email accounts.

Recent high-profile breaches, including at Sony Pictures Entertainment, have raised scrutiny on how well corporations and private individuals protect their computer networks from attack.

Vox has more on the security questions, along with a good summary of the controversy prior to the press conference.

This is unlikely to be the deciding issue in the election, especially considering that so many Republicans also have issues with private email. The significance is more in how Hillary Clinton responded to the first major controversy of her soon-to-be announced campaign.

I’m sure her supporters bought every word, but others will question her claims that she used a personal server for convenience as opposed to avoiding scrutiny. It is especially difficult to believe Clinton considering she has already used her private servers to avoid Freedom of Information Act requests. She is asking Americans to trust her while preventing any  verification in destroying email, and refusing any independent review of the email she did not turn over to the State Department.

If Clinton handled this crisis so poorly, will she self-destruct during a presidential campaign? At this point I don’t believe that any other candidate can stop Hillary Clinton, but Hillary Milhouse Clinton sure might stop herself.  At least she self-destructed during the primaries in 2008, leading to the nomination and election of Barack Obama. As she is likely to win the Democratic nomination in 2016 with only token opposition, this time many Democrats fear (and Republicans hope) her self-destruction will lead to a Republican victory in 2016.

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

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Clinton Email Scandal Remains In The News But Top GOP Candidates Are Having Similar Problems

As recently as last week the conventional wisdom was that Hillary Clinton’s election was as inevitable as anything could possibly be in American politics. While she remains the frontrunner, the only ones now calling her nomination and election inevitable are partisan Democrats and Clintonistas who are burying their heads in the sand as to how severe her transgressions really are. It is not a good sign for Clinton when the email scandal still dominates the headlines of the mainstream media, putting aside the exaggerated hysteria from the right, and when she is being mocked on Saturday Night Live.

The main reason the scandal has traction is that it confirms what so many have already believed about the shadiness and lack of commitment to transparency in government on the part of Hillary Clinton. It doesn’t help that she has remained quiet except for a deceptive tweet, further contributing to her reputation for mendacity. She has finally announced a press conference and we will see if she has any better answers.

While Republicans are trying to tie this to their Benghazi nonsense, others are bringing up the more likely type of information which Clinton might be trying to hide. Ron Fournier questions the relationship between secretive email and possibly illicit campaign contributions:

“Follow the money.” That apocryphal phrase, attributed to Watergate whistle-blower “Deep Throat,” explains why the biggest threat to Hillary Rodham Clinton’s presidential dreams is not her emails. It’s her family foundation. That’s where the money is: corporate money, foreign money, gobs of money sloshing around a vanity charity that could be renamed “Clinton Conflicts of Interest Foundation.”

Clinton’s foreign contributions also are leading to The New York Times questioning her record as an advocate for women. This is criticism from what would have been expected to be a friendly newspaper on an issue which is the last we would have expected Clinton to have trouble on.

Republican criticism has been far more hypocritical. Email problems for Jeb Bush came out a few days ago. The other current Republican front runner, Scott Walker, is attacking Clinton, but Bloomberg News reports that he has used a private server of his own, concluding:

As Walker emphasizes to McCormack, prosecutors never charged him with any wrongdoing, though two of his aides were convicted of doing political work while on the county payroll. And Walker obviously wasn’t privy to sensitive classified information, as Clinton was. Still, the similarities are pretty uncanny, and Walker’s willingness to attack Clinton anyway is a good illustration of his aggressive political style.

While Democrats might need to go on to Plan B, there are no clear candidates to replace Clinton. Joe Biden’s name comes up occasionally, with National Journal reporting no signs that he is running. On the other hand, a report at The Atlantic points out that Biden is the only  “prominent Democratic contender who has traveled to all three early presidential primary states so far in 2015.” There is hardly a movement hoping to see Biden run, but his name recognition might make him the Democrat in the best situation to develop a campaign infrastructure quickly should Clinton continue to self-destruct.

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SciFi Weekend: Orphan Black; DC vs. Marvel Movies; SHIELD; Why You Should Watch The Americans; Big Bang Theory On Leonard Nimoy; The Last Man On Earth; The Unbreakable Kimmy Schmidt; House of Cards and Hillary Clinton

The Orphan Black Season 3 trailer is above. Following is the official season synopsis for the third season, which starts April 18:

No sooner has Sarah caught her breath after a stealthy escape from DYAD and the ruthless clone Rachel (Maslany), she is called upon to face the crazed, captive Castor clone, Rudy (Millen). But it is the discovery of Helena’s disappearance that spurs Sarah into action, rallying her sisters in the quest to reunite their clone family, and find peace once and for all.

Their greatest threat is a band of highly trained soldiers – identical brothers dubbed Project Castor. Unlike the sisterhood, Mark, Rudy, Seth, Miller and others (Millen) grew up together, fully aware of who and what they are. Developed by the military, this wolf pack was raised as regimented clones – singular in thought, movement and allegiance. Hell-bent on kicking up dirt, they’re dispatched to tackle their mission from all sides. But differences in approach betray cracks in their armor, and may be the very thing the sisters need to escape their clutches.

The sisters will need all the help they can get. With Cosima’s fluctuating health and no known cure for the mystery illness that ails her, she is holding onto life by a thread while nursing a broken heart left by her scientist lover Delphine (Evelyne Brochu).  Can she find a cure in time to save herself and her sisters? As the turbulent world of Alison turns, she faces fresh suburban woes and new marital challenges with lovable oaf of a husband Donnie (Kristian Bruun). How far will Alison go to keep up the façade of her cookie cutter life?  Sarah’s torn between her desire for a life with daughter Kira (Skyler Wexler) and Kira’s father Cal (Michiel Huisman) and the urge to protect her foster family – loyal and feisty brother Felix (Jordan Gavaris) and mother Mrs. S (Maria Doyle Kennedy). But Mrs. S’s betrayal may cause her to turn her back on the only mother she’s known.

The hits keep coming for the girls but their commitment to this new family is as important as ever. No clone can do it alone, and Sarah must align with unlikely bedfellows in order to take on what is yet to come… and hopefully, discover the truth – her truth – along the way. How far are they willing to go to save each other and protect their families?

More on the upcoming season at The Mary Sue

Superman Warner CEO Interview

There are a lot of superhero movies planned making some wonder if viewers will have sufficient interest.  Warner CEO Kevin Tsujihara says that the DC movies will be edgier and more steeped in realism compared to Marvel’s movies:

“The key thing is that the movies and the television shows and the games, everything looks very different …you have to be able to take advantage of the diversity of these characters,” said Tsujihara.

Not everyone seems to agree. The comic book movie pile-up was the subject of numerous jokes at this year’s Oscar ceremony, and the eventual best picture winner, “Birdman,” is a satire of the craze for superhero films.

However, Warner Bros. is making a big bet that the comic book phenomenon won’t fizzle out just as the craze for disaster movies, biblical epics and other once-hot genres cooled off. The studio is using sister company DC Comics’ stable of masked vigilantes and villains to make roughly two superhero movies a year beginning in 2016 with the release of “Batman v Superman: Dawn of Justice” and “Suicide Squad.” Other films include bigscreen adaptations of “The Flash,” “Aquaman” and “Shazam.”

The idea is to create a connected cinematic universe in which characters from one film interact with those from another, partnering, warring and creating super-teams such as the Justice League, DC’s answer to Marvel’s “The Avengers.” It’s a strategy that owes a lot to Marvel, but Warner Bros. chief Tsujihara stressed that characters like Batman and Deadshot are very different from that company’s signature Iron Man, Spider-Man and Captain America brands.

“The worlds of DC are very different,” he said. “They’re steeped in realism, and they’re a little bit edgier than Marvel’s movies.”

The major DC comics programs were on hiatus last week and Marvel’s Agents of SHIELD returned. While Agent Carter was well-received, and people thought it was a good idea to use it to fill a hiatus in SHIELD if there is a hiatus, there have also been a lot of complaints that the hiatus destroyed the momentum of the show. It was also a bit confusing for those who were forgetting the events of two months ago, and haven’t been reading up on the significance of adding the Inhumans. Bleeding Cool has a good summary of six key events from the return of SHIELD, which might be especially helpful if anyone is a bit lost.

Saturday Night Live has coverage in the video above of the Avengers beating Ultron.

Chris Evans spoke with Collider about Captain America in Avengers: Age of Ultron. ComicBookMovie.com has more on the movie from Joss Whedon.

The Americans 69 Scene

The Americans continues to have excellent episodes week after week. Many critics agree that it is the best scripted drama which continues with the same cast from season to season, but very few people are actually watching. Many reviewers have pointed out that more should watch. Uproxx presents a good argument for watching which might get more attention than favorable critical reviews abut its smart story telling:

It’s a show about sexy spies doing sexy things, with wigs and intrigue and great music and a teenage daughter who isn’t Dana Brody and violence and 69’ing. Maybe that’s the problem. The Americans is too vague a title. For the rest of Season 3, and hopefully into Season 4, FX should start promoting the series as The Show Where Keri Russell and Matthew Rhys 69.

There really was such a scene–see picture above. Plus their daughter walked in on it. Maybe that is what drove her to going to church. Paige is still a much better television daughter than Dana Brody.

I have mocked NBC for trying to copy The Americans with Allegiance. It has been canceled after only five episodes.

Big Bang Theory Nimoy Tribute

The Big Bang Theory ended with a tribute to Leonard Nimoy last week. I couldn’t read the text as my DVR popped up the window asking if I wanted to save or delete at the end of the show. In case anyone missed it, I have obtained and posted a screen grab above.

NBC has announced that Hannibal will return on June 4. Zachary Quinto will be guest staring on an episode. I hope someone Slaps him.

There was a reason for all those rumors that Jenna Coleman was going to leave Doctor Who after last season, along with all those hints in various episodes. Steven Moffat has confirmed that Coleman did plan to leave after last season but was persuaded to stay.

kimmy23f-6-web

It feels like the number of quality sit-coms had dropped tremendously by last season. Then last summer we got You’re The Worst, one of the best ever. Three new sit-coms worth watching have premiered recently. I discussed The Last Man on Earth in a separate post here. Also worthwhile are Fresh Off The Boat on ABC and Netflix released the first season of Unbreakable Kimmy Schmidt on Friday. The last was developed by Tina Fey, originally to air on NBC. It would have fit well on Thursday night on NBC with shows such as Community, 30 Rock, and Parks and Recreation. Now that all of the shows of this type are gone from NBC’s lineup, it is far more likely to survive on Netflix. Netflix also plans a second season, which will be produced without concern for the standards of network television. Tina Fey has claimed it primarily consist of shower sex.

Some have criticized The Last Man on Earth for being totally unrealistic, but the same can be said about many events in other shows such as House of Cards (as I’ll discuss in the future). If all the unrealistic aspects of Last Man On Earth bother you, pretend it is just a bizarre dream. Who knows, maybe that will be the explanation in the end. Regardless, it is funny enough to get away with an unrealistic view of how things would be after most people die of a plague.

As people are watching at different rates, I’ll wait a little longer to discuss Unbreakable Kimmy Schmidt along with the third season of House of Cards. While avoiding any spoilers, I will mention that watching House of Cards did have me wondering who would make the worse Democratic president–Frank Underwood or Hillary Clinton. Saturday Night Live also tied Hillary Clinton to House of Cards in this skit, following her Nixonian email problems.

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Jeb Bush Not As Transparent As He Claims

The revelations this week regarding Hillary Clinton’s use of private email (discussed here, here, and here) added to questions about her secrecy, opposition to transparency in government, and her character. Her actions also look remarkably foolish for a major candidate, especially considering how she had previously criticized Republicans in the Bush administration for the same actions. Her actions, and her poor response to the situation, have also reinforced concerns among some Democrats that Clinton is not a very good campaigner.

Initially it appeared that Jeb Bush had out-maneuvered her by recently releasing email from when he was Governor of Florida. Now CNN is reporting that Bush is exaggerating the transparency of his administration:

Bush has released hundreds of thousands of emails from the personal account he used during his eight years as governor in the name of transparency — and after public records requests for those emails. A Bush aide told NBC News that a number of his staffers and his general counsel’s office decided which emails to release.

But a CNN review of those emails turned up evidence a number of his official aides and family members also had email addresses housed at Jeb.org — and used them to conduct both official and political business — raising questions about how transparent that email dump ultimately was.

Of course Bush isn’t the only potential Republican candidate with email problems. Chris Christie’s administration had similar problems. Perhaps that is why Hillary Clinton thinks she can get away with primarily keeping quite about the whole thing.

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