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Originally Posted by donquixote99
Thanks.
The first turns on criminal intent, that is, did whoever was responsible know the material in question was classified at the time, or later.
The rest turns on whether records were indeed destroyed with criminal intent. There may be copies, so nothing destroyed; there may be questions as to who was/is entitled to receive what records when. The thing is not open and shut without a lot more details. I defer to the jury if there ever is one.
But failures of crossing some line trying for privacy and some possible lack of due diligence in record handling still don't strike me as high crimes.
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There are no expectations of privacy on government email systems, particularly ones handling classified material. She would have been fine if she had done all her State business on the State email system and maintained a private one for the foundation and yet another for Amazon purchases. But mixing all such records was a conscious and deliberate action (and one she explicitly instructed other lower-level State employees not to do).
Due diligence implies that she wanted to do the right thing, but slipped up. Her actions were deliberate, from keeping the insecure server to erasing files. If you tolerate being fed a line of shit just because someone has a "D" behind their name, more power to you.