I think @EricLichtblau's piece is prolly right on. This MIGHT have been criminal b4 standards changed w/Petraeus. @flyryan
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Replying to @emptywheel @flyryan
I don't think so. I can't see any set of facts that solidly show criminal wrongdoing enough to hang a prosecution on
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She had a private, secret server set up that she used for classified SoS business. Should be enough.
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If FBI thought they could prove even that, they'd recommend criminal charges.
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Replying to @pwnallthethings
FRA has no teeth or this would have been easy.
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Even there I think they'd struggle to have proved the purpose of the server was to bypass FRA. But yes.
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Replying to @pwnallthethings
They were surprisingly explicit in some emails that was the purpose.
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Replying to @emptywheel
For a serious defense attorney, "Stop the personal being accessible" is easy for construe as being not at all about FRA tho.
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Replying to @emptywheel
There was also a State IT guy who said state-email was "subject to FOIA". But this wld still easy-mode for her defense attorneys
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As I said, the one big winner on the day is David Kendall.
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Replying to @emptywheel
Yep. Everything about it smells awful, but it's too slippery to pin a criminal case on, as Kendall and Comey know full well
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