Clinton’s Information Lockdown The private email server was only semiprivate: Putin likely has everything. By L. Gordon Crovitz
http://www.wsj.com/articles/clintons-information-lockdown-1468184034
Lyndon Johnson did his best to block the Freedom of Information Act, but public opinion forced him to make government records available. The question now is how FOIA, which LBJ signed 50 years ago this month, survives the precedent Hillary Clinton set with her basement server intended to keep her emails hidden from public view.
Bill Moyers, LBJ’s press secretary at the time, recalled in a 2003 broadcast how FOIA nearly didn’t become law: The president “hated the very idea of a Freedom of Information Act, hated the idea of journalists rummaging in government closets, hated them challenging the official view of reality.”
LBJ relented and signed what he called “the damned thing” on July 4, 1966, but insisted on no fanfare. In the decades that followed, FOIA became an essential tool for government accountability.
No public official since LBJ has gone as far as Hillary Clinton to evade public-disclosure laws. In 2010 her adviser Huma Abedin recommended that she use a government email account, as the State Department required. “I don’t want any risk of the personal being accessible,” Mrs. Clinton responded in an email that has since come to light. She used a private email server for all her communications because this kept both official and personal communications off government servers, where they would have been subject to disclosure under FOIA.
FBI Director James Comey concluded that Mrs. Clinton’s mishandling of classified information in her emails didn’t meet the legal test for a crime because he couldn’t prove that she intended to disclose national secrets. But Mr. Comey testified to Congress last week that the FBI determined that Mrs. Clinton did violate the Federal Records Act, which makes his legal analysis of her intent incomplete. Her most relevant intention was to defy disclosure laws. Her actions had the incidental effect of mishandling confidential communications.
Mrs. Clinton stonewalled FOIA requests for years with her keep-no-records, produce-no-records strategy. In a deposition last month in a civil lawsuit challenging her personal email server, the State Department said its staffers in charge of records didn’t realize until 2014 that its former boss had used private email.
Appropriately enough, Mrs. Clinton’s explanation that she used a private email server to keep her records secret only became public in a lawsuit challenging the State Department’s insistence that it couldn’t respond to FOIA requests because it couldn’t locate her emails on its .gov server.
The State Department’s inspector general in May ruled that Mrs. Clinton broke record-keeping laws such as those requiring compliance with FOIA requests, never got permission for her home server and ignored numerous security warnings. CONTINUE AT SITE
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