Hillary email server admin to plead 5th

Gateway PunditThe Washington Post reported Wednesday night that a former Hillary Clinton State Department staffer who reportedly set up her home brew server will invoke his Fifth Amendment rights and refuse to testify to Congressional committees investigating Clinton’s home email system.

That's a very interesting stance for him to take. The thing is, normally setting up an email server wouldn't be at all criminal. In the narrative as we understand it, the criminal liability would attach to actually transferring the classified materials to the insecure location (ie, sending an email to an address on Hillary's server) or receiving such an email knowing the contents were classified.

Unless Hillary was emailing her server admin with classified information (unlikely, though as the admin he could probably access the emails on the server, something that strikes me as a likely grey area in the law of classified material), he wouldn't have liability just for setting it up.

He might be concerned about setting it up knowing Hillary intended to receive classified information on it. He might be concerned about wiping the server to delete evidence of wrongdoing or evade FOIA. He might also be concerned about conspiracy charges.

And he's probably looking to what happened to Lerner as an example of the treatment he will get. Since Hillary is on the outside now, I doubt he will get anything like that. However, given the potential exposure he has, I would expect a deal to get negotiated where he tells the FBI everything he knows, admits wiping the server, gets immunity for it, and what he tells the FBI doesn't help them much since he can't unwipe the server if he did it halfway competently.

Other than the massive implied corruption and embarrassment of a 5th amendment plea, I don't think we're going to advance the case against Hillary much here.

This entry was published Thu Sep 03 01:00:09 CDT 2015 by TriggerFinger and last updated 2015-09-03 01:00:09.0. [Tweet]

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