TriggerFinger


FBI recovered Hillary's emails


Legal InsurrectionTwo government sources revealed last night that the FBI has managed to recover personal and work-related emails from Hillary Clinton’s private server. The sources say that the emails were “not hard” to recover, but did not elaborate as to whether this latest discovery included all 60,000 emails stored on the server.

This doesn't surprise me, really. I reported on the possibility months ago when I read the exact words of the letter Hillary sent the Benghazi committee stating she had deleted her emails. She, or rather her lawyers, said at the time that Hillary had configured either her email account or her server with a 60-day retention period for emails. Anything older than 60 days would be deleted automatically.

This policy was walking a tightrope between many thorny legal issues. First, it gives Hillary something to say to refute allegations of deliberately deleting embarrassing emails; she can say that she deleted them all via an automated process (see my article on the dark side of data retention policies) rather than a willful act that could be construed as a guilty conscience or an attempt to cover up some specific email.

It also covers her ass going forward -- anything older than 60 days is no longer in her possession, automatically.

But, if she wants to preserve the claim of not having anything to hide, it makes it very hard to explain why someone would subsequently wipe her server with serious information-security tools.

So Hillary's play here is to say she's deleted the emails, let everyone assume they have been wiped and there isn't any reason to go looking for them very hard, and hope no one actually goes looking. Obviously the FBI decided to call her bluff and go looking, something that undoubtedly is closely related to Obama wanting to push her out of the Democrat presidential primary.

All that said, we still don't really know the truth. For all we know, Hillary could have orchestrated a server swap that would result in the server having three sets of data: the current set of emails, the current emails plus those deleted by her expiration policy minus anything truly incriminating, and a (wiped) set of emails that once contained the really incriminating stuff.

I think it's unlikely Hillary is actually trying something like that, though. It's too hard to do that in a way that would stand up to a thorough investigation. Odds are she simply didn't do a thorough wipe for fear of looking guilty. If there's anything actually incriminating in those emails -- such as classified material -- that could result in Hillary actually being guilty.

This entry was published Wed Oct 21 09:28:19 CDT 2015 by TriggerFinger and last updated 2015-10-21 09:28:19.0. [Tweet]

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