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  • John Boehner To Hillary Clinton: Turn Over Your Server

    At a press conference Tuesday, House Speaker John Boehner (R-OH) grew a gonad and challenged former Secretary of State Hillary Clinton to turn over her e-mail server to a neutral third party investigator.

    “The American people deserve all the facts about what happened in Benghazi,” Boehner said. “That’s why it’s so important for Secretary Clinton to turn over her personal server to a neutral third party.”

    Yesterday Surge reported that the House of Representatives is preparing its own investigation into how Hillary Clinton handled her email communication while working as Obama’s secretary of state.

    Dan Metcalf is the founding director of the Justice Department’s Office of Information and Privacy. During his 25-plus year tenure at the Justice Department, Mecalf  served as the federal government’s chief information-disclosure “guru.”

    Metcalf says Hillary’s secret email defense is “laughable.”

    Writing at POLITICO, Metcalf highlights why Hillary may have gone so far as to have a private server installed in her New York home as a means to hide her communications while she served as Obama’s secretary of state:

    The official availability of official email communications is not just a matter of concern for purposes of the Federal Records Act only. It also makes an enormous (and highly foreseeable) difference to the proper implementation of the Freedom of Information Act (known as the “FOIA” to its friends, a group that evidently does not include Secretary Clinton). That is because the starting point for handling a FOIA request is the search that an agency must conduct for all records responsive to that request’s particular specifications. So any FOIA request that requires an agency first to locate responsive email messages sent to or from that agency’s head, for instance, is necessarily dependent on those records being locatable in the first place. And an agency simply cannot do that properly for any emails (let alone all such emails) that have been created, and are maintained, entirely beyond the agency’s reach. Or, as it sometimes is said somewhat cynically in the FOIA community, “You can’t disclose what you can’t find.”

    In this case, which is truly unprecedented, no matter what Secretary Clinton would have one believe, she managed successfully to insulate her official emails, categorically, from the FOIA, both during her tenure at State and long after her departure from it—perhaps forever. “Nice work if you can get it,” one might say, especially if your experience during your husband’s presidency gives you good reason (nay, even highly compelling motivation) to relegate unto yourself such control if at all possible.

    Below is a recent interview where Metcalf further reiterates the idea that Hillary Clinton set up a private server in order to avoid future FOIA requests:


    Jerome Hudson

    Managing Editor

    Jerome Hudson has written for numerous national outlets, including The Hill, National Review, and The Atlanta Journal-Constitution and was recognized as one of Florida’s emerging stars, having been included in the list “25 Under 30: Florida’s Rising Young Political Class.” Hudson is a Savannah, Ga. native who currently resides in Florida.

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