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the short answer is yes, they are both in trouble. The sender has a plausible defense they they didn't know it was a unsecured server as there is the case to be

by dkhenry 10y ago

the short answer is yes, they are both in trouble. The sender has a plausible defense they they didn't know it was a unsecured server as there is the case to be made that the secretary of state should be trustworthy to be operating in a safe fashion, additionally if upon receipt Clinton had raised the alarm and turned over all the hardware she wouldn't have been held accountable for having the information sent to her, but she didn't and then she kept it a secret and then she was hacked and then she lied about it, and then the emails leaked and then she was not prosecuted because she didn't mean to break the law she just wanted a blackberry and didn't like being told no, and then the American people are like WTF man if I did this I would be sent to jail ( in fact two defendants made this exact case in their defense in similar trials ), but no one cares are there are armies of people who just want to see their team win an election so they will defend pretty much anything that was done. America

openasocket 10y ago
Thanks for the reply. Another question: how does this differ from what past secretaries of state have done? I remember reading Colin Powell used an email address provided by his ISP. Not saying that makes it OK, but why shouldn't Powell be charged for the same reason?
- dkhenry 10y ago
  He did and the same would apply to him. He should be even more culpable as he had a background in the defense department, so he had many many years of handling classified information on a daily basis. There should have been an official inquery into his activity as soon as it came to light that he had a private email server. The only saving grace for him is that the ability to send classified email on something that wasn't physically isolated and under 24 hour armed guard is a recent capability. Previously I can tell you transmitting classified information digitally required a CD burner ( no USB or CD-RW ) and a trusted courier.

by dkhenry 10y ago

openasocket 10y ago

Thanks for the reply. Another question: how does this differ from what past secretaries of state have done? I remember reading Colin Powell used an email address provided by his ISP. Not saying that makes it OK, but why shouldn't Powell be charged for the same reason?

dkhenry 10y ago
He did and the same would apply to him. He should be even more culpable as he had a background in the defense department, so he had many many years of handling classified information on a daily basis. There should have been an official inquery into his activity as soon as it came to light that he had a private email server. The only saving grace for him is that the ability to send classified email on something that wasn't physically isolated and under 24 hour armed guard is a recent capability. Previously I can tell you transmitting classified information digitally required a CD burner ( no USB or CD-RW ) and a trusted courier.