Subject: ICYMI: DOJ Says Secretary Clinton Had Authority to Delete Personal Emails
From: Adrienne Elrod <[email-masked]>
To: Adrienne Elrod <[email-masked]>
Date: Sat, 12 Sep 2015 14:10:47 -0400
List-Id: <toptalkers.hillaryclinton.com>

*All:*

*This week, the Justice Department argued in a court filing that Secretary
Clinton had the right to separate out personal emails and delete
them--whether or not she used a personal email server or a government
email.*

*Flagging for you several stories that address this. *

*Hope these are helpful - Thanks!*

*-AE*

*New York Times:* Michael Shear: Justice Dept. Says Hillary Clinton Had
Authority to Delete Certain Emails
<http://www.nytimes.com/2015/09/12/us/justice-dept-says-hillary-clinton-had-authority-to-delete-certain-emails.html?hpw&rref=politics&action=click&pgtype=Homepage&module=well-region&region=bottom-well&WT.nav=bottom-well>:
The Justice Department said in a court filing this week that Hillary Rodham
Clinton had the authority to delete emails that she did not believe were
government records from the personal account that she exclusively used
while secretary of state. The statement was made in connection with a
lawsuit brought by the conservative group Judicial Watch. The group is
seeking to force the government to search the server that housed Mrs.
Clinton’s account for messages related to a video ad the State Department
aired in Pakistan. Judicial Watch contends the ad was an apology for the
Internet video that the administration initially blamed for inciting the
2012 attacks on the American diplomatic compound in Benghazi, Libya.

*Associated Press:* Eric Tucker: JUSTICE DEPT. AFFIRMS CLINTON COULD DELETE
PERSONAL EMAILS
<http://hosted.ap.org/dynamic/stories/U/US_CLINTON_EMAILS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-09-11-20-50-24>:
Former Secretary of State Hillary Rodham Clinton had the right to delete
personal emails from her private server, the Justice Department told a
federal court. Lawyers for the government made the assertion in a filing
this week with the U.S. District Court in Washington, part of a public
records lawsuit filed by Judicial Watch, a conservative watchdog group that
seeks access to Clinton's emails. Clinton, the former secretary of state
and front-runner for the 2016 Democratic presidential nomination, has been
dogged by questions about her use of a private email account for government
business. She has said that she sent and received about 60,000 emails
during her four years in the Obama administration, about half of which were
personal and deleted. The others were turned over to the State Department.

*Huffington Post:* Ryan Reilly: Hillary Clinton Was Totally Free To Delete
Personal Emails, DOJ Claims
<http://www.huffingtonpost.com/entry/hillary-clinton-emails-delete_55f349c5e4b063ecbfa47b17>
: *Nothing to see here, says the government*. Former Secretary of State
Hillary Clinton would have had the authority to delete personal emails even
if she had used a government email address, instead of her own private
server, government lawyers argued this week. Justice Department lawyers
said in a court filing, first reported by Buzzfeed and The Washington
Times, that there was "no question" Clinton had the authority to erase
messages she thought were personal. The filing came as part of an ongoing
legal battle over the government's failure to comply with Freedom of
Information Act requests for Clinton's emails.

*Buzzfeed:* Ruby Cramer and Chris Geidner: Justice Department Lawyers:
Clinton Had Authority To Delete Personal Emails
<http://www.buzzfeed.com/rubycramer/justice-department-lawyers-clinton-had-authority-to-delete-p#.ntZ6V5JZV>
: *In a court filing on Wednesday, the Justice Department argued on behalf
of the State Department that there was “no question” Hillary Clinton had
the authority to determine and delete personal email without supervision*.
In a little noticed brief, filed on Wednesday to a federal court,
Department of Justice lawyers outlined a comprehensive defense of the
contentious decision by Hillary Clinton to wipe the private email server
she used as secretary of state: The attorneys assert that, regardless of
whether she used a personal or government account, Clinton was within her
legal right to handpick the emails that qualify as federal records — and to
delete the ones she deemed personal. “There is no question that former
Secretary Clinton had authority to delete personal emails without agency
supervision — she appropriately could have done so even if she were working
on a government server,” write the Justice Department attorneys,
representing the State Department in the brief.

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