Hillary Clinton could be charged with obstruction of justice for using a private email address and server to conduct government business, says one of two leading American legal scholars interviewed Monday on
Newsmax TV.
"We have her on audio tape that says she's been investigated a lot, she didn't want people to get a hold of her emails and they set up the private server," Ronald Rotunda, a professor at Chapman University's Fowler School of Law, told "The Steve Malzberg Show."
"Her good friend, James Carville, said … Hillary kept this private server because, as he says in her defense, she didn't want the investigation to discover the information. So we've got enough for obstruction."
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Rotunda — who was assistant majority counsel to the Senate Watergate Committee investigating President Richard Nixon — said Congress had subpoenaed various documents and emails from the State Department and its employees over the years, including those relating to the Benghazi attack.
"At that point, Sec. of State Hillary Clinton, confirmed they'd given all the documents. But she knew that was false because they didn't have the documents she had … in the server of her basement …" Rotunda said.
Similarly, there have been private organizations that have made Freedom of Information requests … and the State Department did not turn over documents because they didn't have copies of documents that were sent to or from Hillary Clinton.
"The State Department, by the way, knew this because every time you get an email from Hillary Clinton, the 'to' line is not from state.gov, it is from, what, clintonemail.com or whatever."
Rotunda said Clinton is also liable for allowing people who are not authorized to view classified documents to review emails which contained top secret information.
William Jacobson, a professor of law at Cornell Law School, told Steve Malzberg that Clinton's explanation as to why she used a personal email address and server is like "peeling back an onion."
"You never know if you get to the center of it, and that's what this whole explanation has been. First, she's just using personal email, then she's got her own server, then 30,000 emails were discarded, then they weren't reviewed, then they were reviewed," he said.
"And now there's this whole explanation that supposedly they were well captured on the government system is doubly not true because the government didn't have proper recordkeeping mechanisms in place while she was secretary of state.
"And … she was emailing with people who weren't on the government system. This is completely ridiculous."
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