# Why isn't Hillary clinton in jail?

**URL:** <https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125>\
**Category:** The BBQ Pit\
**Created:** [April 20, 2015, 4:26pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125 "2015-04-20T16:26:51Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [April 20, 2015, 10:22pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/61 "2015-04-20T22:22:16Z")

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> [@Haberdash](#):
>
> The Federal Records Act of 1950, which requires that all heads of agencies maintain permanent copies of records of official business, and various sections of the Federal Rules of Civil Procedure requiring compliance with Congressional subpoenas, at least one of which requested her e-mails before the date on which she destroyed the server.

The Federal Records Act of 1950 did not cover electronic communications, and was not [updated until November 2014](https://en.wikipedia.org/wiki/Presidential_and_Federal_Records_Act_Amendments_of_2014), after Clinton left the State Dept. No crime was committed by Bush SecState Colin Powell either, who [used a personal email address for State Department business.](http://www.politico.com/story/2015/03/colin-powell-personal-email-secretary-of-state-115707.html)

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [April 20, 2015, 10:25pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/62 "2015-04-20T22:25:01Z")

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> [@davida03801](#):
>
> The OP misses the key point. Clinton is a Democrat, therefore all mis-deeds are given a pass.
> 
> Now if a Republican with the exact same sequence of events then all here who defend Clinton would be calling for the immediate execution (and death penalty be damned) of the evil doer.

In Republican leaning [Bricker’s thread](http://boards.straightdope.com/sdmb/showthread.php?t=750725) there’s plenty of Dems uncomfortable with this, just no one (of either affiliation) jumping up and down calling for jail time.

Eta: didn’t read all 11 pages though.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [April 20, 2015, 10:25pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/63 "2015-04-20T22:25:40Z")

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> [@Robert163](#):
>
> to all the people defending Hillary:
> 
> what would your reaction had been if Rumsfeld had deleted 30,000 secret emails?

Are they “secret” because they were deleted or were they deleted because they’re secret.

As to Rumsfeld, there are plenty of reasons to hate the guy without worrying about his emails.

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 20, 2015, 10:26pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/64 "2015-04-20T22:26:26Z")

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> [@Procrustus](#):
>
> Are they “secret” because they were deleted or were they deleted because they’re secret.
> 
> As to Rumsfeld, there are plenty of reasons to hate the guy without worrying about his emails.

i think you are deliberately missing the point

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**Author:** ![Haberdash](https://avatars.discourse-cdn.com/v4/letter/h/f9ae1b/32.png) [@Haberdash](https://boards.straightdope.com/u/Haberdash)\
**Post date:** [April 20, 2015, 10:30pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/65 "2015-04-20T22:30:36Z")

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> [@Fear\_Itself](#):
>
> The Federal Records Act of 1950 did not cover electronic communications, and was not [updated until November 2014](https://en.wikipedia.org/wiki/Presidential_and_Federal_Records_Act_Amendments_of_2014), after Clinton left the State Dept. No crime was committed by Bush SecState Colin Powell either, who [used a personal email address for State Department business.](http://www.politico.com/story/2015/03/colin-powell-personal-email-secretary-of-state-115707.html)

The notion that the pre-2014 FRA magically doesn’t cover emails is at odds with how it was applied when the Bush adminstration used a non-government address and deleted emails in 2007, and, unsurprisingly, is a notion advanced by no Democrats prior to the Hillary scandal.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [April 20, 2015, 10:31pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/66 "2015-04-20T22:31:00Z")

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> [@Robert163](#):
>
> i think you are deliberately missing the point

Which is that Clinton was only required under the law to turn over State Department emails, which she did. Republicans want to go through all her personal email in hopes of finding something to tar her with, like a blow job. I don’t see any Republicans turning over all their personal email to Democrats, so all is fair since everyone obeyed the law. I get it, you wish the law was different, but it wasn’t.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [April 20, 2015, 10:34pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/67 "2015-04-20T22:34:28Z")

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> [@Haberdash](#):
>
> The notion that the pre-2014 FRA magically doesn’t cover emails is at odds with how it was applied when the Bush adminstration used a non-government address and deleted emails in 2007, and, unsurprisingly, is a notion advanced by no Democrats prior to the Hillary scandal.

Sorry, you must put “scandal” in quotes if you’re going to use it this way.

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**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\
**Post date:** [April 20, 2015, 10:34pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/68 "2015-04-20T22:34:48Z")

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> [@Haberdash](#):
>
> This is amusing.

No, you’re just fucking stupid and you think it’s amusing because you don’t know how to deal with shit that doesn’t run through your dipshit programming.

> [@](#):
>
> The idea that the reason Hillary Clinton bought a server, paid to operate it, and hired someone to run it, all while keeping this secret from anyone who would have alerted her opponents to it for four years, was because she didn’t want to carry two phones is plainly ridiculous.

The server predates her time as SoS, you fucking ignorant clot of shit.

> [@](#):
>
> It’s plainly ridiculous for many reasons, including but not limited to the fact that there are multiple other people whose sole job is to carry things so Hillary Clinton doesn’t have to, and that the hassle of carrying two phones pales in comparison to that of maintaining your own email server.

Are you fucking stupid enough to think she set up the server herself? Jesus merciful fuck.

> [@](#):
>
> It’s completely unbelievable that any person thinking in good faith believes that “I didn’t want to carry two phones” is the reason this was done.

No, it’s unbelievable that someone who can type would internalize RW nonsense to such an extent that they are unable to reason. But I see evidence for it every day on this board, so I guess it must be true.

> [@](#):
>
> That\* questioning Hillary Clinton\* rather than\* believing obvious lies from Hillary Clinton\* is your definition of blindly (or “blandly”) accepting what a leader tells you is the only thing more ridiculous than “didn’t want to carry two phones.”

You’re not questioning. You’re bleating nonsense you were fed by RW media. You aren’t thinking. You’re a phonograph constantly repeating the same stupid tune, over and over.

> [@](#):
>
> This is what people don’t like about Democrats. You cheerfully act as foot soldiers in the march of bullshit, then act like you’re the only people in the world who are being reasonable. This descent into believing that your job is to apologize for the party rather than have any thoughts or moral sense on your own is exactly the hubris that the Bush disciples fell into the mid-00s. Six-plus years of Democratic power has turned you into the party of glib, amoral hucksters that refuses to even consider that you may be wrong and gets angry at other people for not falling for your nonsense.

I always assume I may be wrong. The trouble is that the more I engage with thoughtless imbeciles like yourself, the more I find that very little you say is based in reality.

Make an argument that isn’t utter shit, and I’ll let you know.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [April 20, 2015, 10:37pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/69 "2015-04-20T22:37:22Z")

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> [@Haberdash](#):
>
> The notion that the pre-2014 FRA magically doesn’t cover emails is at odds with how it was applied when the Bush adminstration used a non-government address and deleted emails in 2007, and, unsurprisingly, is a notion advanced by no Democrats prior to the Hillary scandal.

So why was the 2014 law necessary, if email was already covered?

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 20, 2015, 10:37pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/70 "2015-04-20T22:37:53Z")

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> [@Fear\_Itself](#):
>
> Which is that Clinton was only required under the law to turn over State Department emails, which she did. Republicans want to go through all her personal email in hopes of finding something to tar her with, like a blow job. I don’t see any Republicans turning over all their personal email to Democrats, so all is fair since everyone obeyed the law. I get it, you wish the law was different, but it wasn’t.

Actually, I’m looking for consistency. We (the left) can’t point the finger at conservatives and their moral failings unless we keep ourselves equally accountable.

I don’t really care if she broke some rule or law or protocol when she mixed up private emails and govt emails in the same private email account. That would be bad/wrong but a mistake that is forgivable, regardless of the persons political position. But to cover up what you did and try to hide it from review, that is clearly wrong, no matter who does it. If a republican had deleted 300,000 emails that needed to be reviewed democrats would be going ballistic.

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**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\
**Post date:** [April 20, 2015, 10:39pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/71 "2015-04-20T22:39:31Z")

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> [@Robert163](#):
>
> Actually, I’m looking for consistency. We (the left) can’t point the finger at conservatives and their moral failings unless we keep ourselves equally accountable.
> 
> I don’t really care if she broke some rule or law or protocol when she mixed up private emails and govt emails in the same private email account. That would be bad/wrong but a mistake that is forgivable, regardless of the persons political position. But to cover up what you did and try to hide it from review, that is clearly wrong, no matter who does it. If a republican had deleted 300,000 emails that needed to be reviewed democrats would be going ballistic.

Yeah, but they didn’t need to be reviewed. That’s the real issue.

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 20, 2015, 10:44pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/72 "2015-04-20T22:44:01Z")

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> [@Lobohan](#):
>
> Yeah, but they didn’t need to be reviewed. That’s the real issue.

if its govt business it needs to be open for review

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [April 20, 2015, 10:49pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/73 "2015-04-20T22:49:35Z")

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> [@Robert163](#):
>
> if its govt business it needs to be open for review

She turned over all government business. Republicans say they don’t trust her, but they are really just on a fishing expedition to find something, anything to derail her in 2016. I see no reason she should assist them in this scheme, if no law has been broken.

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**Author:** ![Haberdash](https://avatars.discourse-cdn.com/v4/letter/h/f9ae1b/32.png) [@Haberdash](https://boards.straightdope.com/u/Haberdash)\
**Post date:** [April 20, 2015, 10:52pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/74 "2015-04-20T22:52:10Z")

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> [@Lobohan](#):
>
> I always assume I may be wrong.

Yup – you might have accidentally used your brain before checking Gawker for today’s talking points. The greatest fear of every Democrat is that they might fail The Leader.

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**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\
**Post date:** [April 20, 2015, 10:52pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/75 "2015-04-20T22:52:34Z")

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> [@Robert163](#):
>
> to all the people defending Hillary:
> 
> what would your reaction had been if Rumsfeld had deleted 30,000 secret emails?

I’m not “defending Hillary”, not least because no one has made it clear what, if anything, I should be defending her against, but I’m pretty sure I would have first expressed surprise that an old coot like himself was even using E-mail, then greeted this with the same yawn I did concerning Mrs. Clinton’s so-called E-mail scandal.

Now, one for you: If Mrs. Clinton has indeed broken the law, why are the Republicans not torpedoing her chances for election by prosecuting her? I’m genuinely curious what your thoughts are on this.

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 20, 2015, 10:53pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/76 "2015-04-20T22:53:17Z")

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> [@Fear\_Itself](#):
>
> She turned over all government business. Republicans say they don’t trust her, but they are really just on a fishing expedition to find something, anything to derail her in 2016. I see no reason she should assist them in this scheme, if no law has been broken.

She should not be trusted. Nor should anyone in that position.

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**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\
**Post date:** [April 20, 2015, 10:56pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/77 "2015-04-20T22:56:34Z")

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> [@Haberdash](#):
>
> Yup – you might have accidentally used your brain before checking Gawker for today’s talking points. The greatest fear of every Democrat is that they might fail The Leader.

Let’s be clear. You’re the one spouting lies that you’re too credulous to check on.

I like Obama, and I think he’s certainly the best president since Clinton, but insinuating that I blindly follow a cult of personality is a bit far fetched.

My greatest fear as a person that votes Democrat, is that the imbeciles like you, who are deceived by naked nonsense and who internalize ideological lies, are going to vote in some GOP retard that will cause still more lasting damage to the country. Bush II was a terrible president, but at least he wasn’t stupid enough to be in the Tea Party.

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<div class="post-metadata">

**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 20, 2015, 10:56pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/78 "2015-04-20T22:56:40Z")

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> [@El\_Kabong](#):
>
> I’m not “defending Hillary”, not least because no one has made it clear what, if anything, I should be defending her against, but I’m pretty sure I would have first expressed surprise that an old coot like himself was even using E-mail, then greeted this with the same yawn I did concerning Mrs. Clinton’s so-called E-mail scandal.
> 
> Now, one for you: If Mrs. Clinton has indeed broken the law, why are the Republicans not torpedoing her chances for election by prosecuting her? I’m genuinely curious what your thoughts are on this.

Wether or not she broke the law is not really the point. To whatever degree she did something criminally wrong she should be legally prosecuted (but fancy lawyering would probably get her off, regrettably). I’m actually more concerned with the moral ramifications of what she has done. It is further proof she is dishonest and untrustworthy.

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<div class="post-metadata">

**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [April 20, 2015, 10:57pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/79 "2015-04-20T22:57:33Z")

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> [@Robert163](#):
>
> She should not be trusted. Nor should anyone in that position.

Should we trust any federal office holder who had a personal email address prior to 2014? Who knows whether they might have used it for government business? Better read all Dick Cheney’s personal email just to be sure, 'cause I sure as hell don’t trust that bastard. OK with you?

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<div class="post-metadata">

**Author:** ![Haberdash](https://avatars.discourse-cdn.com/v4/letter/h/f9ae1b/32.png) [@Haberdash](https://boards.straightdope.com/u/Haberdash)\
**Post date:** [April 20, 2015, 10:59pm UTC](https://boards.straightdope.com/t/why-isnt-hillary-clinton-in-jail/718125/80 "2015-04-20T22:59:15Z")

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> [@Lobohan](#):
>
> Let’s be clear. You’re the one spouting lies that you’re too credulous to check on.

Who told you that it’s legal to destroy evidence in response to a Congressional subpoena? Was it Vox?

> [@](#):
>
> I like Obama, and I think he’s certainly the best president since Clinton, but insinuating that I blindly follow a cult of personality is a bit far fetched.

It’s more of a cult-of-no-personality in Hillary’s case.

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