Hillary Rodham Clinton's personal lawyer has told a Senate committee that emails and all other data stored on her computer server were erased before the device was turned over to federal authorities.
In a letter sent last week to Sen. Ron Johnson, R-Wis., the chairman of the Senate Homeland Security Committee, attorney David Kendall said the server was transferred to the FBI on Aug. 12 by Platte River Networks, a Denver firm hired by Clinton to oversee the device. The Senate committee made Kendall's letter public on Wednesday. In exchanges with reporters earlier this week, Clinton said she was not aware if the data [possibly highly classified] on her server was erased.
I don't recall handling a spoilation of evidence case when I was an AUSA, so I will just quote the relevant criminal statute (there are also civil penalties) and, for now, let it go at that. For now.
18 USC Section 1519 Destruction, alteration or falsification of records in federal investigation and bankruptcy:
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
Leave a comment