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Spoilation of Evidence and Secretary Clinton

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CJLF is not a partisan organization, although it's obvious it more frequently sides with Republicans than Democrats, particularly on matters of judicial selection.  I, as a guest contributor, have not been shy about strongly taking on such Republican stalwarts as Rand Paul, Mike Lee, and occasionally my brilliant friend from years ago  --  and a courageous man in my view  --  Sen. Ted Cruz. I have had very little to say about some prominent Democrats, in particular leading presidential candidate Hillary Clinton.

This is, however, a criminal law blog, and one of the most important factors in preserving the legitimacy and public repute of criminal law is that it be applied as equitably as possible toward both the strong and the weak.  Thus, when powerful but corrupt Republicans like George Ryan, Duke Cunningham and Bernie Kerick got sentenced to prison, my reaction was:  Fine.  They want to behave that way, they can live with the consequences.  

Same deal with the Democrats.  Today, I could not help but take note of this story, "Clinton Lawyer Says Her Server Was Wiped Clean."  
It begins:  

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.

P.S.  Secretary Clinton's attitude toward all this was reflected with astounding clarity the other day when, after being asked whether her server had been wiped, she replied, according to the Washington Post, "What, like with a cloth or something?"


 


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