The Plot Thins: State Dept regs require employees to decide what e-mails are preserved
Media Matters points us to State Dept Reg. 5 FAM 443.2:
E-mail message creators and recipients must decide whether a particular message is appropriate for preservation In making these decisions, all personnel should exercise the same judgment they use when determining whether to retain and file paper records.
We already know there was no prohibition until 2014 regarding the use of private e-mail accounts. We now know that, as a formal matter, even e-mails sent or received on State Department email account were not automatically preserved. Instead only those e-mails designated for preservation, by the determination of the individual holding the e-mail, would be preserved.
Hillary Clinton should have made these determinations in a timely manner. When she did not, after the effective date (in 2010) of the 2009 NARA regulation, she failed to comply in my opinion. (I do not accept her argument that she could rely on the determination of the recipient or sender from a .gov account.)
But in terms of laws and regulations, this has become "The Incredible Shrinking Scandal."
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