Email of the Day: And why is he on his personalemailaccount.com?

Posted: 3:19 pm EDT
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It looks like John Godfrey served in Iraq and Libya, as well as Counselor for Arms Control at US Mission to International Organizations in Vienna (UNVIE).  His most recent assignment according to his LinkedIn profile, is as chief of staff at the Office of the Deputy Secretary of State since June 2013. The email released through the FOIA litigation is available to read here (PDF).  Note that the email is  cc’ed to another email address that looks like his state.gov address. Alice Wells, a career Foreign Service Officer, has been the U.S. Ambassador to the Hashemite Kingdom of Jordan since July 28, 2014.

 

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Former Secretary Clinton talks about her state.gov private emails

Posted: 01:11 am  EDT
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Excerpt from the transcript of Hillary Clinton’s remarks on the email controversy swirling about via Time’s @ZekeJMiller:

There are four things I want the public to know.

First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.

Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.

Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.

Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.

No one wants their personal emails made public, and I think most people understand that and respect that privacy.

Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.

I am very proud of the work that I and my colleagues and our public servants at the department did during my four years as secretary of state, and I look forward to people being able to see that for themselves.

Again, looking back, it would’ve been better for me to use two separate phones and two email accounts. I thought using one device would be simpler, and obviously, it hasn’t worked out that way.

 

The Clinton folks have also released a Q&A on her email use:

 

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So if we tell over 70,000 employees that they should secure their email accounts and “avoid conducting official Department business from your personal email accounts,” then we go off and use our own private non-government email, what leadership message are we sending out to the troops?  Follow what I say not what I do?

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The secretary of state is the highest classifying authority at the State Department. Since she did not have a state.gov account, does this mean, she never sent/receive any classified material via email in the entirety of her tenure at the State Department? If so, was there a specific person who routinely checked classified email and cable traffic intended for the secretary of state?

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The podium heads insist that there is no restriction in use of private emails. Never mind that this is exclusive use of private emails. If a junior diplomat or IT specialist sets-up his/her own email server to conduct government business at the home backyard shed in Northern Virginia, do you think Diplomatic Security would not be after him or her? Would he/she even gets tenured by the Tenuring Board despite systems management practices contrary to published guidelines?  If the answer is “yes,” we’d really like to know how this works. For ordinary people.

And then there’s this — if there were a hundred people at State that the then secretary of state regularly sent emails to, was there not a single one who said, “wait a minute’ this might not be such a great idea?

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Bottomline despite this brouhaha? Her personal email server will remain private. She has full control over what the public get to see. End of story. Or maybe not.

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Oops, what’s this? Oh, dear.

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Watch: Hillary Clinton talks use of email in 2011 TODAY interview

Posted: 08:22 PST
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“I have a lot of security restraints on what I can and can’t do,” the then secretary of state tells Savannah Guthrie in an October 2011 interview.

[grabpress_video guid=”40ebb847dd1246006e010e832c81e8601078bb76″]

 SOURCE: Today Show
03/04/2015   00:33

 

The following excerpted from the Daily Press Briefing of March 3, 2015:

 

QUESTION: Why is she using a personal account?

MS. HARF: Uh-huh. Well, let’s – I just have a couple points, sort of top lines, and then follow up with many questions, okay?

QUESTION: Okay.

MS. HARF: First, the notion that the Department didn’t have the content of these emails until she turned them over isn’t accurate. A vast majority of them were to or from State.gov addresses or to addressees. So they were obviously retained and captured in that moment. So that notion is just not accurate and I wanted to put that out there first.

A couple other points: There was no prohibition on using a non-State.gov account for official business as long as it’s preserved. So obviously, that’s an important piece of this. When in the process of updating our records management – this is something that’s sort of ongoing given technology and the changes – we reached out to all of the former secretaries of state to ask them to provide any records they had. Secretary Clinton sent back 55,000 pages of documents to the State Department very shortly after we sent the letter to her. She was the only former Secretary of State who sent documents back in to this request. These 55,000 pages covered her time, the breadth of her time at the State Department.

Secretary Kerry is the first Secretary of State to rely primarily on his State.gov account. So what Secretary Clinton did was by no means unusual. In fact, it had been the practice before Secretary Kerry. So certainly, I know there’s a lot of interest in this. I would also point out that the notion that she had this email account is certainly not news; it’s been reported on for more than two years at this point. So I was a little surprised – although maybe I shouldn’t have been – by some of the breathless reporting coming out last night, but I guess that’s the nature of where we are today.

QUESTION: Okay. So just to address one of the things you said. You said there was no prohibition on using —

MS. HARF: Correct.

 

Continue reading

So wait — Hillary Clinton never got a state.gov email? What does the FAM say?

Posted: 01:05 EST
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Via NYT—  from Michael S. Schmidt

Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record.

Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.

It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.

Continue reading, Hillary Clinton Used Personal Email at State Dept., Possibly Breaking Rules

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And then this:

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Oops, what’s that?

 

Holy moly sugar and macaroni!

Hey, what happens to State employees who ditch their state.gov emails for hotmail or gmail to conduct government business?

Let’s see —

5 FAM 443.1 Principles Governing E-Mail Communications:
(TL:IM-19; 10-30-1995) 

a. All Government employees and contractors are required by law to make and  preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency (Federal Records Act, or “FRA,” 44 U.S.C. 3101 et seq). In addition, Federal regulations govern the life cycle of these records: they must be properly stored and preserved, available for retrieval, and subject to appropriate approved disposition schedules.

5 FAM 443.2 Which E-Mail Messages are Records
(TL:IM-19; 10-30-1995) 

a. E-mail messages are records when they meet the definition of records in the Federal Records Act. The definition states that documentary materials are Federal records when they:

  • —are made or received by an agency under Federal law or in connection with public business; and
  • —are preserved or are appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government, or because of the informational value of the data in them.

[snip]

c. Under FRA regulations (36 CFR 1222.38), principal categories of materials, including E-mail, that are to be preserved are:

  • —records that document the formulation and execution of basic policies and decisions and the taking of necessary actions;
  • —records that document important meetings;
  • —records that facilitate action by agency officials and their successors in office;
  • —records that make possible a proper scrutiny by the Congress or other duly authorized agencies of the Government; and
  • —records that protect the financial, legal, and other rights of the Government and of persons directly affected by the Government’s actions.

According to 5 FAM 440, e-mail messages that may constitute Federal records include: (1) E-mail providing key substantive comments on a draft action memorandum, if the E-mail message adds to a proper understanding of the formulation or execution of Department action; (2) E-mail providing documentation of significant Department decisions and commitments reached orally (person to person, by telecommunications, or in conference) and not otherwise documented in Department files;  (3) E-mail conveying information of value on important Department activities, e.g. data on significant programs specially compiled by posts in response to a Department solicitation, if the E-mail message adds to a proper understanding of Department operations and responsibilities.

What else?

The FAM also says that the Department’s Records Management Office (OIS/RA/RD) conducts periodic reviews of the records management practices both at headquarters and at overseas posts. “These reviews ensure proper records creation, maintenance, and disposition by the Department. These periodic reviews now will include monitoring of the implementation of the Department’s E-mail policy.”

Okay, OIS/RA/RD, you’re about to get your 15 minutes of fame.

 

Related item:

5 FAM 440  ELECTRONIC RECORDS, FACSIMILE RECORDS, AND ELECTRONIC MAIL RECORDS 
(CT:IM-158; 12-29-2014) (Office of Origin: A/GIS/IPS)

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