Dan Metcalfe, director of the Justice Department’s Office of Information and Privacy for 25 years, writes an editorial noting that penalties for violating the FRA are limited to monetary or administrative sanctions, and those can only be applied to people who are still federal employees when violations are discovered.
He says that Clinton’s conduct with her emails “violated the Federal Records Act from beginning to end, including through what appears to be her utter failure to meet any of the requirements placed on a departing employee. This amounts to what can be viewed as the biggest, most consequential violation of the FRA in its history, as well as a blatant circumvention of the FOIA [Freedom of Information Act] the likes of which have never before been seen.” However, she will face no penalty for violating this law because she is no longer a federal employee.
Metcalfe calls for Congress to “update the Federal Records Act to provide meaningful sanctions” to prevent others from doing what Clinton did. Nevertheless, Metcalfe says he is a Democrat and will support Clinton if she is not indicted. (LawNewz, 5/13/2015)