Dan Metcalfe worked in the Justice Department for 30 years, until 2007. He was the founding director of the department’s Office of Information and Privacy, which meant he was in charge of the federal government’s public information disclosure.
In a Politico editorial, he argues that the Federal Records Act, which applies to Clinton, “requires the comprehensive documentation of the conduct of official business, and it has long done so by regulating the creation, maintenance, preservation and, ultimately, the disposition of agency records,” including emails. He says the act allows the use of personal emails for work in some situations, but only if such emails are forwarded into the State Department’s official records system for preservation, which Clinton didn’t do.
He also comments that in this “truly unprecedented” case, “she managed successfully to insulate her official emails, categorically, from the FOIA (Freedom of Information Act), both during her tenure at State and long after her departure from it – perhaps forever.” He calls it “a blatant circumvention of the FOIA by someone who unquestionably knows better.” (Politico, 3/16/2015)