April 4, 2016: Whether the sensitive information in Clinton’s emails was marked classified at the time or not should have no bearing on if she is charged with any crimes.

Ronald J. Sievert (Credit: Pinterest)

Ronald J. Sievert (Credit: Pinterest)

This is according to Ronald J. Sievert, a professor who was a Justice Department official for 25 years. He points out that “The applicable statute, 18 USC 793, however, does not even once mention the word ‘classified.’ The focus is on ‘information respecting the national defense’ that potentially ‘could be used to the injury of the United States or to the advantage of any foreign nation.’ 793 (f) specifically makes it a crime for anyone ‘entrusted with […] any document […] or information relating to the national defense […] through gross negligence (to permit) the same to be removed from its proper place of custody.’”

He further notes that, “The fact that the information does not have to be ‘marked classified’ at the time only makes sense because sometimes, as in the case of the Clinton case and other [18 USC 793] cases, the information is originated and distributed before any security officer can perform a review and put a classification mark on it.” (Today, 4/4/2016)

April 4, 2016: Questions remain about Clinton’s server.

The Hill notes there are many lingering questions about Clinton’s email scandal, including a lack of information about the security of Clinton’s server. “Clinton’s camp has refused to outline precisely which digital protections she used to safeguard the information on her private server.” Other questions include what laws might have been broken, who other than Clinton might be in trouble, and if Clinton’s over 31,000 deleted emails were ever recovered. (The Hill, 3/4/2016)

April 4, 2016: Comey says quality comes before speed in the FBI’s Clinton investigation.

FBI Director James Comey at Kenyon College, Ohio, on April 6, 2016. (Credit: Carlos Osorio / The Associated Press)

FBI Director James Comey at Kenyon College, Ohio, on April 6, 2016. (Credit: Carlos Osorio / The Associated Press)

FBI Director James Comey says he does not feel he has to conclude the FBI’s investigation into Clinton’s private server before the Democratic National Convention in July 2016. “The urgency is to do it well and promptly. And ‘well’ comes first.” He won’t reveal any details of the investigation, but says that he is keeping close tabs on it “to make sure we have the resources to do it competently.” (Politico, 4/5/2016)

However, in September 2016, after the investigation has been concluded, Comey will say that he didn’t ask for subpoena power so he could finish the investigation faster.