Tuesday, May 31, 2016

Federal Records Acts punishment

Norman Goldman has been making pathetic excuses for Clinton's violation of the Act. His man defense is that there was no harm. He used standard criminal law that harm is one of the elements and must be proven, and since there was no harm then no crime. According to the Justice Dept's page on the Federal Records Act one can be criminally punished, e.g. under 18 U.S.C. 2071, which follows. Note that there is no 'harm' element required. And that per (b) the perpetrator "shall forfeit his office and be disqualified from holding any office under the United States." 18 U.S.C. 2017 states unequivocally:


(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
 
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.

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