Using Private Email, Hillary Clinton Thwarted Record Requests

> Is Kerry doing similar?

The article says "Secretary of State John Kerry uses a government email account, and his correspondence is preserved as part of the department’s record-keeping system."

Well, the specific law referenced here is a federal law which only applies to high ranking federal officials (e.g. Cabinet secretaries). It would apply to Clinton, but not to most of the people on your list.

"The head of each Federal agency shall make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities. (44 U.S. Code § 3101)"

The only relevant question is, "are emails 'records'?", and according to the State Department, the answer is yes:

"All employees must be aware that some of the variety of the messages being exchanged on E-mail are important to the Department and must be preserved; such messages are considered Federal records under the law. (5 FAM [Foreign Affairs Manual] "

And I might add that the accusation here is not that she had a personal account in addition to her official one, it's that she didn't have an official one at all.

"The computer server that transmitted and received Hillary Rodham Clinton's emails — on a private account she used exclusively for official business when she was secretary of state — traced back to an Internet service registered to her family's home in Chappaqua, New York, according to Internet records reviewed by The Associated Press."

[...]

"Operating her own server would have afforded Clinton additional legal opportunities to block government or private subpoenas in criminal, administrative or civil cases because her lawyers could object in court before being forced to turn over any emails. And since the Secret Service was guarding Clinton's home, an email server there would have been well protected from theft or a physical hacking."

Source: http://bigstory.ap.org/article/b78ba433af3a45209668f745158d9...

The whole disclosure stems from hacking of another e-mail account, apparently.

The disclosure that Hillary Clinton used a non-governmental e-mail address while she was Secretary of State originally came courtesy of “Guccifer,” the Romanian hacker now serving time in a Bucharest prison for his online attacks against scores of public figures.

As TSG first reported in March 2013, “Guccifer” illegally accessed the AOL e-mail account of Sidney Blumenthal, who worked as a senior White House adviser to President Bill Clinton, and later became a senior adviser to Hillary Clinton’s 2008 presidential campaign.

When “Guccifer” (who was later identified as Marcel Lazar Lehel) breached Blumenthal’s account, he discovered an assortment of correspondence sent to Hillary Clinton at the e-mail address hdr22@clintonemail.com. The “clintonemail.com” domain was registered in 2009, shortly after her nomination to become Secretary of State.[1]

They host with MX Logic[2], some McAfee's enterprise-y mail service. At least it wasn't statedeptsugarycake22@gmail.com.

[1] http://www.thesmokinggun.com/documents/investigation/hillary...

[2] https://www.mxlogic.com/

They are probably talking about the DNS records. If you look up my domain, it will list my home address, but the server is not in my house. The second quote is pure conjecture once they didn't understand what a DNS record is.