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Notes -
There's the additional wrinkle that the entire point of the "private" server was almost certainly to evade FOIA and transparency/accountability. There's a long history of Federal bureaucrats using "private" equipment for their documenting and record-keeping; if they need the records they can treat them as official, but if they get FOIA'd they claim they've searched "official" records and found nothing, and if caught use the fig-leaf that the devices were "personal". One of the big times this came up is in Waco, where the overwhelming majority of documentation of the raid by ATF and the FBI was concealed from numerous investigations and lawsuits for many years by exactly this method.
It's obvious to me that Blues see all these arguments as scrambling attempts to insulate Trump, but I honestly don't care if he goes to jail. The point is that federal law enforcement is completely off the chain, and has been for years, maybe decades, maybe always. Hoover was never held accountable for his crimes and corruption, and he built the Bureau that we've inherited. They've been involved in serious malfeasance in every era from their inception till now. At some point we need to engage with the reality that the FBI has never abided the restraint of law.
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