Senator presses Obama AG pick to probe Hillary emails

Loretta Lynch

NEW YORK – Sen. David Vitter, R-La., one of the first members of the Senate Judiciary Committee to oppose Loretta Lynch’s nomination to succeed Eric Holder as attorney general, has written a letter asking Lynch to investigate former Secretary of State Hillary Clinton’s use of a personal email server “to shield and destroy” official records.

“After seven years of an Obama presidency, the standard for government transparency and accountability has declined dramatically – which is why it is crucial for our nation’s next attorney general to be capable of enforcing our nation’s laws,” Vitter told WND.

“Before we move forward on Loretta Lynch’s nomination, Congress needs to be assured that Ms. Lynch is willing to act above political pressures and hold her colleagues within the administration accountable.”

As WND reported, Lynch's confirmation vote in the Senate initially was postponed after Vitter, a member of the Senate Judiciary Committee, opened an investigation of Lynch's role in the decision not to criminally prosecute employees of HSBC for the bank's involvement in laundering of funds by terrorists and drug cartels. Vitter launched the probe after his staff quizzed a former HSBC employee, John Cruz, whose trove of original evidence of money laundering was reported first by WND.

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Since then, Vitter’s office has continued pressing GOP senators quietly behind the scenes to vote against Lynch’s confirmation.

The Department of Justice investigation culminated Dec. 11, 2012, in a “deferred prosecution agreement” Lynch signed with HSBC in which the bank admitted “willful criminal activity” and paid a $1.9 billion fine in return for the U.S. Department of Justice agreeing not to bring criminal charges.

In his letter to Lynch sent last Thursday, Vitter said allegations Hillary Clinton had failed to meet her duty under 44 U.S.C. Section 3101 to preserve her email records while serving as secretary of state constitute a "shocking violation of federal law and substantially undermine the American public’s faith in the integrity of the federal government.”

Vitter’s letter detailed that Clinton unilaterally decided to wipe her server clean without outside review of whether the content of the emails related to State Department business.

The senator noted that in response to a FOIA request from the Associated Press, the State Department said it can only find four emails sent between Clinton and her staff concerning drone strikes and certain U.S. surveillance programs even though both the PRISM surveillance program and drone strikes were at their peak during her tenure as secretary of state.

“The emails that were released also revealed that Clinton used an iPad, along with her Blackberry, to email individuals in her role as Secretary of State despite her recent claim that she set up a private email account and server so that she could carry a single device,” Vitter’s letter continued. “In addition, last week the New York Times reported that private emails Clinton turned over showed that four of her aides also used private emails when communicating with her.”

Vitter noted the four Clinton aides in question are foreign-policy adviser Jake Sullivan, chief of staff Cheryl Mills, senior adviser Philippe Reines and personal aide Huma Abedin.

“If you are confirmed as Attorney General Eric Holder’s replacement, will you commit to a vigorous and transparent investigation of the allegations that Clinton used her personal email account and server to shield politically-sensitive material from FOIA requests?” Vitter asked.

“If your investigation of these allegations demonstrate violations of federal record-keeping laws, I request that—in your capacity as top lawyer for the American public – you appoint a Special Counsel to prosecute these violations to the full extent of the law,” the letter concluded.

Vitter gave Lynch until Monday, April 13, to respond.

The Hill.com reported Sunday that Lynch still faces a tough confirmation battle on the Senate floor with only five Republicans – Sens. Oran Hatch, Utah; Lindsay Graham, S.C.; Jeff Flake, Ariz.; and Susan Collins, Maine – committed to voting for her. It would be the bare minimum necessary to create a 50-50 tie, presuming all Democrats vote for her confirmation, forcing Vice President Joe Biden to cast the 51st tie-breaking vote.

The Hill.com further reported 25 GOP senators are committed to opposing Lynch’s confirmation on the Senate floor. The number is expected to grow as conservative groups pressure lawmakers to vote against her confirmation.

No date has yet been set for the Senate vote on Lynch’s nomination. The Senate is not scheduled to be back in session until Monday, .