If you are an attorney, you are bound by the rules of professional responsibility. It's probably a safe bet that the bar in every state has some version of ABA Rule 3.4. It states, in part:
A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
Thus, if a lawyer has records or his/her client has records, it would be a violation to destroy or counsel a client to destroy them if they have potential evidentiary value. For example, if you could reasonably anticipate that they might be the subject of a subpoena. If an attorney know that their emails are likely to be the subject of a congressional subpoena, for example, would they not be in violation of 3.4 if they deleted them to keep them out of the hands of a governmental investigative body? A grand jury? A trial court? Congress?
Is Hillary Clinton not an attorney? Also, is she not subject to the Sarbanes-Oxley act which she voted for? Section 802 of that act addresses the retention and destruction of records, with implied penalties. Under Section 802 it is a crime for anyone to intentionally destroy, alter, mutilate, conceal, cover up, or falsify any records, documents, or tangible objects that are involved in or could be involved in, a US government investigation or prosecution of any matter . Does this law apply to a secretary of state?
Quote:
A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
Thus, if a lawyer has records or his/her client has records, it would be a violation to destroy or counsel a client to destroy them if they have potential evidentiary value. For example, if you could reasonably anticipate that they might be the subject of a subpoena. If an attorney know that their emails are likely to be the subject of a congressional subpoena, for example, would they not be in violation of 3.4 if they deleted them to keep them out of the hands of a governmental investigative body? A grand jury? A trial court? Congress?
Is Hillary Clinton not an attorney? Also, is she not subject to the Sarbanes-Oxley act which she voted for? Section 802 of that act addresses the retention and destruction of records, with implied penalties. Under Section 802 it is a crime for anyone to intentionally destroy, alter, mutilate, conceal, cover up, or falsify any records, documents, or tangible objects that are involved in or could be involved in, a US government investigation or prosecution of any matter . Does this law apply to a secretary of state?
Aba Model Rule of Professional Conduct 3.4
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