Can Hillary be disbarred for spoliation of evidence?

3/30/2015 | Vanity

[joethedrummer]

She should be TRIED in a crimial court, not just disbarred.

I’m SO tired of watching polititians commit crimes that would put ANY one of us average citizens behind bars for years - get off scot free or just a slap on the wrist.

[Usagi_yo]

I am researching. Have been for a few weeks since I read an article where the IRS uses spoliation of evidence for administrative hearings all the time. Been reading a little bit of the Title 18 of the United States Code mentioned in the reference below

First stop: TITLE V. DISCLOSURES AND DISCOVERY Rule 37. Failure to Make Disclosures or to Cooperate in Discovery

(e) Failure to Provide Electronically Stored Information. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.

Second Stop: Spoliation: The ramifications of the failure to preserve evidence

Shows proposed modifications to 37e dated sept 2014 and schedule to take effect in Dec 1 2015. Which makes things a bit clearer when regarding EI (electronic evidence).

Third stop: Center for Individual Freedom.

Representative Gowdy: You’ve heard the phrase ‘spoliation of evidence,’ haven’t you?
Commissioner Koskinen: Uhh, I can’t recall ever hearing it.
Representative Gowdy: It’s true of administrative hearings, civil hearings, criminal hearings.
Commissioner Koskinen: I practiced law once, 45 years ago, gave it up for Lent one year, and never went back.
Representative Gowdy: Well, let me tell you what you would’ve found if you’d stuck with it. When a party has a duty to preserve evidence or records, and they fail to do so, there is a negative inference that is drawn from their failure to preserve the evidence. It’s common sense, right? If you destroy something, the jury has every right to infer that whatever you destroyed would not have been good for you. Or else every litigant would destroy whatever evidence was detrimental to them, agreed? "

Fourth stop: Wikipedia

{ ... The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: ...}

[Usagi_yo]

I don’t care if they make tons of money. I do care if we get another Presidential scofflaw breaker in the Oval Office.

Disbarment would be a disaster for Hillary and it may be the only ‘low hanging fruit’ that the House could actually be successful at.

[MaxMax]

I can wait until Obama leaves office. Gathering all the evidence now is vital
so that when the time is right the trial will be swift and the penalty severe.

Dems are all ducks in a row awaiting their livers to be farmed.

[TexasFreeper2009]

Bill was asked to comment, but was too busy groping little girls and hanging out with Cosby

[RIghtwardHo]

Oh I know, that was just a part of the equation is all. Just one of many factors.

[CyberAnt]

That’s interesting; Isn’t Bill disbarred ..?? I can’t remember.

[Ouderkirk]

So far “that woman” has managed to escape the charges and emerged stronger for it. There is no doubt that the mediots love her and protect her.

But you would think at some point their patience for this never ending drama of her being one step ahead of a criminal indictment would get old for them and that they would shout ENOUGH ! And yet here we go again.

I think at this point it’s over for Hillary. She cannot shake the stink off of her now....the allegedly “specious” charges that have accumulated over the 40+ years. When viewed int their totality, they amount to a pattern of criminality and deviousness that will be hard to dismiss.

We shall see. I am of the opinion that she will be making noises about running, doing fundraising, but in the end will just pocket the cash instead.

[Secret Agent Man]

i thought they surrendered their licenses decades ago.

[haircutter]

WHAT DIFFERENCE DOES IT MAKE...

She doesn’t need her license, she does as she wants anyway...

[shalom aleichem]

Both Clintons are active members of Arkansas Bar. Bill was suspended for 5 years as part of a settlement back after the Paula Jones perjury deal.

It is Barack and Moochelle Obama who either gave up or lost their law licenses in Illinois. Like all their records, we cannot discern the reason why they are without law licenses, but it did not seem to bother them or their careers to date.

Anyone has standing to being an issue before the Arkansas Supreme Court for possible disciplinary investigation.