confirmed and the department of justice succession regulations usually provide that the person appointed as acting attorney general be a senate confirmed individual. so look, if the president s going to back away from this, he should just go all the way and he should withdraw mr. whitaker from the acting attorney general position. and he should appoint somebody as deputy attorney general or one of the other assistant attorney generals who has already been senate confirmed. but there are both statutory and constitutional arguments violating, that it would be a violation of the appointments clause of the constitution. there are a lot of legal minds who agree with you. but however, i did read, law professor steven vladic s assessment, that the appointment is constitutional as long as it is temporary, and he cites the 1898 decision, the united states verses eaton. fair point? look, steve has a great point of view and he, there is a huge disagreement going on amongst legal scholars over
litigation, for a high level official to solely use a private system for the conduct of government business. steven, in bill clinton s administration, his cia director, john deutsche, faced prosecution for improperly using handling classified material that ended up on his home computer. how is that different? what are the ways in which that s different from what we currently know about hillary clinton s case? sure, lawrence. there are two critical differences. the first is, we still have no suggestion that any of the materials that then secretary clinton transmitted through her personal e-mail involved classified information. and there are reasons to doubt that would have happened given the protocols that government employees have to go through. what is an example of a protocol that would prevent that. you need a particular identification to logon to a system of classification.
the retired army general pled guilty to one count, punishable by one year in prison, $100,000 fine and five years probation. he supplied classified material for a book being written about himself. petraeus was willing having an extramarital affair with her at that time. today, hillary clinton has not said whether any classified information was put at risk by her use of private e-mail account while she was secretary of state. we are joined now by krystal ball, who is in the room right now where hillary clinton will be giving that speech tonight in washington. also joined by jonathan halter, msnbc analyst. jason baron from the national archives and steven vladic, law professor at american university.
most government employees with a security clearance will tell you, you can t just get on g-mail and send classified information. there are a lot of protocols in place that prevent that. so only if she at the time used her private e-mail, sent classified information, and sent it to someone who was not authorized to receive it, would we really be talking about the kinds of criminal penalties that are in the news today, thanks to general petraeus. so look, what we know so far, 55,000 pages of e-mails, and that s not all of them. and so in that giant stack of e-mails, the likelihood of there being something classified seems to statistically run high. but steven, it looks like hillary is stepping up to the microphone. yes, she s just being introduced in washington. now she s been introduced. she s on her way to the stage. let s listen to her speak and let s listen to what we might learn about these e-mails.
jailtime. the retired army general pled guilty to one count, punishable by one year in prison $100,000 fine and five years probation. he supplied classified material for a book being written about himself. petraeus was willing having an extramarital affair with her at that time. today, hillary clinton has not said whether any classified information was put at risk by her use of private e-mail account while she was secretary of state. we are joined now by krystal ball, who is in the room right now where hillary clinton will be giving that speech tonight in washington. also joined by jonathan halter msnbc analyst. jason baron from the national archives and steven vladic law