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July 2016 Archives

The Other Blue Book: DOJ's Prosecution Manual Can Be Kept Secret

Several years ago, Senator Ted Stevens of Alaska was criminally indicted on corruption charges but managed to slip by a conviction on what many consider a technicality. The case against him produced much debate about whether or not government lawyers were being properly trained in their ethical duties of disclosure. It also produced "the Blue Book."

Not that Blue Book, but the Federal Criminal Discovery Blue Book. And it, unlike its more famous cousin, is probably more important than you know.

As the FBI announced that it would not recommend indicting Hillary Clinton for her use of a private email server while secretary of state on Tuesday, the D.C. Circuit simultaneously ruled that emails kept on private accounts could be subject to Freedom of Information Act requests.

The ruling didn't touch on Hillary's emails. Rather, it involved the little-known White House Office of Science and Technology Policy. But the implications for Hillary and other politicians are clear: keeping government records on private servers may not shield them from public scrutiny.