@georgeob1,
I didn't ignore that, I just didn't highlight all the instances covered. But let's look at that in context.
Quote:
“(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
Your argument is asinine if you think you can argue that sending an email to a public officer is the same thing as filing or depositing something with them. While some items can be done be email, all emails are NOT filed or deposited.
Quote: By her own admission she failed to return messages involving "personal data".
Failing to return is NOT the same thing as taking or destroying something that was filed or deposited.
Your entire argument relies on the premise that all emails that Hillary received are filed or deposited with a public office or a public officer. That is a pretty high hurdle to meet. No jury or judge is going to accept that argument since there is no precedent or law saying that is true. That is unlikely to happen and you certainly have no evidence supporting a willful act on her part.
That is even before we get to the "willfully" part of the law. You would have to prove that even though Clinton turned over 55,000 emails, she willfully hid a few hundred or less. The fact that she turned over so many emails is evidence of a good faith attempt. The bar to prove a willful attempt on her part would require an admission by her.
So... in order for her to be charged under this law, you would have to prove that all emails received by public officials are officially filed or deposited documents then you would have to prove that deleting emails is equivalent to destroying documents. But then you would have to finally prove willful intent on her part when she destroyed emails after she turned over 55,000 of them.
There is no realistic way for Clinton to be charged under this law. You would have to manufacture meanings that have never existed in US law. Filing or depositing a document has a very real meaning under the law. It often comes with a fee being paid for the official act to happen.