The Corner

State Dept Won’t Say Whether Hillary Signed Crucial Records Form, Committed Felony

State Department spokeswoman Jen Psaki couldn’t tell reporters on Thursday if Hillary Clinton signed an official records form presented to all employees as they leave the department — a crucial question in determining whether the former Secretary of State committed a felony by failing to turn over government e-mail records.

Former Department of Justice lawyer and National Review contributing editor Shannen Coffin noted this week that Clinton should have signed form OF-109 as part of her standard exit from the department. That form declares that she turned over all relevant records at the time of her departure — and stipulates that any failure to do so could result in felony fines and jail times.

Clinton did not turn over her government communications to the State Department until asked for them late last year. 

“A former DOJ attorney has asked if, under department policy, Secretary Clinton — like all officials here in this building, when they depart or separate from this office, has to sign something called a form OF-109,” a reporter asked Psaki on Thursday. “It’s a separation statement declaring that when you leave office, you turn over not just classified materials, but any documents for official purposes. Did she sign –”

“I think this has been asked,” Psaki interrupted. “It was more than two years ago. I don’t have an update on that specific question at this point.”

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