Judge Emmet Sullivan, a Bill Clinton appointee, cracked down on the delay tactics exercised in the effort to build a moat around her e-mails. He ordered Clinton and two of her closest aides, Huma Abedin and Cheryl Mills, to “describe, under penalty of perjury, the extent to which Ms. Abedin and Ms. Mills used Mrs. Clinton’s email server to conduct official government business.” He also ordered them to confirm that that “they have produced all responsive information that was or is in their possession as a result of their employment at the State Department.” And if “all such information has not yet been produced,” they are ordered to produce it “forthwith.”I assume they will have a lot of trouble recalling, though there is a point at which you can risk charges of contempt going down that road. I suppose they might try the lane cleared for them by Ms. Lois Learner: 'I have done nothing wrong, and plead the Fifth to avoid self-incrimination.'
UPDATE: The NY Daily News reminds us of a precedent: Bill Clinton's CIA director, whom he pardoned for a very similar offense.
The law is plain. Under the Espionage Act of 1917, “gross negligence” in the handling of national defense information is a punishable offense. If such information is “removed from its proper place of custody,” the responsible government official faces a maximum penalty of 10 years imprisonment....
Only after a year of spinning wheels did CIA managers finally refer the matter to the Justice Department. Attorney General Janet Reno responded initially with the most minimal conceivable action, suggesting that Deutch’s security clearance be reviewed. But after the CIA’s critical report became public in 2000, igniting a firestorm on Capitol Hill, prosecutors swung into high gear.
Yet just as Deutch was ready to agree to a plea bargain, the matter came to an abrupt end. On Jan. 20, 2001, his last day in office, President Clinton issued a surprise pardon to his wayward CIA director.