Michael Gaynor
Americans should draw an adverse inference against spoliator Hillary Clinton
By Michael Gaynor
March 30, 2015

Zeifman's candid opinion of his subordinate Hillary Clinton as Watergate impeachment inquiry staffer: "She was an unethical, dishonest lawyer. She conspired to violate the Constitution, the rules of the House, the rules of the committee and the rules of confidentiality."

Former member of the impeachment inquiry staff advising the House Committee on the Judiciary during the Watergate scandal, First Lady, United States Senator, Secretary of State and presidential hopeful Hillary Clinton is a Yale Law School graduate.

Surely she knows what spoliation of evidence is.

Nevertheless, she chose to be a spoliator.

Even though Jerry Zeifman reportedly fired her from his staff for trying to conceal a key precedent favorable to President Nixon' position that he had a right to counsel.

Black's Law Dictionary defines a spoliator as "[a] spoiler or destroyer" and notes that "[i]t is a maxim of law...that everything most to his disadvantage is to be presumed against the destroyer, (spoliator,)" (http://thelawdictionary.org/spoliator/).

Where there is a duty to preserve, spoliation results in the imposition of sanctions by judges in lawsuits. Judges have broad discretion to impose a variety of sanctions against a party that fails to produce evidence in violation of the civil rules.

The sanctions are imposed to preserve the independence and integrity of justice, because the destruction of evidence inhibits a judge's ability to hear evidence and accurately determine the facts.

The American people should be imposing their own sanctions on spoliator Hillary Clinton for wiping the server she used for email purposes while Secretary of State after Congress started to investigate the Benghazi scandal.

The two most important factors in determining spoliation sanctions are the culpability of the spoliator and the degree of resulting prejudice from the spoliation.

Courts traditionally use an adverse inference jury instructio to sanction spoliation of evidence. The jury is instructed that it may assume that the lost evidence, if available, would have been unfavorable to the spoliator.

Representative Trey Gowdy (R-S.C.), chair of the House Select Committee investigating the 2012 Benghazi attacks, announced that Hillary Clinton, had wiped her server clean and failed to respond to a subpoena for her private server, which she had used for government business despite the security risk. "We learned today, from her attorney, Secretary Clinton unilaterally decided to wipe her server clean and permanently delete all emails from her personal server," Gowdy said in a statement.

Gowdy told the New York Times that. Clinton's "unprecedented email arrangement with herself and her decision nearly two years after she left office to permanently delete all emails" had deprived Americans of a full record of her time in office.

Clinton claims to have given copies of all work-related emails to the State Department.

The State Department claims it gave Gowdy's committee all the relevant emails.

Clinton was under a subpoena order from the Select Committee on Benghazi for all documents related to the 2012 attacks on the American compound there.

David Kendall, an attorney for Clinton, informed the committee that Clinton's emails from her time at the State Department have been permanently erased and insisted that "[thereis no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account."

Kendall added:

"To avoid prolonging a discussion that would be academic, I have confirmed with the secretary's IT support that no emails.....for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server."

"Thus, there are no hdr22@clintonemail.com e-mails from Secretary Clinton's tenure as Secretary of State on the server for any review, even if such review were appropriate or legally authorized."

Should Hillary Clinton and her lawyer be trusted when her conduct is under investigation?

No, especially if the following 2008 article (www.wnd.com/2008/04/60962/) is true


"Clinton was fired for allegedly colluding with Kennedys to protect JFK legacy

"Published: 04/07/2008 at 2:25 PM

"Details of Hillary Clinton's firing from the House Judiciary Committee staff for unethical behavior as she helped prepare articles of impeachment against Richard Nixon have been confirmed by the panel's chief Republican counsel.

"Franklin Polk backed up major claims by Jerry Zeifman, the general counsel and chief of staff of the House Judiciary Committee who supervised Clinton's work on the Watergate investigation in 1974, reported columnist Dan Calabrese in a column republished by WND.

"Zeifman, a lifelong Democrat, called Clinton a 'liar' and 'an unethical, dishonest lawyer.'

"He contends Clinton was collaborating with allies of the Kennedys to block revelation of Kennedy-administration activities that made Watergate 'look like a day at the beach.'

"Her brief, Zeifman said, was so fraudulent and ridiculous, she would have been disbarred if she had submitted it to a judge.

"Polk confirmed Clinton wrote a brief arguing Nixon should not be granted legal counsel due to a lack of precedent. But Clinton deliberately ignored the then-recent case of Supreme Court Justice William O. Douglas, who was allowed to have a lawyer during the impeachment attempt against him in 1970.

"Moreover, Zeifman claims Clinton bolstered her fraudulent brief by removing all of the Douglas files from public access and storing them at her office, enabling her to argue as if the case never existed.

"Polk confirmed the Clinton memo ignored the Douglas case, but he could not confirm or dispel the claim that Hillary removed the files.

"Looking back on the case amid Clinton's fierce battle with Sen. Barack Obama for the Democratic presidential nomination, Calabrese sees a picture emerging 'of a very ambitious young lawyer who was eager to please her political patrons, and was willing to mislead and undermine established committee staff and senior committee members in order to do so.'

"The columnist, editor in chief of the North Star Writers Group, noted Zeifman has been 'trying to tell his story for many years, and the mainstream media have ignored him."

Zeifman's candid opinion of his subordinate Hillary Clinton as Watergate impeachment inquiry staffer: "She was an unethical, dishonest lawyer. She conspired to violate the Constitution, the rules of the House, the rules of the committee and the rules of confidentiality."

© Michael Gaynor


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

Click to enlarge

Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)


Receive future articles by Michael Gaynor: Click here

More by this author

August 7, 2023
Elections can be 'stolen' in many ways, and the 2020 U.S. presidential election is a 'perfect' example

April 11, 2023
'Politics ain't beanbag,' but investigation and prosecution of Donald Trump by rabid partisans must stop

January 16, 2023
Perhaps learning why the Pearl Harbor attack was a surprise in Hawaii but not in Washington can help us appreciate and learn from other federal government mistakes and move forward wisely

November 4, 2022
Free True the Vote's Catherine Engelbrecht and Gregg Phillips

October 3, 2022
Who Sabotaged the Nord Stream pipelines?

August 13, 2022
Mar-a-Lago raid shows Trump derangement syndrome has fortuitously worsened

July 5, 2022
From the Warren Court to Roberts Court to Thomas Court

May 21, 2022
Speaker Nancy Pelosi has been barred from receiving Holy Communion at last

November 19, 2021
Justice ultimately prevailed in the Kyle Rittenhouse case

September 1, 2021
Is Afghanistan President Biden's Waterloo, or America's, too?

More articles


Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
Flashback: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Cherie Zaslawsky
Israel in the crosshairs: Part One

Cliff Kincaid
The next phase of Communist revolution in America

Cliff Kincaid
The Palestinian Removal Act

Victor Sharpe
What occupation?

Tom DeWeese
Setting the agenda for freedom’s comeback

Cliff Kincaid
America’s “collective responsibility”

Rev. Mark H. Creech
Revelation Chapter 19: The Marriage of the Lamb and the Joyous Celebration of the Bride

Joan Swirsky
The Jew haters in power were very carefully taught

Cliff Kincaid
Pope Francis embraces Global Islam and Mother Earth

Jerry Newcombe
Thanksgiving as a way of life

Kari Lee Fournier
Almighty God vs. Satan: Thanksgiving in an evil world

Curtis Dahlgren
Whom the gods wish to con, they first make illiterate
  More columns


Click for full cartoon
More cartoons


Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites