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iRumorMill.com Determination: Real but Retracted
Mukasey appeared on the August 24, 2015 MSNBC Morning program where he told interviewers, "I think the more dangerous part of this, from her standpoint, is not so much the placement of the material here as wiping the server."
The former AG continued, "Number one, that's a felony, but that statute disqualifies you from holding any further office in the United States and she's running for a further office under the United States."
Mukasey was citing a federal law that criminalizes the filing of false crop or weather reports. It also forbids federal employees from falsifying financial records.
Three days later, he retracted his comment after legal scholars argued his statement, according to am August 27, 2015 article by NBC.
Former Rutgers Law School teacher Seth Barrett Tillman, was one of those scholars and wrote, that such application of this statute to presidential candidates would be unconstitutional. The article said Tillman pointed out that the U.S. Constitution only limits the qualifications of U.S. President to be "US citizenship, being at least 35, and having lived in the US at least 14 years." Other factors may not be added to the qualifications list.
In his retraction, Mukasey said, "On reflection ... Professor Tillman's (analysis) is spot on, and mine was mistaken."
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