Barry Pollack was quoted regarding the issue of former Secretary of State Hillary Clinton's use of a private email server, which allegedly contained classified material. Clinton and the U.S. Department of State have said that none of the material was marked classified at the time it was sent, and many in the legal community say it would be difficult to imagine her being criminally charged. That is because the line between what is classified and what is not is "not inherently obvious," and charging the former secretary of state would require prosecutors to prove that she knew what she was handling crossed that line, Pollack said. "If something has not been deemed classified, you're asking a person to intuit how somebody else would make a subjective decision and hold that person responsible for the fact that they didn't anticipate that somebody else might view the document as classified. It's almost a Rorschach test. Different people view it differently," he added.
Pollack's comments also appeared in articles on March 4, 2016, in Bloomberg BNA and MSN.