Email/Dossier/Govt Corruption Investigations
Patrick Kennedy and other State Department officials allegedly attempt to change or remove the classification codes of some Clinton emails to make their release less politically damaging for Clinton.
An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015. She will claim there was a deliberate effort to change some Clinton emails bearing the “B(1)” code, which classifies information due to “national security,” to the “B(5)” code, which classifies information mostly due to “interagency or intra-agency communications.”
This person “believed there was interference with the formal [Freedom of Information Act] FOIA review process. Specifically, [the State Department’s] Near East Affairs Bureau upgraded several of Clinton’s emails to a classified level with a B(1) release exemption. [Redacted] along with [redacted] attorney, Office of Legal Counsel called State’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”
The interviewee reported in early May 2015 that Under Secretary for Management Patrick Kennedy “held a closed-door meeting with [redacted] and [redacted] [Justice Department’s] Office of Information Programs where Kennedy pointedly asked [redacted] to change the FBI’s classification determination regarding one of Clinton’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.” (Federal Bureau of Investigation, 9/23/2016)
In October 2016, Fox News will report, “This appears to be one of two emails that kick-started the FBI [Clinton email investigation] in the summer of 2015.” (Fox News, 10/6/2016) The email in question was sent on November 18, 2012 by department official Bill Roebuck and forwarded to Clinton by her aide Jake Sullivan. If Kennedy tried to change the classified code on this email he must have failed, because when the email is published on May 22, 2015, it is classified at the “secret” level (the medium level below “top secret”) due to a section using the B(1) code. (US Department of State, 5/22/2015)
However, classification codes may be changed on other emails. On August 26, 2015, Fox News will report that “Kennedy, who was deeply involved in the Benghazi controversy, is running interference on the classified email controversy on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill in early July [2015] and argued [the November 18, 2012] email from Clinton aide Jake Sullivan [plus one other email] did not contain classified material. … One participant found it odd Kennedy insisted on having the discussion in a secure facility for classified information, known as a SCIF,” although Kennedy claimed the two emails were unclassified. (Fox News, 8/26/2015)
Then, on September 1, 2015, Fox News will report that “At least four classified Hillary Clinton emails had their markings changed to a category that shields the content from Congress and the public… in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server. The changes, which came to light after the first tranche of 296 Benghazi emails was released in May [2015], was confirmed by two sources — one congressional, the other intelligence. The four emails originally were marked classified after a review by career officials at the State Department. But after a second review by the department’s legal office, the designation was switched to ‘B5’…”
One of the lawyers in the office where the changes are made is Kate Duval, who once worked for Williams & Connolly, the same law firm as Clinton’s personal lawyer David Kendall. Duval also served as an attorney and advisor in the Obama Administration on oversight issues and high-profile investigations, most recently at the Department of State and, before that, as Counselor to the Commissioner of the Internal Revenue Service. There are internal department complaints that Duval, and a second lawyer also linked to Kendall, “gave at the very least the appearance of a conflict of interest during the email review. A State Department spokesman did not dispute the basic facts of the incident, confirming to Fox News the disagreement over the four classified emails as well as the internal complaints. But the spokesman said the concerns were unfounded.” (Fox News, 9/1/2015)
Kennedy will also be interviewed by the FBI on December 21, 2015. Redactions will make the interview summary difficult to follow, but apparently he will be asked about these accusations. He will say that while the official who accused him “says it like it is” and has “no fear of telling truth to power,” he “categorically rejected” the allegations of classified code tampering. (Federal Bureau of Investigation, 9/23/2016)
- (B1) "information withheld in the interest of national defense or foreign policy"
- (B5) information withheld due to "interagency or intra-agency communications"
- Benghazi
- Capitol Hill
- classification markings
- classified emails
- David Kendall
- emails
- Federal Bureau of Investigations (FBI)
- Fox News
- Freedom of Information Act (FOIA)
- Hillary Clinton
- Kate Duval
- Near East Affairs Bureau
- Office of Information Programs and Services (IPS)
- Office of Legal Counsel
- Patrick Kennedy
- Secure Compartmented Information Facility (SCIF)
- State Department
- Williams & Connolly
May 15, 2015 – Former CIA deputy director Michael Morell: Foreign governments have Hillary’s email
“Former Deputy CIA Director Michael Morell said that he believes some foreign intelligence agencies possess the contents of Hillary Clinton’s private email server.
“I think that foreign intelligence services, the good ones, have everything on any unclassified network that the government uses,” Morell said Friday in an interview on the Hugh Hewitt Show.
“I don’t think that was a very good judgment,” he added of Clinton’s decision to use the private server for official State Department business. “I don’t know who gave her that advice, but it was not good advice.”
“She’s paying a price for it now,” Morell said of the server. “It was not good.” (Read more: Politico, 5/15/2015)
May 19, 2015 – Emails suggest the Justice Department communicates with Hillary Clinton’s campaign as the administration deals with fallout from her use of a private server
(…) “Brian Fallon, Clinton’s campaign spokesman and a Justice Department alum, wrote in May 2015 that “DOJ folks” had tipped him off to an upcoming status hearing in a high-profile lawsuit that threatened to expose Clinton’s 30,000 work-related emails to the public.
When Fallon informed Clinton confidantes that the Justice Department “filed a briefing saying the gov’t proposes releasing HRC’s cache of work-related emails in January 2016,” Cheryl Mils, a board member at the Clinton Foundation, reacted with surprise.
The conversation is one of many that shed light on the Clinton campaign’s efforts to stay ahead of a controversy that progressed rapidly during the early months of her White House bid.” (Read more: Washington Examiner, 10/11/2016)
The FBI reportedly begins an informal investigation into Clinton’s emails.
In September 2016, it will be revealed that the FBI’s Clinton email investigation formally began on July 10, 2015. However, according to account by CNN in August 2015, the FBI had already begun informally investigating Clinton’s emails in late May 2015. (CNN, 8/20/2015)