Original Thompson Email Timeline
September 6, 2016 - House Speaker Paul Ryan criticizes the FBI for the timing of the release of their Clinton email investigation final report.
Paul Ryan, the Republican Speaker of the House, complains how the report was released on the Friday afternoon before a three-day weekend. “It’s like the most buried time you could ever put out a story. I’m surprised. I can’t believe that they would do what is such a patently political move. It makes them look like political operators versus law enforcement officers.” (CNN, 9/6/2016)
One day later, FBI Director James Comey responds with a statement defending the timing of the release.
September 6, 2016 - Representative Chaffetz asks a federal prosecutor to determine if Clinton and/or members of her staff played a role in deleting her emails from her private server.
The request comes in the form of a letter from Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, to Channing Phillips, the US attorney for the District of Columbia. It asks the Justice Department to “investigate and determine whether Secretary Clinton or her employees and contractors violated statutes that prohibit destruction of records, obstruction of congressional inquiries, and concealment or cover up of evidence material to a congressional investigation.”
Although the FBI ended its Clinton email investigation in July 2016 without recommending an indictment of Clinton or anyone else, newly revealed evidence indicates Platte River Networks (PRN) employee Paul Combetta deleted and wiped all of Clinton’s emails in March 2015. He had communications with Clinton’s lawyers just days before and after the deletions, but the FBI was unable to determine what was said in those communications, possibly due to an assertion of attorney-client privilege. (Salon, 9/6/2016)
September 6, 2016 - Representative Chaffetz warns the person who managed Clinton's server could face charges, and he also is puzzled by an assertion of attorney-client privilege.
Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, writes a letter to Platte River Networks (PRN), the computer company that managed Clinton’s private server since June 2013. Chaffetz warns that one PRN employee, Paul Combetta, could face federal charges for deleting and wiping Clinton’s emails from her server in March 2015. That’s because the House Benghazi Committee had issued a formal order to preserve such records earlier in the month, and Combetta confessed in a later FBI interview that he knew about the order before he made the deletions.
In the letter, Chaffetz says a recent FBI report about the deletions “raises questions to whether [Combetta] violated federal statutes that prohibit destruction of evidence and obstruction of a Congressional investigation.”
Additionally, Combetta took part in conference calls with Clinton’s lawyers just days before and after the deletions, but the FBI was unable to determine what was said in those communications, possibly due to an assertion of attorney-client privilege. In the letter, Chaffetz wants an explanation from PRN how Combetta could refuse to talk to the FBI about the conference calls if the only lawyers involved were Clinton’s. (Salon, 9/6/2016)
September 7, 2016 - FBI Director James Comey writes a letter to FBI employees defending the FBI's actions in its Clinton email investigation.
The letter is released to CNN on the same day, and publicly published in full. Addressing his decision not to recommend the indictment of Clinton, Comey writes, “At the end of the day, the case itself was not a cliff-hanger; despite all the chest-beating by people no longer in government, there really wasn’t a prosecutable case.”
CNN also reports that over the past several weeks, “Comey has met with groups of former FBI agents as part of his routine visits to field offices around the country. In at least one recent such meeting, according to people familiar with the meeting, former agents were sharply critical of the FBI’s handling of the Clinton probe and particularly the decision to not recommend charges against Clinton. Comey gave the meeting participants a similar answer about the case not being a cliff-hanger.” (CNN, 9/7/2016)
A later CNN article will identify the particularly contentious meeting as taking place in Kansas City. (CNN, 11/2/2016)
In the letter, Comey also defends his decision to release the FBI’s final report on the investigation (with significant redactions). That was a highly unusual move, because that usually only happens after an indictment or conviction. He makes a particular point to defend the timing of the report’s release, as it came out on a Friday afternoon just before the three-day Labor Day weekend.
He concludes the letter: “Those suggesting that we are ‘political’ or part of some ‘fix’ either don’t know us, or they are full of baloney (and maybe some of both).” (CNN, 9/7/2016) (CNN, 9/7/2016)
September 7, 2016 - FBI Director Comey defends the timing of the release of the FBI Clinton email investigation's final report.
On September 6, 2016, House Speaker Paul Ryan complains how the report was release on the Friday afternoon before a three-day weekend.
The next day, FBI Director James Comey writes a letter to FBI staff that is immediately published in full by CNN. In it, he asserts that the review process allowing the report’s public release was finished on a Friday morning, September 2, 2016, so he published it later that same day.
He goes on to say, “I almost ordered the material held until [the next] Tuesday because I knew we would take all kinds of grief for releasing it before a holiday weekend, but my judgment was that we had promised transparency and it would be game-playing to withhold it from the public just to avoid folks saying stuff about us. We don’t play games. So we released it Friday. We are continuing to process more material and will release batches of documents as they are ready, no matter the day of the week.” (CNN, 9/7/2016) (CNN, 9/7/2016)
September 8, 2016 - The US presidential race is tightening, mainly due to Clinton's email and Clinton Foundation controversies.
A CNN/ORC poll indicates that Clinton’s email controversy is negatively impacting her chances to defeat Donald Trump in the November 2016 presidential election. Over the past month, she went from having a commanding lead over Trump to a narrow one.
In March 2015, when reporting on her email controversy began, 46 percent of registered voters agreed with the statement that her use of the server is “an important indicator of her character and ability to serve as president.” That number has risen steadily in other CNN polls to 62 percent in the most recent one.
Sixty percent also say the Clinton Foundation should be shut down either now or if she becomes president. (CNN, 9/9/2016)
The next day, the Washington Post comments on the poll results in an article with the title: “Hillary Clinton’s email server is why this race is still close.” It argues that Trump’s popularity poll numbers make him the most unpopular presidential nominee in modern history. But Clinton’s popularity has declined to be basically as bad as Trump’s. “And the reason is clear: The email story is absolutely killing her — and ruining what might otherwise be a coronation. … [I]f you look closely, perceptions about her email server track closely with her overall image and her perceived honesty and trustworthiness.” (The Washington Post, 9/9/2016)
September 8, 2016 - The FBI gave an immunity deal to the computer employee who deleted and wiped Clinton's emails.
The New York Times reveals that the Platte River Networks (PRN) employee mentioned in a recently released FBI report who deleted and then wiped Clinton’s emails from her private server in March 2015 is named Paul Combetta. Furthermore, at some unknown point during the investigation, the FBI gave him an immunity deal. This is “according to a law enforcement official and others briefed on the investigation.”
It was reported in March 2016 that Clinton computer technician Bryan Pagliano got an immunity deal, but Combetta’s deal stayed secret. Even the FBI’s Clinton email investigation final report, released on September 2, 2016, makes no mention of it. The report also redacted every mention of Combetta’s name, but the Times says “the law enforcement official and others familiar with the case identified the employee as Mr. Combetta.”
Clinton spokesperson Brian Fallon says the deletions by Combetta have already been “thoroughly examined by the FBI prior to its decision to close out this case.”
However, many questions remain, including why Combetta got immunity and when. He was interviewed by the FBI twice, and his answers in his second interview sometimes directly contradict his answers in his first interview, meaning he had to have lied to the FBI at least once, which is a felony. In his second interview also admitted to deleting Clinton’s emails despite being aware of a Congressional order to preserve her emails, which would suggest an admission of additional crimes.
Fallon also comments, “As the FBI’s report notes, neither Hillary Clinton nor her attorneys had knowledge of the Platte River Network employee’s actions. It appears he acted on his own and against guidance given by both Clinton’s and Platte River’s attorneys to retain all data in compliance with a congressional preservation request.”
The House Oversight Committee has asked PRN employees, including Combetta, to appear at a committee hearing on September 13, 2016, about how the email deletions and other matters. (The New York Times, 9/8/2016)
September 8, 2016 - The Denver Post editorial board suggests the deletion of Clinton emails is a “fishy story."
The Denver Post’s editorial board publishes an editorial on September 8, 2016, entitled “A fishy story in Platte River Networks’ purge of Clinton e-mails.” It focuses on Platte River Networks (PRN) employee Paul Combetta’s FBI interview and his deletion and wiping of Clinton’s emails with a program “wonderfully named BleachBit.”
The editorial mentions Combetta’s “sudden remembrance” to delete the emails, and a subsequent conference call between PRN officials and a “longtime Clinton aide and personal lawyer.” When the FBI eventually attempted to investigate the conference call, they were met with Combetta’s claim of attorney-client privilege. The editorial states, “That just looks awful. So [it’s] little wonder the Republican chairman of the House committee investigating Clinton’s e-mail arrangement — Utah’s Jason Chaffetz — has asked federal prosecutors to investigate whether she or others were involved in the decision to destroy those emails following the preservation order.”
The Post argues “the information from the [FBI’s] summary of its investigation doesn’t sit well. It’s reasonable to ask why the FBI didn’t look deeper. It’s reasonable to ask why [Combetta] would act if, as the logic of the cover story must argue, the emails were simply personal notes about yoga appointments and being a grandmother.”
The editorial agrees with Chaffetz’s call for the Justice Department “to investigate and determine whether Secretary Clinton or her employees and contractors violated statutes that prohibit destruction of records, obstruction of congressional inquiries and concealment of cover-up of evidence material to a congressional committee.” It closes by saying, “something about this story feels whitewashed — or maybe bleached out is the better term for it now.” (The Denver Post, 9/8/2016)
September 9, 2016 - A Congressperson serves the FBI a subpoena for all the unredacted interviews from the FBI's Clinton investigation.
FBI acting legislative affairs officer Jason Herring testifies before the House Oversight and Government Reform Committee.
He is asked by Representative Jason Chaffetz (R), chair of the committee, to promise to hand over all of the FBI interview summaries, known as 302s, in unredacted form.
Herring says he can’t do that, and suggests that Chaffetz should file a Freedom of Information Act (FOIA) request, just like any private citizen can.
Committee member Representative Trey Gowdy (R) later complains, “Since when did Congress have to go through FOIA to obtain 302s?”
Chaffetz replies to Henning, “You don’t get to decide what I get to see. I get to see it all.” Then he brings out a subpoena. He sends it to the witness table where Henning is sitting, and says, “I’ve signed this subpoena. We want all the 302s… and you are hereby served.”
In fact, Chaffetz’s committee has some of the 302s already, but all “personally identifiable information” has been redacted from them. The committee wants to know more about the role of Paul Combetta in deleting and the wiping all of Clinton’s emails from her personal server, but since Combetta is a Platte River Networks (PRN) employee and not a government employee, much information about what he did has been redacted.
Representative Carolyn Maloney (D), a member of the committee, claims the obstacle to Chaffetz seeing the redactions actually is the House Intelligence Committee, not the FBI. Chaffetz has asked House Intelligence chair Representative Devin Nunes (R) for access to the unredacted versions, but no vote on that request has been taken or scheduled yet.
However, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, also complains about how the FBI is not letting his committee see unredacted documents from the investigation. “The FBI is trying to have it both ways. At the same time it talks about unprecedented transparency, it’s placing unprecedented hurdles in the way of Congressional oversight of unclassified law enforcement matters. It turned over documents, but with strings attached. … The Senate should not allow its controls on classified material to be manipulated to hide embarrassing material from public scrutiny, even when that material is unclassified.” (Politico, 9/12/2016)
Two other Congressional committees formally asked the Justice Department on September 9, 2016 for the full FBI interviews of Combetta and other PRN employees. (US Congress, 9/9/2016)
September 9, 2016 - The Washington Post editorial board writes an editorial with the title: "The Hillary Clinton email story is out of control."
The editorial states: “Ms. Clinton’s emails have endured much more scrutiny than an ordinary person’s would have, and the criminal case against her was so thin that charging her would have been to treat her very differently. … Anyone who claims that Ms. Clinton should be in prison accuses, without evidence, the FBI of corruption or flagrant incompetence.”
The editorial concludes: “Ms. Clinton is hardly blameless. She treated the public’s interest in sound record-keeping cavalierly. A small amount of classified material also moved across her private server. But it was not obviously marked as such, and there is still no evidence that national security was harmed. … There is no equivalence between Ms. Clinton’s wrongs and Mr. Trump’s manifest unfitness for office.” (The Washington Post, 9/8/2016)
September 9, 2016 - Congressional committees order five people involved with the management of Clinton's private server to speak in a public hearing.
Representative Jason Chaffetz (R), the chair of the House Oversight and Government Reform Committee, orders two Platte River Networks (PRN) employees and three others to testify before a Congressional hearing, on September 13, 2016. PRN is the company that managed Clinton’s private server. The following people are ordered to appear:
- Paul Combetta. He is a PRN employee. On September 8, 2016, the New York Times revealed that Combetta deleted and wiped Clinton’s emails from her private server, and he also got an immunity deal from the Justice Department as part of the FBI’s Clinton email investigation. Congressional committees issued subpoenas for PRN interviews on August 22, 2016, after asking without coersion since September 2015.
- Bill Thornton. He also is a PRN employee. The FBI’s final report indicated two PRN employees worked on Clinton’s server, so it seems probable he is the other one.
- Bryan Pagliano. He managed Clinton’s server until PRN took over. He was previously subpoenaed by the House Committee on Benghazi, but he pleaded the Fifth. However, he cooperated with the FBI after also getting an immunity deal.
- Justin Cooper. He is a member of Bill Clinton’s staff and helped Pagliano manage the server.
- Austin McChord. He is CEO of Datto, Inc. PRN subcontracted Datto to make back-up copies of the server. (The Wall Street Journal, 9/9/2016) (US Congress, 9/9/2016)
September 9, 2016 - Representative Gowdy says the FBI "gave immunity to the very person you would most want to prosecute."
Representative Trey Gowdy (R) comments about a New York Times article from the day before that revealed Platte River Networks employee Paul Combetta was not only the person who deleted and wiped Clinton’s emails, but was the person who got an immunity deal from the FBI.
Gowdy says there are two types of immunity Combetta could have received: use and transactional. “If the FBI and the Department of Justice gave this witness transactional immunity, it is tantamount to giving the triggerman immunity in a robbery case.”
Gowdy, who is a former federal prosecutor, says that Combetta “destroyed official public records” despite a subpoena and preservation order from lawmakers for the documents. He adds that he is “stunned” because “It looks like they gave immunity to the very person you would most want to prosecute.” (Fox News, 9/9/2016)
September 9, 2016 - A former Justice Department official criticizes how the FBI permitted legally questionable behavior by Cheryl Mills during its Clinton email investigation.
Cheryl Mills was Clinton’s chief of staff while Clinton was secretary of state, then she was hired to be one of Clinton’s lawyers in 2013, setting up a potential conflict of interest between her different roles. In April 2016, she was interviewed by the FBI, but refused to answer certain questions, claiming attorney-client privilege.
Ronald J. Sievert, a former assistant director at the Justice Department and member of the department’s National Security Working Group, said the FBI easily could have gone to court to challenge Mills’ privilege claim. But that didn’t happen.
Mills also was allowed to attend Clinton’s July 2016 FBI interview as one of Clinton’s lawyers, even though she directly participated in many of the matters being discussed by Clinton when Mills was in her chief of staff role.
Sievert comments, “There seems universal agreement among those of us who know the law that no regular US government employee could get away with this.” (The New York Post, 9/9/2016)
September 9, 2016 - WikiLeaks could release up to 100,000 pages of new material related to Clinton before the presidential election.
This is according to an interview with WikiLeaks leader Julian Assange. “We have tens of thousands, possibly as many as a hundred thousand, pages of documents of different types, related to the operations that Hillary Clinton is associated with.”
WikiLeaks released almost 20,000 Democratic National Committee (DNC) emails just before the July Democratic presidential convention. He says regarding new releases, “There are some, several … in response to the DNC publications, a lot of people have been inspired by the impact, and so they have stepped forward with additional material.”
He adds, “It’s quite a complex business to sort things, to index them, make sure they’re presentable, to see what the top initial angles are that come out. We’re a small shop. We’re here around the clock. We understand quite much the time pressures that people have, and how significant it is to try and get that out. We worked like hell to get the DNC publication out before the DNC, the day before the DNC.”
“I am very confident we’re going to get this material out before, long before, the day of the [November 2016 presidential] election.” (The Washington Examiner, 9/8/2016)
September 12, 2016 - Senator Grassley accuses the FBI of manipulating which information about the Clinton email investigation becomes public in order to hide certain events.
Senator Charles Grassley (R), chair of the Senate Judiciary Committee, speaks in the Senate about difficulties he is having with the FBI’s selective release of information regarding the FBI’s Clinton email investigation.
He points out that the FBI has taken the unusual step of releasing the FBI’s final report and Clinton interview summary. “However, its summary is misleading or inaccurate in some key details and leaves out other important facts altogether.”
He says there are dozens of completely unclassified witness reports, but even some Congressional staffers can’t see them “because the FBI improperly bundled [them] with a small amount of classified information, and told the Senate to treat it all as if it were classified.”
He says the normal procedure is for documents to have the classified portions marked. Then the unclassified portions can be released. But in defiance of regulations and a clear executive order on how such material should be handled, “the FBI has ‘instructed’ the Senate office that handles classified information not to separate the unclassified information.”
He points in particular to recently revealed news that Paul Combetta, an employee of the company (Platte River Networks) that managed Clinton’s private server from June 2013 onwards, deleted and wiped all of Clinton’s emails from the server in March 2015. Grassley claims “there is key information related to that issue that is still being kept secret, even though it is unclassified. If I honor the FBI’s ‘instruction’ not to disclose the unclassified information it provided to Congress, I cannot explain why.”
He also says, “Inaccuracies are spreading because of the FBI’s selective release. For example, the FBI’s recently released summary memo may be contradicted by other unclassified interview summaries that are being kept locked away from the public.”
He says he has been fighting the FBI on this, but without success so far, as the FBI isn’t even replying to his letters. (US Senate, 9/13/2016) (YouTube, 9/13/2016)
September 12, 2016 - Pagliano indicates he will plead the Fifth again, despite a subpoena to testify before Congress.
Lawyers for Bryan Pagliano, the State Department employee who managed Clinton’s server when she was secretary of state, indicate he will plead the Fifth Amendment yet again. He was given a subpoena to speak before a Congressional hearing the next day, on September 13, 2016.
Pagliano refused to speak before a Congressional inquiry in September 2015, refused to take questions for a State Department inspector general’s report published in May 2016, pled the Fifth when he was deposed in a Freedom of Information Act (FOIA) lawsuit in June 2016, and only took part in the FBI’s Clinton investigation after agreeing to an immunity deal.
Pagliano’s five lawyer team, led by Mark MacDougall, claim: “Any effort to require Mr. Pagliano to publicly appear this week and again assert his Fifth Amendment rights before a committee of the same Congress, inquiring about the same matter as the Benghazi Committee, furthers no legislative purpose and is a transparent effort to publicly harass and humiliate our client for unvarnished political purposes.”
Justin Cooper, a Bill Clinton aide who helped Pagliano manage the server, reportedly has indicated that he will answer questions in the hearing. (The Washington Post, 9/12/2016)
The next day, Pagliano will fail to appear before the Congressional hearing at all.
September 13, 2016 - Representative Chaffetz claims that fewer than 20 of Pagliano's emails have been recovered.
In comments during a Congressional hearing relating to Clinton’s use of a private server, Representative Jason Chaffetz (R) comments about Clinton’s server manager Bryan Pagliano, “[I]t’s our understanding [that] Mr. Pagliano worked in the I.T. department at the State Department nearly four years yet virtually every single email Mr. Pagliano had has suddenly disappeared. There’s something like less than 20 emails…”
Chaffetz also says, “Mr. Pagliano is important because he was receiving a paycheck from the Clintons but failed to disclose that on his financial forms. We’d like to give him an opportunity to answer that question. We also believe he entered into an immunity agreement. You’d think somebody would sing like a songbird if you got immunity from the FBI. What are you afraid of?”
Pagliano cannot answer the question because he fails to attend the hearing, despite a Congressional subpoena to do so. (US Congress, 9/13/2016)
It has been reported that the .pst file containing all of Pagliano’s State Department emails has been lost.
The FBI Clinton email investigation’s final report failed to mention the issue of Pagliano’s lost emails or how many of his emails the FBI had or found. (Federal Bureau of Investigation, 9/2/2016)
September 13, 2016 - A Congressperson alleges that Clinton is responsible for a computer company not complying with a Congressional subpoena related to Clinton's private server.
On September 12, 2016, a deadline to respond to a subpoena issued by a Congressional committee passed. Three companies involved in the management of Clinton’s private server had been given the subpoena, and one – Datto, Inc. – responded in time with documents, while the other two – Platte River Networks (PRN) and SECNAP, Inc. – did not.
The next day, Representative Lamar Smith (R) comments in a related Congressional hearing, “just this morning… SECNAP’s [legal] counsel confirmed to my staff that the Clinton’s private LLC [Clinton Executive Service Corp.] is actively engaged in directing their obstructionist responses to Congressional subpoenas.” (US Congress, 9/13/2016)
Clinton’s lawyer will later confirm that he is prohibiting SECNAP from fully complying with a subpoena.
September 13, 2016 - Two former managers of Clinton's private server plead the Fifth before a Congressional hearing; one other fails to appear at all.
The House Oversight and Government Reform Committee holds a public hearing related to the management of Clinton’s private server. Four people associated with the management of Clinton’s private server had been served by Congressional subpoenas on September 8, 2016 to force them to testimony:
- Bryan Pagliano, a former State Department employee who managed Clinton’s server while she was secretary of state. He defies the subpoena by failing to appear at all.
- Justin Cooper, a former Bill Clinton aide who helped Pagliano manage the server. He does answer questions for nearly two hours at the hearing.
- Paul Combetta, a Platte River Networks (PRN) employee, which managed the server from June 2013 until at least late 2015. He deleted and then wiped all of Clinton’s emails from her server. He fails to answer any questions and pleads the Fifth instead.
- Bill Thornton, another PRN employee who managed the server with Combetta. He also to answer any questions and pleads the Fifth instead.
Pagliano’s lawyers have complained the hearing is politically biased and he will continue to refuse to participate. He has also failed to cooperate with another Congressional committee in 2015, a State Department inspector general’s investigation, and a deposition in a Freedom of Information Act (FOIA) lawsuit.
Representative Jason Chaffetz (R) says of Pagliano’s refusal to appear: “He made the decision not to be here and there are consequences for that. … We’ll look at the full range of options. If anybody is under any illusion I’m going to let go of this and let it sail off into the sunset they are very ill-advised.” However, he doesn’t specify what the penalties might be. (The Associated Press, 9/13/2016) (US Congress, 9/13/2016)
Austin McChord, the CEO of Datto, Inc., was also scheduled to appear, but there is no mention of him. Presumably, he is rescheduled for another hearing.
September 13, 2016 - Justin Cooper was an administrator of Clinton's private server and yet had no security clearance; Clinton apparently wasn't asked about this.
Justin Cooper worked with Bryan Pagliano to manage Clinton’s private server while she was secretary of state. But while Pagliano was a State Department employee, Cooper was an aide to former President Bill Clinton as well as a Clinton Foundation employee. When Cooper testifies before a Congressional committee on this day, he is asked by Representative Jason Chaffetz (R) if he had a security clearance while he was helping to manage the server.
He replies, “No, I did not have a security clearance.”
He mentions that he worked in the White House from 2000 to 2001, but he is not asked if he had a security clearance in those years. However, he mentions that he wasn’t involved in handling classified information at that time.
Chaffetz also asks him, “You had access to the server the entire time you were working for the Clintons?”
He answers, “Yes I had access to the server.”
He also mentions that both he and Pagliano had remote access, which means they could have accessed Clinton’s emails over the Internet at any time. (US Congress, 9/13/2016)
Curiously, the FBI Clinton email investigation’s final report, released earlier in September 2016, doesn’t mention Cooper’s lack of a security clearance. Nor is it mentioned in the summary of Clinton’s July 2016 FBI interview, which is made public in early September 2016 as well, if Clinton knew Cooper had no security clearance when she hired him and continued to pay him for managing the server. (Federal Bureau of Investigation, 9/2/2016)