Bryan Pagliano

April 23, 2019 – FBI official, Bill Priestap, admits Hillary Clinton’s emails were found in Obama White House

Bill Priestap (Credit: Tom Williams/CQ Roll Call/Getty Images)

Judicial Watch announced today that a senior FBI official admitted, in writing and under oath, that the agency found Clinton email records in the Obama White House, specifically, the Executive Office of the President. The FBI also admitted nearly 49,000 Clinton server emails were reviewed as result of a search warrant for her material on the laptop of Anthony Weiner.

E.W. (Bill) Priestap, assistant director of the FBI Counterintelligence Division, made the disclosure to Judicial Watch as part of court-ordered discovery into the Clinton email issue.

Priestap was asked by Judicial Watch to identify representatives of Hillary Clinton, her former staff, and government agencies from which “email repositories were obtained.” Priestap responded with the following non-exhaustive list:

  • Bryan Pagliano
  • Cheryl Mills
  • Executive Office of the President [Emphasis added]
  • Heather Samuelson
  • Jacob Sullivan
  • Justin Cooper
  • United States Department of State
  • United States Secret Service
  • Williams & Connolly LLP

Priestap also testifies that 48,982 emails were reviewed as a result of a warrant for Clinton email account information from the laptop of Anthony Weiner, who had been married to top Clinton aide Huma Abedin.

A complete copy of Priestap’s interrogatory responses is available here. Priestap, is serving as assistant director of the FBI’s counterintelligence division and helped oversee both the Clinton email and the 2016 presidential campaign investigations. Priestap testified in a separate lawsuit that Clinton was the subject of a grand jury investigation related to her BlackBerry email accounts.

“This astonishing confirmation, made under oath by the FBI, shows that the Obama FBI had to go to President Obama’s White House office to find emails that Hillary Clinton tried to destroy or hide from the American people.” said Judicial Watch President Tom Fitton. “No wonder Hillary Clinton has thus far skated – Barack Obama is implicated in her email scheme.”

Priestap was ordered to answer the written questions by United States District Court Judge Royce C. Lamberth when he ruled in January that Judicial Watch’s discovery could begin in Hillary Clinton’s email scandal. This action came in Judicial Watch’s July 2014 FOIA lawsuit for:

Copies of any updates and/or talking points given to Ambassador Rice by the White House or any federal agency concerning, regarding, or related to the September 11, 2012 attack on the U.S. consulate in Benghazi, Libya.

Any and all records or communications concerning, regarding, or relating to talking points or updates on the Benghazi attack given to Ambassador Rice by the White House or any federal agency. (Read more: Judicial Watch, 4/23/2019)

The FBI never asked Clinton’s aides for all their computers and mobile devices.

Politico reports that the FBI never asked Clinton’s top aides for their computers and mobile devices as part of the FBI’s Clinton email investigation. An unnamed source familiar with the investigation says, “No one was asked for devices by the FBI.”

Because the investigation didn’t have subpoena power, it could only ask for people to cooperate, or make immunity deals with them. The FBI did make an effort to get Clinton’s computers and mobile devices, and made immunity deals with Clinton lawyers Cheryl Mills and Heather Samuelson to get their computer laptops, but FBI requests didn’t go much beyond that.

Bob Goodlatte (Credit: Bill O'Leary / Getty Images)

Bob Goodlatte (Credit: Bill O’Leary / Getty Images)

Bob Goodlatte (R), chair of the House Judiciary Committee, says, “The more we learn about the FBI’s initial investigation into Secretary Clinton’s unauthorized use of a private email server, the more questions we have about the thoroughness of the investigation and the administration’s conclusion to not prosecute her for mishandling classified information.”

Politico suggests that the FBI might not have asked for what Clinton’s aides possessed because of a focus on Clinton and her server and mobile devices. “It’s also possible the FBI or prosecutors elected not to demand all the Clinton aides’ computers and other electronics because doing so might have triggered a legal battle that could have slowed the probe.”

The issue about what Clinton’s aides may have possessed came to the fore after the FBI reopened the Clinton email investigation after emails belonging to top Clinton aide Huma Abedin were discovered on a computer owned by her estranged husband Anthony Weiner. In an April 2016 FBI interview and then in a public deposition in a Freedom of Information Act (FOIA) lawsuit in June 2016, Abedin said she gave her lawyers all devices she thought might contain State Department-related emails. However, it appears no government entity ever asked for any of her devices, so her lawyers never gave them up to anyone.

Abedin was asked for all her work-related emails from her time in the State Department in another FOIA lawsuit, but not the computers or devices the emails were stored on.

The same appears to be true for other top Clinton aides like Cheryl Mills, Jake Sullivan, Bryan Pagliano, and others, with the few exceptions noted above.(Politico, 11/1/2016)

An unnamed high-ranking FBI official claims that the “vast majority” of agents working on the FBI’s Clinton email investigation believe Clinton should have been indicted.

The “high-ranking FBI official” speaks to Fox News on the condition of anonymity, but the person’s “identity and role in the case has been verified by FoxNews.com.” According to this source, “No trial level attorney agreed, no agent working the case agreed, with the decision not to prosecute” anyone in the investigation at all, but “it was a top-down decision” by FBI Director James Comey.

The source says that when it came to Clinton specifically, “It is safe to say the vast majority felt she should be prosecuted. We were floored while listening to the FBI briefing [on July 5, 2016] because Comey laid it all out, and then said ‘but we are doing nothing,’ which made no sense to us.” And while it might not have been a totally unanimous decision to recommend Clinton’s indictment, “It was unanimous that we all wanted her [Clinton’s] security clearance yanked.” However, even that never happened, despite it being standard procedure in similar cases.

The source adds that FBI agents were particularly upset that Comey unilaterally made the decision not to indict when the FBI’s role is merely to present an investigative report to the Justice Department. “Basically, James Comey hijacked the [Justice Department]’s role by saying ‘no reasonable prosecutor would bring this case.’ The FBI does not decide who to prosecute and when, that is the sole province of a prosecutor. … I know zero prosecutors in the [Justice Department]’s National Security Division who would not have taken the case to a grand jury. One was never even convened.” Without a grand jury, FBI agents were not allowed to issue subpoenas or search warrants and could only request evidence and interviews.

The source also complains that the FBI required its agents and analysts involved in the investigation to sign non-disclosure agreements. “This is unheard of, because of the stifling nature it has on the investigative process.”

Furthermore, immunity deals were made with five key figures in the investigation: Cheryl Mills, Bryan Pagliano, Paul Combetta, John Bentel, and Heather Samuelson. The source says none of them should have been granted immunity if no charges were being brought. “[Immunity] is issued because you know someone possesses evidence you need to charge the target, and you almost always know what it is they possess. That’s why you give immunity. … Mills and Samuelson receiving immunity with the agreement their laptops would be destroyed by the FBI afterwards is, in itself, illegal. We know those laptops contained classified information. That’s also illegal, and they got a pass.”

Additionally, “Mills was allowed to sit in on the interview of Clinton as her lawyer. That’s absurd. Someone who is supposedly cooperating against the target of an investigation [being] permitted to sit by the target as counsel violates any semblance of ethical responsibility.”

The source also comments, “Every agent and attorney I have spoken to is embarrassed and has lost total respect for James Comey and [Attorney General] Loretta Lynch. The bar for [the Justice Department] is whether the evidence supports a case for charges — it did here. It should have been taken to the grand jury.”

Finally, the source claims that many in the FBI and the Justice Department believe Comey and Lynch were motivated by ambition instead of justice. “Loretta Lynch simply wants to stay on as attorney general under Clinton, so there is no way she would indict. James Comey thought his position [heavily criticizing Clinton even as he decides against indicting her] gave himself cover to remain on as director regardless of who wins.”

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano, a former judge and judicial analyst for Fox News, also claims to know of many law enforcement agents involved with the Clinton email investigation who have similar beliefs. He says, “It is well known that the FBI agents on the ground, the human beings who did the investigative work, had built an extremely strong case against Hillary Clinton and were furious when the case did not move forward. They believe the decision not to prosecute came from the White House.” (Fox News, 10/12/2016)

The next day, Malia Zimmerman, a co-writer of the article, is questioned on Fox News television. She claims that she has been speaking to other disgruntled FBI agents as well. “They’re saying that the morale is very low and that a lot of them are looking for other jobs. They’re very disappointed. They feel like the agency has been polluted… and they’re embarrassed. They feel like they’ve been betrayed.”

She adds that some of her sources might be willing to speak on the record if they retire or change jobs, which some of them are in the process of doing. But they are currently worried about retaliation. “There are a lot of disgruntled agents, analysts, and [Justice Department] attorneys as well.” These people feel Clinton could have been charged for various reasons, but her 22 “top secret” emails made the most compelling case. (Fox News, 10/13/2016)

Three more people were given immunity deals in the FBI’s Clinton investigation.

Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, claims the Justice Department was “handing out immunity deals like candy” in the Clinton email investigation. Chaffetz claims the Justice Department “exempted key physical evidence from any potential criminal case against the aides.”

According to Chaffetz, three former Clinton aides – Cheryl Mills, Heather Samuelson, and John Bentel – were granted immunity deals in exchange for their cooperation. Mills was Clinton’s chief of staff and then has been one of her lawyers  Samuelson was a State Department aide and then also has been a Clinton lawyer. Bentel was director of the department’s Office of Information Resources Management (IRM).

The Justice Department provided copies of the immunity agreements to the House Oversight Committee this week, under seal. The information was then leaked to the Associated Press.

Mills “gave federal investigators access to her laptop on the condition that what they found couldn’t be used against her.” It is believed the same happened to Samuelson. Bentel apparently refused to be interviewed by the FBI until he got an immunity deal.

This brings the total number of people who were granted immunity as part of the FBI’s investigation to at least five. It has previously been reported that Bryan Pagliano and Paul Combetta were given immunity for their cooperation with the FBI. (The Associated Press, 09/23/16)

A Congressional committee votes that Pagliano should be held in contempt of Congress.

Bryan Pagliano (Credit: public domain)

Bryan Pagliano (Credit: public domain)

Bryan Pagliano, who managed Clinton’s server when she was secretary of state, recently was served a subpoena to testify before the House Oversight and Government Reform Committee. But instead of pleading the Fifth, as two others did, he failed to appear altogether. The committee holds another hearing on this day, and he fails to appear again. As a result, the committee immediately votes on party lines, 19 to 15, to recommend that the House of Representatives hold him in contempt of Congress.

Representative Jason Chaffetz (R), chair of the committee, says, “Subpoenas are not optional. Mr. Pagliano is a crucial fact witness in this committee’s investigation of former Secretary of State Hillary Clinton’s use of a private server to conduct government business.”

After a required two day wait time, the resolution can be voted on by the entire House to be adopted.

Democrats on the committee argue repeatedly that the move is a politically motivated abuse of power meant to influence the November 2016 presidential election.

A letter by Pagliano’s lawyer Mark McDougall to the committee similarly claims that efforts to force Pagliano to testify show a “naked political agenda” with “no valid legislative aim.” McDougall says Pagliano is ready to appear behind closed doors, but will not appear in public. (The Hill, 9/22/2016) (Politico, 9/22/2016)

Congressional Republicans press for more documents from the FBI’s Clinton investigation.

The House Oversight and Government Reform Committee holds a classified hearing with Peter Kadzik, the Justice Department’s assistant attorney general for legislative affairs, to discuss document requests. Although the hearing is held behind closed doors, Politico will report on what takes place several days later.

Peter Kadzik (Credit: Molly Riley / The Associated Press)

Peter Kadzik (Credit: Molly Riley / The Associated Press)

Republicans believe the hearing is necessary because their request for a completely unredacted copy of the FBI’s Clinton investigation report has gone unanswered. They also have questions about the immunity deals the department handed out during the Clinton email investigation, and want to know who else besides Bryan Pagliano and Paul Combetta (both managers of Clinton’s private servers) received legal protection, who agreed to the immunity deals, and whether the deals require recipients to cooperate with other investigative bodies.

Politico writes, “Kadzik wouldn’t say. A Democratic source said he could not answer the questions because Republicans had only asked for the information a few hours earlier in a letter to the Justice Department, and the answers weren’t fully researched.”

Kadzik’s refusal to answer their questions doesn’t go over well with Republicans, and according to one Republican source, “the meeting deteriorate[s] from there.” Another Republican threatens a public hearing where Kadzik would have to testify if he fails to provide the information requested, and in effect dares him to say that “Congress [isn’t] entitled to it.”

The Justice Department will deliver the unredacted copies of the immunity agreements for Pagliano and Combetta on September 22, 2016, and the immunity agreements for former State Department officials Cheryl Mills, Heather Samuelson, and John Bentel will be provided the following day. (Politico, 09/23/2016)

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:

Paul Combetta (left) Bill Thornton (center) Justin Cooper (right) (Credit: CSpan)

Paul Combetta (left) Bill Thornton (center) Justin Cooper (right) (Credit: CSpan)

  • 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.

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…”

Bryan Pagliano’s empty chair at the hearing. (Credit: CSpan)

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)

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.

Mark MacDougall (Credit: Akin Gump)

Mark MacDougall (Credit: Akin Gump)

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.

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:

Those subpoenaed to appear before the House Oversight committee are from left to right: Paul Combetta, Bryan Pagliano, Justin Cooper and Alex McChord and Bill Thornton. (Credits: public domain)

  • 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)