David Kendall

August 14, 2019 – Grassley/Johnson report suggests a mole with Clinton ties was suspected of leaking from IC IG team during email probe

The Intelligence Community Inspector General — whose office performed some of the most important work on the probe into Hillary Clinton’s use of a private email server — suspected someone on his team was leaking information, Senate testimony shows. His counsel was tied to the Clintons.

The suspected mole is now working for the Trump administration in the Office of the Director of National Intelligence (ODNI), according to the testimony.

After returning from the State Department, an ICIG investigator noticed a Jeep that began tailing him and his colleagues and even rummaging through recycling, according to testimony in a Senate report by GOP Sens. Ron Johnson of Wisconsin and Chuck Grassley of Iowa released Wednesday.

ICIG Charles McCullough, an Obama nominee, said he was eventually pushed out of federal service under pressure from California Democratic Sen. Dianne Feinstein and others.

Rev. Wogaman with Bill and Hillary Clinton after services. (Credit: public domain)

An investigator for the ICIG, Frank Rucker, told Senate investigators the office suspected their ICIG colleague Paul Wogaman, the son of the Bill and Hillary Clinton’s longtime pastor and adviser, was leaking.

He is the son of Rev. J. Philip Wogaman, who during the Clinton presidency, was pastor of Foundry United Methodist Church, which the Clintons attended.

(…) On Feb. 9, 2016, Clinton’s lawyer David Kendall wrote to Cheryl Mills, another top aide and lawyer: “Just talked to [redacted] — about our favorite son. He’s meeting with OSC today, which is good and a step in the right direction, but nothing yet public. [Redacted] said she’d heard — but second/third hand (and not from son) that IC IG was handing out anti-HRC clips to journalists. Have we gotten any inkling of that happening? I certainly haven’t, and it seems weird.”

A John Podesta email about mole in IC IG / Grassley report.

Mills forwarded the email to John Podesta, Brian Fallon and other Clinton aides.

The Senate report says Rucker told them Wogaman was “the only male employee on leave the following day when a meeting with [redacted] was supposed to take place according to the email. Therefore, he said, it was believed that Mr. Wogerman [sic] was leaking to [redacted].”

“He said that Mr. McCullough made a decision not to confront Mr. Wogerman [sic],” it continued. Mr. Rucker said that he does not believe that ICIG ever did an official assessment on whether Mr. Wogerman [sic] leaked classified information.”

“He said that Mr. Wogerman [sic] pushed very hard to be included on the investigation, but he was NOT part of it. He said that Mr. Wogerman [sic] now works at ODNI in the mission integration department. Mr. Rucker said that to his knowledge, nobody ever confronted Mr. Wogerman [sic] about it. He said that they all signed non-disclosure agreements or NDA’s regarding their work at ICIG.”

(…) Wogaman now works for the Office of the Director of National Intelligence in the Trump administration, according to the report.” (Read more: The Daily Caller, 8/14/2019)

June 13, 2019 – Heather Samuelson’s Judicial Watch deposition discusses her immunity, when she became aware of the private server and deleting 33,000 emails

Clinton’s email deleting attorneys David Kendall, Cheryl Mills and Heather Samuelson (r). (Credit: public domain)

“Judicial Watch announced today that former Secretary of State Hillary Clinton’s White House Liaison at the State Department, and later Clinton’s personal lawyer, Heather Samuelson, admitted under oath that she was granted immunity by the U.S. Department of Justice in June 2016:

Samuelson: I was provided limited production immunity by the Department of Justice.

Judicial Watch: And when was that?

***

Samuelson: My recollection, it was June 2015 [later corrected to 2016].

A complete copy of her deposition transcript is available here. Samuelson also revealed that, contrary to what she told the FBI in 2016, she was, in fact, aware that Sec. Clinton used a private email account while secretary of state:

Judicial Watch: Ms. Samuelson, when did you first become aware that Secretary Clinton used the e-mail address hdr22@clintonemail.com while she was at the State Department?

Samuelson: I believe I first became aware when either she e-mailed me on personal matters, such as wishing me happy birthday, or when I infrequently would receive e-mails forwarded to me from others at the department that had that e-mail address listed elsewhere in the document.

***

Judicial Watch: Okay. And who were the State Department officials?

Samuelson: I recall Cheryl Mills, but it could have been others.

Samuel’s admission to Judicial Watch that she became aware of Clinton’s non-State.gov emails during her service in the Clinton State Department White House Liaison Office during Clinton’s tenure as secretary of state (January 2009 – February 2013) contradicts the notation in the FBI’s May 24, 2016 302 report on Samuelson’s interview with FBI agents:

Samuelson did not become aware of Clinton’s use of a private email account and server until she was serving as Clinton’s personal attorney.

After Clinton left office, Samuelson worked for a year in the office of the White House Counsel before becoming Clinton’s personal attorney, where, in 2014, she was primarily responsible for conducting the review of Clinton emails and sorting out “personal” emails from government emails, which were returned to the State Department under the direction of Cheryl Mills and Clinton lawyer David Kendall.  After the emails were returned to State, Clinton deleted the rest of the “personal” emails from her server, wiping it clean. Samuelson conducted the review of emails on her laptop, using Clinton server files downloaded from Platte River Networks, which housed the Clinton email server. Judicial Watch questioned her about a “gap” in the emails she discovered:

Judicial Watch: I believe you, during your interview with the FBI, you were asked about a gap in e-mails that you noticed in Secretary Clinton’s e-mails from January 2009 to March of 2009. Do you recall that?

Samuelson: I do.

Judicial Watch: Okay. Can you explain to me what that gap was?

Samuelson: My understanding is — well, I’m sorry. I should say my recollection is when we received the documents — the file from Platte River Networks, there was a period of time that was missing in her e-mails. And that period of time was January 2009 to March 2009.

Judicial Watch: And what did you do as the result of discovering this gap in the e-mails from January 2009 to March 2009?

***

Samuelson: I asked Platte River why we did not have — why they did not provide those.

Judicial Watch: And what did they tell you?

Samuelson: They said they did not have that information.

Judicial Watch: Did Platte River have access during 2014 to the server that housed Secretary Clinton’s e-mails to her Clintonemail.com account –

***

– and was there any discussion as to whether they could obtain Secretary Clinton’s e-mails from that server from January 2009 to March 2009?

***

Samuelson: I did ask them, and they said they did not have any e-mails from that period.

Samuelson also testified in her deposition that she created an “after action memo” in or around December 2014 to memorialize the email search. Samuelson’s lawyer directed her not to answer questions about this memo.” (Read more: Judicial Watch, 6/28/2019)

July 21, 2018 – Katica finds in FBI report, reference to a thumb drive the FBI received from Clinton’s lawyer, and it reveals her emails were being auto-forwarded to a “foreign entity”

Katica @GOPPollAnalyst (Credit: Twitter)

Researcher and Paul Combetta aka Stonetear whistleblower, Katica@GOPPollAnalyst, tweets to Rep. Louie Gohmert after a combined House Judiciary and Oversight Committee hearing. Katica’s tweet was in response to a question Gohmert posed to Peter Strzok regarding a “foreign entity” found on Clinton’s private server, when a forensic analysis was done by the Intelligence Community’s Inspector General’s office.

The forensic analysis revealed nearly all of Clinton’s emails were automatically forwarded to an unknown email address (not Russia). Gohmert said the ICIG investigator, Frank Rucker, presented the findings to Strzok, but that the FBI official did not do anything with the information.

Here is a clip of Louie Gohmert’s exchange with Peter Strzok regarding Clinton’s emails sent to an unauthorized source:

Katica discovered in Part 3 of the FBI Vault report, mention of an unknown email address on Clinton’s server and tweets her findings to Representative Louie Gohmert:

Katica’s tweet to Representative Louie Gohmert (Credit: Twitter)

Katica then tweets: “FBI Vault part 3, page 61: The hackers then used the password to modify the users gmail/yahoo account to auto-forward to [redacted]. “

FBI Vault Part 3, page 61

Katica continues, “One common theme with hackers is they create an email account relatively close to the ID of the person they hacked. Huma: My email address is misspelled…and clintonmail has never been hacked. Part 3, page 89.”

FBI Vault Part 3, page 89

 

The FBI report also states, in February 2011, several State employees were victims of Yahoo and Gmail phishing attacks and Clinton’s private server was affected.(Read more: Katica@GOPPollAnalyst/Twitter, 7/22/2018)

(Timeline editor’s note: Katica constantly amazes us with her discoveries and is one of the few researchers willing to do the painstaking work of reading the Clinton FBI reports, making sense of them and then posting her findings to the public. Her work is invaluable for those seeking documented details.)

October 28, 2016 – Clinton’s personal lawyer David Kendall, emails Baker requesting a call “ASAP” about the Comey letter

Clinton attorney David Kendall (l), enters the hearing room with former Secretary of State Hillary Clinton during a House hearing of the Select Committee on Benghazi, on Thursday, October 22, 2015. (Credit: Mike Sacks/The National Law Journal)

“On October 28, 2016, the day that Comey sent a letter to Congress regarding the FBI’s discovery that the Weiner laptop contained Clinton’s emails. Hillary Clinton’s personal lawyer David Kendall, within hours, email’s Baker requesting a call “ASAP” about the Comey letter. Baker describes his follow-up call to senior FBI officials:

“I received the email below from David Kendall and I called him back. Before doing so I alerted DOJ via email that I would do that.

[Redacted paragraph]

He said that our letter was “tantalizingly ambiguous” and made statements that were “inchoate and highly ominous” such that what we had done was worse than transparency because it allows people to make whatever they want out to make out of the letter to the prejudice of Secretary Clinton.

I told him that I could not respond to his requests at this time but that I would discuss it with others and get back to him.

I suggest that we have some kind of follow up meeting or phone call with this group either this evening or over the weekend to address this and probably other issues/questions that come up in the next 24 hours. Sound reasonable?”

Baker’s heads up on the Kendall call was sent to:

The emails show that a conference call for the above senior officials was set up for the next day by Peter Strzok. (Two days before the election, on November 6, Comey sent a second letter reporting that the FBI’s review of the Weiner laptop material would not change his “conclusion” that Hillary Clinton should not be prosecuted.) (Judicial Watch, 2/11/2019)

September 28, 2016 – November 6, 2016: A recap of how the FBI handles the Weiner laptop

A lawsuit filed by Judicial Watch has unearthed an email [full pdf] from Clinton Lawyer David Kendall to FBI chief legal counsel James Baker on the day the FBI was forced to re-open the Clinton email investigation due to the Weiner laptop.

With the passage of time the inherent issues have become somewhat clouded, and most people have forgotten many of the inherent issues that showcased how the FBI and DOJ had decided in advance not to prosecute Hillary Clinton. However, the key takeaway from this latest FOIA finding is that Clinton lawyers directly contacted the FBI team that was investigating the Weiner laptop.  (Note: read email chain bottom to top)

The Weiner laptop emails were originally discovered by New York investigators and reported to the FBI office in Washington DC on September 28th, 2016. However, the FBI never took action to review the emails until a month later on October 28th.

It was DOJ officials within SDNY (Southern District of New York) who called Main Justice (DOJ in DC) and asked about a needed search warrant a month later that kicked off the review.

Let’s look at the Page/Strzok messages and remind ourselves of what was going on.

Here are the messages from Lisa Page and Peter Strzok surrounding the original date that New York officials notified Washington DC FBI.  It’s important to note the two different entities: DOJ -vs- FBI.

According to the September 28, 2016, messages from FBI Agent Peter Strzok it was the SDNY in New York telling Andrew McCabe in DC about the issue.  Pay close attention to the convo:

(pdf source for all messages here)

Notice: “hundreds of thousands of emails turned over by Weiner’s attorney to SDNY”.   This is not an outcome of a New York Police Dept. raid on Anthony Weiner.  This is Weiner’s attorney going to the U.S. attorney and voluntarily turning over the laptop and by extension the emails.  The emails were not turned over to the FBI in New York, the actual emails were turned over to the U.S. Attorney in the Southern District, Preet Bahara.

The SDNY then called the FBI Mid-Year-Exam team in Washington DC, FBI Deputy Director Andrew McCabe was notified, and then nothing happened for over three weeks.

On October 21, 2016, a phone call kicks off additional inquiry.  This is the call referenced by James Comey in the Bret Baier interview.

Someone from New York called “Main Justice” (the DOJ National Security Division in DC) and notified DOJ-NSD Deputy Asst. Attorney General George Toscas of the Huma Abedin/Hillary Clinton emails via the “Weiner investigation.”

George Toscas “wanted to ensure information got to Andy“, FBI Deputy Director Andrew McCabe…. so he called FBI Agent Peter Strzok…. who told George Toscas “we know”.

Peter Strzok then tells Bill Priestap. Of course, Deputy Director Andrew McCabe already knew about the emails since, more than three weeks earlier.

That phone call kicks off an internal debate about the previously closed Clinton email investigation.  And Andrew McCabe sitting on the notification from New York for over three weeks kicks off a second internal FBI discussion about McCabe needing to recuse himself because of the optics of his doing nothing.

It’s October 27th, 2016, James Comey chief-of-staff Jim Rybicki wants McCabe to recuse himself.  But Rybicki is alone on an island. Lisa Page is furious at such a suggestion, partly because she is McCabe’s legal counsel and if McCabe is recused so too is she.

At the same time as they are debating how to handle the Huma Abedin/Hillary Clinton emails, the FBI begin leaking to the media to frame a specific narrative.  The issue of them sitting on the laptop for three weeks and doing nothing is a potentially damning detail.

Important to note here: at no time is there any conversation -or hint of a conversation- that anyone is reviewing the content of the laptop emails.  The discussions don’t mention a single word about content… every scintilla of conversation is about how to handle the issues of the emails themselves.  Actually, there’s not a single person mentioned in thousands of text messages that applies to an actual person who is looking at any content.

Quite simply: there is a glaringly transparent lack of an “investigation”.

Within this “tight group” at FBI, as Comey puts it, there is not a single mention of a person who is sitting somewhere looking through the reported “600,000” Clinton emails that was widely reported by media.  There’s absolutely ZERO evidence of anyone looking at emails or scouring through laptop data…. and FBI Agent Peter Strzok has no staff under him who he discusses assigned to such a task…. and Strzok damned sure ain’t doing it.

It’s still October 27th, 2016, the day before James Comey announces his FBI decision to re-open the Clinton investigation.  Jim Rybicki is still saying McCabe should be recused from input; everyone else, including FBI Legal Counsel James Baker, is disagreeing with Rybicki and siding with Lisa Page.

Meanwhile the conversation has shifted slightly to “PC”, probable cause.  Read:

While Lisa Page is leaking stories to Devlin Barrett (Wall Street Journal), the internal discussion amid the “small group” is about probable cause.

The team is now saying if there was no probable cause when Comey closed the original email investigation in July 2016 (remember the very tight boundaries of review), then there’s no probable cause in October 2016 to reopen the investigation regardless of what the email content might be.  The inspector general report from June 2018 explains why:

Page #164, footnote #124

The DOJ’s legal interpretation of “intent”, as a prerequisite for criminal charges based on transmission of classified data, virtually assured Clinton would not be prosecuted.

This appears to be how the FBI “small group” or “tight team” justify doing nothing with the content and notification received from New York (SDNY).  They received notification of the emails on September 28th and it’s now October 27th, and they haven’t even looked at them. Heck, they are debating if there’s even a need to look at it.

Then on October 28th, 2016, the FBI and Main Justice officials have a conference call about the entire Huma Abedin/Hillary Clinton email issue.  Here’s where it gets interesting.

George Toscas and David Laufman from DOJ-NSD articulate a position that something needs to happen because Main Justice is now concerned about the issue of FBI (McCabe) sitting on the emails for over three weeks without any feedback to SDNY (New York).

Comey later admitted in his memoir “A Higher Loyalty,” that political calculations shaped his decisions during this period. But, he wrote, they were calibrated to help Clinton:

“Assuming, as nearly everyone did, that Hillary Clinton would be elected president of the United States in less than two weeks, what would happen to the FBI, the Justice Department or her own presidency if it later was revealed, after the fact, that she still was the subject of an FBI investigation?”

Thanks to the political decision of FBI Deputy Director Andrew McCabe, Main Justice in DC, specifically DOJ National Security Division, now looks like they are facilitating a cover-up operation being conducted by the FBI “small group”.  [which is actually true, but they can’t let that be so glaringly obvious].  FBI Director James Comey is worried that if anyone found out they had sat on this laptop discovery a “President Clinton” would then come under investigation…..  how would the FBI explain themselves?

As a result of the Top-Tier officials conference call, FBI Agent Strzok is grumpy because his opinion appears to be insignificant; the discussion is above his pay grade.

The decision is now reached to announce the re-opening of the investigation.  This sends Lisa Page bananas…

…In rapid response mode Lisa Page reaches out to journalist Devlin Barrett, again to quickly shape the media coverage.  Now that the world is going to be aware of the need for a Clinton email investigation 2.0 the internal conversation returns to McCabe’s recusal.

Please note that at no time in the FBI is anyone directing an actual investigation of the content of the Clinton emails.  Every single second of every effort is devoted to shaping the public perception of the need for the investigation.  According to Peter Strzok and Lisa Page every media outlet is being watched; every article is being read; and the entire apparatus of the small group (James Baker, Andrew McCabe, Peter Strzok, Lisa Page, Mike Kortan et al) is shaping coverage therein by contacting their leak outlets.

The laptop emails Anthony Weiner’s lawyer brought to Preet Bharara (SDNY) might have been Anthony Weiner’s leverage to try and escape NY prosecution.  Eric Prince outlined the content of that laptop as carrying much more than just Clinton emails:

“Because of Weinergate and the sexting scandal, the NYPD started investigating it. Through a subpoena, through a warrant, they searched his laptop, and sure enough, found those 650,000 emails. They found way more stuff than just more information pertaining to the inappropriate sexting the guy was doing,” Prince claimed.

“They found State Department emails. They found a lot of other really damning criminal information, including money laundering, including the fact that Hillary went to this sex island with convicted pedophile Jeffrey Epstein. Bill Clinton went there more than 20 times. Hillary Clinton went there at least six times,” he said.

“The amount of garbage that they found in these emails, of criminal activity by Hillary, by her immediate circle, and even by other Democratic members of Congress was so disgusting they gave it to the FBI, and they said, ‘We’re going to go public with this if you don’t reopen the investigation and you don’t do the right thing with timely indictments,’” Prince explained.

“I believe – I know, and this is from a very well-placed source of mine at 1PP, One Police Plaza in New York – the NYPD wanted to do a press conference announcing the warrants and the additional arrests they were making in this investigation, and they’ve gotten huge pushback, to the point of coercion, from the Justice Department, with the Justice Department threatening to charge someone that had been unrelated in the accidental heart attack death of Eric Garner almost two years ago. That’s the level of pushback the Obama Justice Department is doing against actually seeking justice in the email and other related criminal matters,” Prince said. (Link)

There’s never been any investigation that would disprove the laptop content was not what Eric Prince’s sources outlined. However, the SDNY, responding to upper level leadership from Main Justice and FBI in DC, turned over all material and essentially the laptop was buried.

In DC the FBI (Comey and McCabe) created the appearance of a re-opening of the Clinton investigation on October 28th, 2016, to keep control and ensure the investigative outcomes remained in their hands; as Comey said: “they had no choice.”

However, once the FBI opened the investigation October 28th, they did exactly the same thing they had done from September 28th to October 28th… they did nothing.  A few days later [November 6, 2018] they declared the second investigation closed, and that was that.

Again, they never expected her to lose.

When she did lose, panic ensued.

Now does Mueller make more sense?

The widely held view of the process is/was that Rod Rosenstein selected Robert Mueller as special counsel, and following that selection Mueller created his team. The perspective from CTH research is slightly different.

CTH believes that following the firing of FBI Director James Comey, the FBI Chief Legal Counsel, Jim Baker and FBI Deputy Director, Andrew McCabe; together with the corrupt small group that was involved in the prior year’s counterintelligence investigation; reacted to Comey’s firing by pressuring Deputy Attorney General Rod Rosenstein to appoint their preferred person, Robert Mueller.

Within this internal debate (May 2017); at the time this construct was being argued; is when the famous comment from Rosenstein originates: “what do you want me to do, wear a wire?” The corrupt FBI investigative crew; having initiated and continued “Crossfire Hurricane”; including people from the DOJ-NSD side (Ohr, Weissmann, etc) were pressuring Rosenstein to appoint a special counsel….. but not just any special counsel.. Baker and McCabe had the person pre-selected. That person was Robert Mueller.

They needed Robert Mueller because they needed a person who held a similar level of risk from prior activity exposure as themselves.  Mueller, directly or indirectly, was at the center of multiple Obama and Clinton abuses of power.

Obviously we can see the reason for this FBI/DOJ crew to need a special counsel. As career corruptocrats they were operating from a mindset of mitigating risk to themselves and continuing to advance on the objective to attack the executive office through their investigative schemes.

The key point here is subtle but very significant. Robert Mueller didn’t select his team, the corrupt team, the “small group”, selected him.

There is a great deal of inconsistent application of law surrounding the DOJ/FBI investigative authority during 2015 and 2016. There is also a great deal of fatigue surrounding discussion of those inconsistent applications. Contradictions, inconsistency and obtuse justifications are as rampant in our midst as the political narratives shaping them. Perhaps that’s by design.  WATCH:


(The Conservative Treehouse, 2/11/19)

(Republished with permission)

Clinton’s lawyer refuses to comply with part of a subpoena for some of Clinton’s server security details.

Clinton’s personal lawyer David Kendall sends a letter to House Science, Space and Technology Committee chair Representative Lamar Smith (R), complaining about a recent Congressional subpoena to the computer company SECNAP, Inc., which assisted with the security of Clinton’s private server from 2013 onwards.

David Kendall (Credit: Williams & Connolly)

David Kendall (Credit: Williams & Connolly)

Kendall writes, “The subpoena … is overbroad.  We have no objection to the production of documents related to the SECNAP security device used in connection with the server that … hosted Secretary Clinton’s emails from her tenure as secretary …. We do object, however, to the production of SECNAP documents and security information regarding security equipment that was used by CESC [Clinton Executive Security Corp.] after the prior server was provided to the FBI, and thus, never hosted Secretary Clinton’s work-related emails.”

Kendall continues, “Documents regarding this equipment are likely to contain sensitive information related to security of the current network and/or server. Because these documents are unrelated to the Committee’s investigation and contain sensitive security information, I respectfully object to the portion of the subpoena seeking their production.”

Because SECNAP was hired by CESC, a Clinton family company, they want approval from Clinton’s lawyers regarding cooperation with government authorities. (Politico, 09/23/16)

It is alleged that Clinton’s lawyers used a computer program to make sure her deleted emails couldn’t be recovered.

Since late 2014, when Clinton and her lawyers deleted over 31,000 of Clinton’s emails from when she was secretary of state, it has been unclear if the emails were simply deleted or “wiped,” meaning deliberate steps were taken to make sure they couldn’t be recovered later.

160825GowdyFoxNews

Trey Gowdy appears with Martha MacCallum on Fox News on August 25, 2016. (Credit: Fox News)

In an interview, Representative Trey Gowdy (R) says that, “[Clinton] and her lawyers [Cheryl Mills, David Kendall, and Heather Samuelson] had those emails deleted. And they didn’t just push the delete button; they had them deleted where even God can’t read them. They were using something called BleachBit. You don’t use BleachBit for yoga emails or bridemaids emails. When you’re using BleachBit, it is something you really do not want the world to see.”

160825BleachBitLogo

BleachBit Logo (Credit: public domain)

BleachBit is computer software whose website advertises that it can “prevent recovery” of files. Politico notes that if Gowdy is correct, this would be “further proof that Clinton had something to hide in deleting personal emails from the private email system she used during her tenure as secretary of state.” It is not explained how Gowdy might know this, but his comments come only a few days after the FBI gave raw materials about their Clinton email investigation to Congress. (Politico, 8/25/2016)

Gowdy’s claim contradicts what FBI Director James Comey said on July 5, 2016 when he announced that he would not recommend charging Clinton with any crime. At that time, Comey stated, “we found no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them. Our assessment is that, like many email users, Secretary Clinton periodically deleted emails or emails were purged from the system when devices were changed.” (Federal Bureau of Investigation, 7/5/2016)

Within hours of Gowdy’s comments, BleachBit updates their website to say: “Last year when Clinton was asked about wiping her email server, she joked, ‘Like with a cloth or something?’ It turns out now that BleachBit was that cloth, according to remarks by Gowdy.” The website also notes, “As of the time of writing BleachBit has not been served a warrant or subpoena in relation to the investigation. … The cleaning process [of our program] is not reversible.” (BleachBit, 8/25/2016)

On September 2, 2016, the FBI’s final report on their Clinton email investigation will be released, and it will be revealed that BleachBit was used on Clinton’s server in late March 2015. (Federal Bureau of Investigation, 9/2/2016)

August 16-24, 2016 – New Strzok-Page emails reveal FBI gave special treatment to Clinton’s demands for email investigation information just before election

David Kendall, (r), sits behind Hillary Clinton during a House hearing of the Select Committee on Benghazi, on October 22, 2015. (Credit: Diego M. Radzinschi/The National Law Journal)

“Judicial Watch announced today it received 218 pages of disgraced former FBI officials Peter Strzok-Lisa Page emails which show then-FBI General Counsel James Baker instructing FBI officials to expedite the release of FBI investigative material to Hillary Clinton’s lawyer, David Kendall in August 2016. Kendall and the FBI’s top lawyer discussed specifically quickly obtaining the “302” report of the FBI/DOJ interview of Mrs. Clinton.

(…) On August 16, 2016, at 10:02 p.m. Baker emails then-Associate Deputy Director David Bowdich; Michael Steinbach, former executive assistant director for national security; former Acting Assistant Director Jason V. Herring; former FBI lawyer Lisa Page; former Principal Deputy General Counsel Trisha Anderson; Michael Kortan, FBI assistant director for public affairs, now retired; James Rybicki, former chief of staff to Comey; and others to inform them that he “just spoke” with Clinton’s lawyer Kendall, who requested documents from the FBI. Baker says he told Kendall he would “need to submit a request.” Baker tells them, “I said we would process it expeditiously.”

“I just spoke with David Kendall … I conveyed our view that in order to obtain the documents [FBI investigative material] they are seeking they need to submit a request pursuant to the Privacy Act and FOIA. I said they could submit a letter to me covering both statutes. They will send it in the morning. I said that we would process it expeditiously. David asked us to focus first on the Secretary’s 302 [FBI interview report]. I said OK. [Redacted] We will have to focus on this issue tomorrow and get the 302 out the door as soon as possible and then focus on the rest of the stuff.”

The following day, August 17, 2016, Kendall sent a FOIA/Privacy Act request on “behalf of former Secretary of State Hillary Rodham Clinton” to the FBI’s top lawyer with a request for “expeditious processing.” Baker passes this request to Bowdich, Steinbach, Herring, Page, Anderson:

In my view, we need to move as quickly as possible on this, but pursuant to David’s oral request last night, we should focus first on Secretary Clinton’s 302…. Is the end of this week out of the question for her 302?

In a follow-up email exchange, the same day, Anderson arranged for Herring, Page, former FBI Assistant Director and head of the Office of Congressional Affairs Gregory Brower, Strzok and others to “coordinate a plan for processing and releasing” Clinton’s 302, though one official reminds others that they should process the request “consistent” with other requests.

Then, in an August 21, 2016email exchange Baker tells his people that he would “alert” Kendall shortly before Clinton’s 302 was to be posted on the FBI’s FOIA Vault webpage. On September 2, 2016, the FBI announced the release of Clinton’s interview documents.

Finally, on August 24, 2016, the acting FBI FOIA unit chief said he sees “no problem” with giving Hillary’s attorney a heads up before her records were posted to the Vault.” (Read more: Judicial Watch, 6/03/2019)

Clinton’s lawyer insists Clinton’s use of a private server was allowed by policy, despite clear evidence it wasn’t.

160718EmmetSullivan

Judge Emmet Sullivan (Credit: Diego M. Radzinschi / National Law Journal

Clinton’s longtime personal lawyer David Kendall appears in court regarding Clinton’s email controversy for the first time since the issue became public in March 2015. He is opposing a request to have Clinton deposed in a Freedom of Information Act (FOIA) lawsuit initiated by Judicial Watch.

The judge in the case, Emmet Sullivan, has said publicly that Clinton violated government policy by doing official business on the private server. The State Department’s inspector general, Steve Linick, also concluded the same in a May 2016 report. Kendall nonetheless maintains that Clinton’s behavior “was clearly permitted and allowed” by policy. However, he admits that her server was never specifically approved by anyone at the State Department. He also argues that the reason Clinton set up and used a private email server for all her emails was “a matter of convenience.”

Sullivan doesn’t immediately decide whether Clinton should be deposed or not. However, Judicial Watch has also asked for the depositions of former State Department officials Clarence Finney and John Bentel, and Sullivan does definitively state that at least Bentel “should be deposed.” (Politico, 07/18/2016)

FBI Director Comey says Clinton’s lawyers didn’t read every email before deleting some of them.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?”

Comey simply replies, “No.”

(Clinton’s lawyers involved in sorting her emails are David Kendall, Cheryl Mills, and Heather Samuelson.) In Congressional testimony under oath in October 2015, Clinton claimed that her lawyers did read every email.

Comey also says he doesn’t believe Clinton knew her legal team deleted thousands of work-related emails. And he says, “I don’t think there was any specific instruction or conversation between the secretary and her lawyers” in which Clinton approved that some work-related emails be deleted. He also believes that Clinton didn’t “know that her lawyers cleaned devices in such a way to preclude forensic recovery,” a matter about which the FBI asked Clinton  in her FBI interview. (Politico, 7/7/2016) (CNN, 7/7/2016)