State Department

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)

650,000 emails have allegedly been recently discovered by the FBI, many belonging to Huma Abedin, though many could be duplicates or unrelated.

Abedin and Weiner at the Metropolitan Museum of Art Costume Institute Gala in May, 2016. (Credit: Reuters)

On October 28, 2016, FBI Director James Comey announced at least a partial reopening of the Clinton email investigation due to newly discovered evidence, but initial media accounts conflicted over what exactly was found. On this day, the Wall Street Journal reports: “Investigators found 650,000 emails on a laptop that they believe was used by former [Representative] Anthony Weiner and his estranged wife Huma Abedin, a close Clinton aide, and underlying metadata suggests thousands of those messages could have been sent to or from the private server that Mrs. Clinton used while she was secretary of state, according to people familiar with the matter.”

The Journal claims that although the FBI has received a search warrant since Comey’s announcement so the agents involved with the FBI’s Clinton email investigation can look at the newly discovered emails, “It will take weeks, at a minimum, to determine whether those messages are work-related from the time Ms. Abedin served with Mrs. Clinton at the State Department; how many are duplicates of emails already reviewed by the FBI; and whether they include either classified information or important new evidence in the Clinton email probe.”

The emails “stretched back years,” and were found a computer laptop previously unknown by the Clinton email investigation. “Many of the 650,000 emails” are from Abedin’s email accounts, according to anonymous sources. Metadata shows that “many messages, apparently in the thousands,” were either sent to or from Clinton’s private email server. (Both Abedin and Clinton had email accounts hosted on the server.)

The Journal also depicts a long-standing dispute between the FBI, wanting to aggressively pursue leads, and the Justice Department, which often fails to give the FBI the legal approval to do so. (The Wall Street Journal, 10/30/2016)

Late September, 2016 – A second dossier, compiled by Cody Shearer and Sidney Blumenthal, was given to Christopher Steele

Sidney Blumenthal and Cody Shearer are long-time Clinton confidants and colleagues. (Credit: public domain)

“A copy of the little-publicized second dossier in the Trump-Russia affair, acquired by RealClearInvestigations, raises new questions about the origins of the Trump investigation, particularly about the role of Clinton partisans and the extent to which the two dossiers may have been coordinated or complementary operations.

The second dossier — two reports compiled by Cody Shearer, an ex-journalist and longtime Clinton operative — echoes many of the lurid and still unsubstantiated claims made in the Steele dossier, and is receiving new scrutiny. On Sunday, Rep. Devin Nunes, chairman of the House Intelligence Committee, said in a TV interview that his panel is shifting its investigative focus concerning the origins of the Russia investigation from the FBI to the State Department. This probe will include the Shearer dossier.

Jonathan Winer (Credit: U.S. State Department)

In late September 2016, Sidney Blumenthal, a close Clinton confidant and colleague of Shearer’s, passed Shearer’s dossier on to State Department official Jonathan M. Winer, a longtime aide to John Kerry on Capitol Hill and at Foggy Bottom.

According to Winer’s account in a Feb. 8, 2018 Washington Post op-ed, he shared the contents of the Shearer dossier with the author of the first dossier, ex-British spy Christopher Steele, who submitted part of it to the FBI to further substantiate his own investigation into the Trump campaign.  Steele was a subcontractor working for the Washington, D.C.-based communications firm Fusion GPS, which was hired by Hillary Clinton’s 2016 presidential campaign and the Democratic National Committee to compile opposition research on her Republican opponent.” (Read more: RealClearInvestigations, 4/26/2018)

The FBI has recovered 5,600 of Clinton’s deleted emails, but only about 10 percent of those will be released before the presidential election.

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg orders the State Department to finish publicly releasing about 1,000 pages of  Clinton’s emails recovered by the FBI by November 4, 2016, just four days before the US presidential election. When Clinton turned over 55,000 pages of emails in December 2014, that totaled 30,000 emails, so if the same ratio holds, that would mean between 500 and 600 emails. Due to an on-going Freedom of Information Act (FOIA) lawsuit by Judicial Watch, the State Department will release 350 pages of emails by October 7, 350 pages by October 21, and another 350 by November 4. After that, it will produce 500 pages a month.

In late July 2016, the FBI gave the State Department 15,000 emails that had been recovered by the FBI out of Clinton’s 31,000 deleted. For the first time, it  is revealed that about 9,400 of these have been deemed purely personal by the department, which means they will not ever be publicly released. That means there are about 5,600 work-related emails to be reviewed and released. But roughly half of those may be largely duplicates of emails that have already been released. For instance, Clinton was often send emails to aides she wanted printed out for later reading, and would merely comment “Please print,” or she would forward an email to an aide without comment.

It is estimated only about 10 percent of the Clinton work-related emails recovered by the FBI will be made public before the election. Tom Fitton, president of Judicial Watch, complains, “The public deserves to know what is in those emails, well before November 8, and the State Department should not continue dragging its feet on producing them.” (The New York Times, 9/23/2016)

A judge gives the State Department a tongue-lashing over its slow response to FOIA requests.

US District Court Judge Richard Leon criticizes the State Department over what he calls “foot-dragging” regarding Freedom of Information Act (FOIA) requests relating to Clinton’s tenure as secretary of state.

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US DC District Court Judge Richard Leon (Credit: public domain)

Leon warns Justice Department lawyers, “You have a client that, to say the least, is not impressing the judges on this court, myself included. … It is in your client’s interest to start being more obviously cooperative. The State Department is at risk of being perceived as obstreperous. [They] need to get with the program.”

The hearing is due to a FOIA lawsuit trying to force the release of documents on whether Clinton and her aides were trained to handle classified information. The State Department propose a deadline of October 17, 2016 to produce about 450 unclassified documents relating to the issue sought by the Daily Caller.

However, Leon orders the department to process and release of the records by October 10, 2016. (Politico, 09/19/16)

 

More information about the emails between Clinton and Obama is made public.

Hillary Clinton and Barack Obama (Credit: public domain)

Hillary Clinton and Barack Obama (Credit: public domain)

While Clinton was secretary of state, she exchanged 18 emails with President Obama from her private email account. All information about these emails has remained classified. But some details are finally released due to a Freedom of Information Act (FOIA) lawsuit by Vice News.

All of the emails were exchanged between May 18, 2012 and January 31, 2013. Obama sent eight emails to Clinton, and the other ten were from Clinton to Obama. None of the emails appear to contain highly sensitive or classified information, but instead are thank you notes, holiday greetings, and the like.

All of the emails were withheld under presidential privilege and privacy act and deliberative process exemptions to the FOIA. The new details are formally submitted in  what is called a Vaughn Index, a document prepared for FOIA lawsuits in which government departments justify the withholding of information. (Vice News, 09/15/16) (Vicc News, 09/15/16)

In February 2016, it was reported there were 19 emails between Clinton and Obama, not 18. It is unclear if the Vaughn Index is missing one or if the report of 19 emails was off by one.

Clinton often told an aide to forward Blumenthal’s emails to the White House and others, but the FBI was unable to prove this actually happened.

In the FBI’s Clinton email investigation final report released on this day, the FBI discusses the at least 179 “intelligence memos” Clinton confidant Sid Blumenthal emailed to Clinton. Media reports indicate that some memos were accurate and some were totally inaccurate, but none of them were vetted by any US government official, because Blumenthal was and is a private citizen with no security clearance sending the emails directly to Clinton.

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An email in which Clinton wanted Sullivan to send a Blumenthal email to Obama, without mentioning who it was from. (Credit: public domain)

According to the FBI report, “Clinton often forwarded the memos to [her aide Jake] Sullivan, asking him to remove information identifying Blumenthal as the originator and to pass the information to other State employees to solicit their input. According to emails between Clinton and Sullivan, Clinton discussed passing the information to the White House, other [US government] agencies, and foreign governments.”

However, the report also mentions that the FBI was unable to determine if any of the memos were actually sent to such recipients, because the State Department didn’t give the FBI any of Sullivan’s emails sent to anyone other than Clinton. (Federal Bureau of Investigation, 9/2/2016) (Department of State, 2/29/16)

The FBI provides statistics on the number of Clinton’s classified emails, but those numbers diverge wildly from the State Department’s numbers.

The FBI Clinton email investigation’s final report, released on this day, details how many of Clinton’s emails were deemed classified, and when, and at what level. This data is according to FBI and Intelligence Community (IC) classification reviews, which is different from a State Department review mentioned below:

  • 81 email chains containing approximately 193 individual emails were classified at the “confidential,” “secret,” and “top secret” levels at the time the emails were drafted on unclassified systems and sent to or from Clinton’s personal server.
  • Of the 81 email chains classified at the time they were sent, 68 remain classified.
  • Twelve of these email chains, classified at the “confidential” or “secret” levels, were not included in the over 30,000 emails turned over by Clinton in December 2014. Apparently, no “top secret” emails were in this category.
  • Thirty-six of the 81 email chains were classified at the “confidential” level.
  • Thirty-seven of the chains were at the “secret” level.
  • Eight of the chains were at the “top secret” level.
  • Out of the eight “top secret” chains, seven chains contained information associated with a Special Access Program (SAP), and three email chains contained Sensitive Compartmented Information (SCI). One “top secret”/SCI email was later downgraded to a current classification of “secret.”
  • Thirty-six of the 81 classified email chains were determined to be Not-Releasable to Foreign Governments (NOFORN) and 2 were considered releasable only to Five Allied partners (FVEY) – the US, Britain, Canada, Australia, and New Zealand.
  • Sixteen of the email chains, classified at the time the emails were sent, were downgraded in current classification by Intelligence Community (IC) agencies.
  • By contrast, the State Department’s FOIA process identified 2,028 emails currently at the “confidential” level and 65 currently at the “secret” level, for a total of 2093 emails.

The FBI report further notes: “Of these emails, FBI investigation identified approximately 100 emails that overlapped with the 193 emails (80 email chains) determined through the FBI classification review to be classified at the time sent. All except one of the remaining 2,093 emails were determined by the State FOIA process to be ‘confidential’, with one email determined to be ‘secret’ at the time of the FOIA review. State did not provide a determination as to whether the 2,093 emails were classified at the time they were sent.”

It is unclear why the FBI and IC numbers are so different from the State Department numbers when it comes to “confidential” level emails. The FBI and IC identified 36 of the 81 email chains were classified at the “confidential” level, while the State Department identified 2,028 emails at the “confidential” level. And while one cannot compare email chains to emails, all 81 classified emails chains only contained 193 individual emails, so the 36 “confidential” chains must contain fewer emails than that.

Furthermore, the FBI found an additional 17,000 emails to the over 30,000 work-related emails Clinton gave to the State Department, and it appears these largely haven’t been analyzed. It hasn’t even been reported how many of them are work-related. (Federal Bureau of Investigation, 9/2/2016)

The State Department says that around 30 Clinton emails discovered by the FBI could relate to Benghazi.

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US District Judge Amit Mehta (Credit: public domain)

US District Court Judge Amit Mehta is presiding over a Freedom of Information Act (FOIA) lawsuit initiated by Judicial Watch regarding the public release of information relating to the 2012 terrorist attack in Benghazi, Libya. The FBI recently gave the State Department almost 15,000 previously unknown Clinton emails, so Mehta wants to know if any of them relate to Benghazi.

State Department spokesperson John Kirby says, “Using broad search terms, we have identified approximately 30 documents potentially responsive to a Benghazi-related request. At this time, we have not confirmed that the documents are, in fact, responsive, or whether they are duplicates of materials already provided to the department by former Secretary Clinton in December 2014.” The department says it will need until the end of September 2016 to review the 30 or so emails and redact any classified information in them.

However, Mehta doesn’t understand why it would take the department so long to process so few emails. He orders the department to return in a week to try to justify the processing time.

Starting in mid-2014, Clinton was specifically asked for all her emails related to Benghazi, months before she was asked for all her work-related emails in general. The Benghazi-related emails were the first of her emails to be released, in early 2015.

Jason Miller, senior communications adviser for Republican presidential nominee Donald Trump, says, “Clinton swore before a federal court and told the American people she handed over all of her work-related emails. If Clinton did not consider emails about something as important as Benghazi to be work-related, one has to wonder what is contained in the other emails she attempted to wipe from her server.” (The Hill, 8/30/2016)

The State Department is ordered to review nearly 15,000 Clinton emails for public release, but it is unclear how many of these are previously unreleased work-related emails.

During the FBI’s Clinton email investigation, the FBI found some of Clinton’s over 31,000 deleted emails from when she was secretary of state. At the conclusion of the investigation in July 2016, FBI Director James Comey said the FBI “discovered several thousand work-related emails,” but is it uncertain exactly how many of these emails were found, either work-related or personal. The FBI has given the State Department a CD containing the found emails, and the department has said it will publicly release all the work-related ones.

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US District Judge James Boasberg (Credit: Diego M. Radzinschi / National Law Review)

In a court hearing presided by US District Judge James Boasberg on this day, it is revealed that the CD contains around 14,900 emails. Boasberg orders the State Department to review the emails for public release in response to various Freedom of Information Act (FOIA) lawsuits by Judicial Watch. However, it is still unclear if any of these are duplicates of the 30,000 Clinton emails already publicly released. Furthermore, it is unknown how many of the found deleted emails are personal and how many are work-related (aside from Comey’s vague “several thousand” emails comment).

In addtion, the FBI has given the State Department seven other CDs: one contains classified documents related to Clinton, another contains emails returned by Clinton, and the other five contain materials from other people that was retrieved by the FBI.

State Department spokesperson Mark Toner says, “We can confirm that the FBI material includes tens of thousands of non-record (meaning personal) and record materials that will have to be carefully appraised at State. State has not yet had the opportunity to complete a review of the documents to determine whether they are agency records or if they are duplicative of documents State has already produced through the Freedom of Information Act.”

Regarding the CD of Clinton emails, Toner says, “We still don’t have a full sense of how many of the 14,900 are new. Granted, that’s a healthy number there, so there’s likely to be quite a few.”

Republican National Committee (RNC) chair Reince Priebus comments, “The process for reviewing these emails needs to be expedited, public disclosure should begin before early voting starts, and the emails in question should be released in full before Election Day.” (Politico, 8/22/2016) (The Washington Post, 8/22/2016)

On September 23, 2016, it will be revealed that 5,600 of the 14,900 recovered emails are deemed work-related.